The following answers are the facts this does not necessarily mean we agree with them or accept that they are right. Some of these questions are difficult to word without upsetting anyone, we apologise for any distress, which may be caused to you. Everyone has questions they want answers too and many of them will not be here. If you have anything you wish to ask, please send an email and we will endeavour to find out for you as soon as possible. Please also remember that things may be different in Wales and Scotland.
Can I see my loved one?
Yes you can. The police should arrange for you to be taken to see them as soon as possible. Please be aware that there is a strong possibility that you will not be able to touch them. In fact you may only be able to view them behind a glass petition. In some cases the police may advise you not to see them, because it could be distressing for you, especially in cases where the condition of your loved one is not what you would expect. You have a right to see them if you want to and it is in fact the coroner’s decision and not that of the police. They do have your best interests at heart but remember that you are allowed to see them if you want to and it is not a decision that can be changed later.
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Can I have my husband/wife/child back and arrange the funeral immediately?
This is a very complex question and has many answers depending on the way the crime was committed. Because of the nature of the death there has to be a post mortem. If there is more than one perpetrator the defence can insist that each defendant has their own post mortem (not Scotland). Please go to link to Home Office and search for Human Tissue Act. This will explain more thoroughly the procedures for second and subsequent post mortems.
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Will there be an inquest?
Yes there will be an inquest
Top When will the trial be?
This will depend on when arrests are made. The police have to make sure that they have a strong case before they take the evidence to the CPS
Top Can I look around the court before I go?
Yes, the first hearing will be a plea and direction. Your Family Liaison Officer (FLO) should make a date with witness support at the court for you to be shown around
Top Can my family come to court with me?
This varies from court to court depending on the room. All courts are supposed to have a waiting room for victims and witnesses that keep you apart form the family and friends of the defendant(s). Although this facility is supposed to be in every court, it doesn’t always work because of the age and size of some of them. It may be that there is only room for immediate family.
Top Can we sit in the court or do we have to sit in the public gallery?
Again this depends on the size of the court and is at the Judge’s discretion. At the Old Bailey the immediate family are usually allowed in the well of the court, but other friends and family will have to go to the public gallery from the street. You could be sitting with the defendant’s family in this case and there is no guarantee that a seat will be reserved for you.
Top What if I get angry or upset in the courtroom?
If you decide to go to the trial, and most families do, you need to be aware that you will be expected to stay composed. If you show any emotion, i.e. crying, shaking your head at untruths, or even pulling faces you may well be asked to leave. Although we understand how difficult this will be for you, it is vitally important that you remain outwardly calm. The defence could, as has happened before, say that your emotion influenced the jury and ask for a retrial. You can ask to be told beforehand evidence is graphic or distressing i.e. coroner’s reports, and you can leave the court or not attend on that day.
Top Can we speak with the CPS?
There is not a definite answer to this question because there is not a legal ruling. We have found this has changed over the years and most prosecutors will meet with your family before and during the trial. Please do not worry if they do not meet with you every day, or with every adjournment, try to remember that they have to put all their energies into getting a guilty verdict.
Top Can I address the Court?
You can write an impact statement to describe what the crime has done to you and your family; this will be given to the Judge. It is entirely his decision whether it is read out in open court or just kept for his personal notice. Try to remain calm and focussed and state the facts without anger. There is no representation of the victim in court. Trials are The Crown V The Perpetrator; therefore this may be the only chance you have to put your side of the story so you need to be heard. You will not have an input into the sentencing.
Top What is a life sentence?
A life sentence is the only sentence of imprisonment that a Court can pass for an offence of murder. This is called a MANDATORY life sentence. It is also the maximum sentence for some very serious offences, for example, rape. This is called a DISCRETIONARY life sentence.
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Does life mean life?
Some life sentence prisoners do in fact remain in prison for the rest of their live. Others, however, are released when it is considered that they have served long enough in terms of punishment and are no longer a significant risk to the public
Top What happens after sentence?
Stage 1
Shortly after sentence a tariff date is set (this is the minimum period the offender will serve before being considered for release).
“Lifers” start their sentence at special top security prisons. They progress through the system as they reduce their risk to others (following treatment etc) to less secure prisons.
Risk is assessed by a number of people throughout the offender’s sentence (e.g. Prison Staff, Psychologists, Probation Officers) and offenders can be returned to more secure prisons if it is thought appropriate.
Stage 2
In the later stages a “lifer” will be moved to an open prison.
The offender will only be considered for release if he/she is no longer considered to be a significant risk to the public. If he/she is considered to be a significant risk to the public the offender will remain in prison and be considered again at a later stage.
Stage 3
Usually the lifer spends approximately two years in an open prison immediately prior to release. If a place is available the last few months of an offender’s life sentence are spent in a pre-release hostel where they are required to work in the community, pay rent and manage their own money. Even at this late stage if there are any concerns about a lifer, he/she may have release deferred or be returned to more secure conditions.
Who decides on release?
For MANDATORY lifers, the Home Secretary decides on release, following recommendation from the PAROLE BOARD.
Top For DISCRETIONARY lifers a panel (made up of a Judge, Psychiatrist and another senior member of a criminal justice agency) decides, having considered assessment reports from the Prison and Probation Service.
Great care is taken in the assessment of risk to ensure lifers are only released when it is considered safe to do so. A Victim Enquiry report can provide important information to assist in the risk assessment process.
Stage 4
Once a lifer has been released he/she is on life licence until the end of their natural life.
A life sentence is a condition of release and means that the offender is stringently supervised by the Probation Service. Restrictions include having to reside where directed, weekly reporting to the supervising officer and monitoring of employment.
A victim report may influence the conditions attached to the life sentence. If the behaviour of lifestyle of the offender gives cause for concern at anytime he/she can be recalled to prison.
Top VICTIM’S CHARTER ENQUIRIES
What is a Victim Enquiry?
It is a service offered to victims, or their relatives who have suffered a very serious/violent or sexual offence where the offender is serving a prison sentence.
For further information please visit the Criminal Justice System (CJS) website. Top
'The Human Tissue Act'
We had intended to put this information on the site when it was first launched but decided that it may cause too much pain to anyone who had just experienced a second post mortem or had to wait a very long time for release of their loved one for burial. Anything that we add to this site is discussed at length as we try to avoid causing any further distress to anyone.
However, in light of recent cases, including that of 2 yr old Ryan Franklin, who was held for 18 months before burial, we took the decision that people should be made aware of this. Our apologies to anyone who has been i nthe same situation as Ryan's mum Cathy, but hope that this may help people in the future.
Q: How long will I have to wait for the coroner to release my child/parent/sibling for burial. Will there be a second or subsequent post mortem. Do I have to agree to it, does the coroner need my permission and can I prevent it taking place
A. http://www.opsi.gov.uk/acts/acts2004/40030--c.htm
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