Families of Nottingham Attack Victims Welcome Homicide Law Review

The relatives of the three individuals who died in the Nottingham attacks have expressed their support for an initiative to re-examine homicide legislation and the sentencing guidelines for murder. Valdo Calocane fatally stabbed Barnaby Webber and Grace O’Malley-Kumar, both aged 19, along with Ian Coates, aged 65, in June 2023. In January, Calocane, who had received a diagnosis of paranoid schizophrenia, received a hospital order after being found guilty of manslaughter due to diminished responsibility. On Friday, the Law Commission disclosed its acceptance of a request from Lord Chancellor Shabana Mahmood to commence a review process in early 2025. This autonomous organization, responsible for advising on necessary legal reforms, has consented to re-examine and refresh a report from 18 years ago concerning proposed modifications to homicide legislation. The report, originally issued in 2006, urged the government to contemplate revising the classification of homicide, which is presently divided into two categories (murder and manslaughter), into a three-tiered system: first-degree murder, second-degree murder, and manslaughter. Pursuant to the Lord Chancellor’s request, the commission will now delve deeper into the categorization of homicide and the implications of diminished responsibility, alongside evaluating a broader range of concerns pertaining to murder sentencing. The commission stated that “changes in the law and society have made a new review particularly timely”. The families of the victims had previously advocated for alterations to homicide law, with Emma, Mr Webber’s mother, remarking that “murderers will get away with murder”. A collective statement issued by the families expressed approval for the review’s announcement, asserting: “Our laws, practises and processes are failing, they are flawed and archaic.” They further added, “Had our laws changed, as was first proposed almost 20 years ago, [the] outcome would have been very different.” The statement concluded, “As it stands, we are forced to endure additional trauma in the knowledge that this individual, as well as being in receipt of full benefits, may very well be released back into our community.” Prof Penney Lewis, the commissioner for criminal law, commented: “I am pleased that the lord chancellor has asked us to conduct this review and revisit homicide law.” She continued, “The public are rightly concerned that homicides are correctly categorised, for example as murder or manslaughter, and sentenced appropriately.” Prof Lewis affirmed, “We will review homicide offences and defences, and sentencing for murder, to ensure that the homicide regime operates fairly and justly.” Alex Davies-Jones MP, who serves as the minister for victims and violence against women and girls, communicated in a letter to the families that the review would address concerns highlighted by the HM Crown Prosecution Service Inspectorate (HMCPSI), which had investigated the Crown Prosecution Service’s (CPS) management of the case. The HMCPSI report recommended that the government contemplate modifications to homicide law and disclosed that the families reported being led by police to believe the attacks constituted “a clear case of murder”. The inspectors determined that prosecutors were correct in accepting the manslaughter pleas, yet noted that the case could have been managed more effectively. Calocane fatally stabbed Mr Webber and Ms O’Malley-Kumar on Ilkeston Road, subsequently proceeding to kill Mr Coates on Magdala Road. During court proceedings, it was revealed that he had been afflicted by paranoid schizophrenia when the attacks occurred. On November 28, 2023, the 32-year-old individual pleaded guilty to one charge of manslaughter and three charges of attempted murder. The CPS declared on January 23 that it had accepted the pleas, citing diminished responsibility as the basis, and he received a hospital order sentence a few days thereafter. Mr Justice Turner, the presiding judge, informed Calocane that he continued to pose a risk and that the sentence would “result in you being detained in a high-security hospital, very probably for the rest of your life”. A comprehensive schedule for the review is slated for publication in the new year, with its conclusions to be presented to the lord chancellor by spring 2025. For updates, follow BBC Nottingham on Facebook, X, or Instagram. Story suggestions can be sent to eastmidsnews@bbc.co.uk or via WhatsApp at 0808 100 2210. Copyright 2024 BBC. All rights reserved. The BBC bears no responsibility for the material found on external websites. Information regarding our policy on external linking is available.