Lucy Letby: calls for new law as baby-killing nurse refuses to face her victims' families at sentencing

A mother of one of Letby's victims said: "We have attended court day in and day out, yet she decides she has had enough, and stays in her cell, just one final act of wickedness from a coward."
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The government has been accused of "dragging its feet" over bringing in a law designed to compel murderers and serious offenders to face their victims and families at sentencing hearings.

Nurse serial killer Lucy Letby is the latest in a string of high-profile cases where murderers refuse to leave their cells and attend court to be sentenced for their heinous crimes. She was sentenced to a whole-life tariff, with no chance of parole, however judge James Goss and the victims' families had to speak to an empty chair during the harrowing hearing.

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The mother of Child E, who died, and Child F, who survived her attack, told Manchester Crown Court: "She has repeatedly disrespected my boy’s memory. Even in these final days of the trial she has tried to control things, the disrespect she has shown the families and the court show what type of person she is.

“We have attended court day in and day out, yet she decides she has had enough, and stays in her cell, just one final act of wickedness from a coward.”

Prime Minister Rishi Sunak said Letby was "cowardly" for refusing to attend her sentencing hearing, and said the law would be changed "in due course".

Cowards: murderers who refused to attend their sentencing hearings (clockwise from main): baby-killing nurse Lucy Letby, Jordan McSweeney who murdered Zara Aleena and Thomas Cashman who shot dead nine-year-old Olivia Pratt-Korbel. Credit: Cheshire Police/Met Police/Merseyside PoliceCowards: murderers who refused to attend their sentencing hearings (clockwise from main): baby-killing nurse Lucy Letby, Jordan McSweeney who murdered Zara Aleena and Thomas Cashman who shot dead nine-year-old Olivia Pratt-Korbel. Credit: Cheshire Police/Met Police/Merseyside Police
Cowards: murderers who refused to attend their sentencing hearings (clockwise from main): baby-killing nurse Lucy Letby, Jordan McSweeney who murdered Zara Aleena and Thomas Cashman who shot dead nine-year-old Olivia Pratt-Korbel. Credit: Cheshire Police/Met Police/Merseyside Police

What has happened?

Serial baby killer Lucy Letby has become the latest in a string of high-profile murderers to choose not to attend their sentencing hearing. Currently, there is nothing in the law to force criminals to attend court for trials or if they're being sentenced.

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It is far rarer for people to avoid their trial, as it is thought that juries often seen this as a sign of guilt, however it appears that more and more serious offenders are now not appearing for their sentencing. This is the court hearing where victims and their families get the chance to say publicly how the crime has affected them through victim impact statements.

At Letby's sentencing one of the parents of her victims said: "We have attended court day in and day out, yet she decides she has had enough, and stays in her cell, just one final act of wickedness from a coward.”

Jordan McSweeney has been sentenced for a minimum of 38 years for the murder of Zara AleenaJordan McSweeney has been sentenced for a minimum of 38 years for the murder of Zara Aleena
Jordan McSweeney has been sentenced for a minimum of 38 years for the murder of Zara Aleena

Other high-profile cases where this has happened, include Jordan McSweeney, who refused to attend court as he did not want to "relive" the incident where he sexually assaulted and violently murdered law graduate Zara Aleena, while she was walking home.

The gangland hitman, Thomas Cashman, also refused to leave his jail cell and attend the sentencing for shooting nine-year-old Olivia Pratt-Korbel. Mrs Justice Amanda Yip said this was disrespectful to Olivia's family.

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Koci Selamaj failed to attend his court hearing after violently beating to death school teacher Sabina Nessa in a random attack in south-east London. The judge said this was cowardly. Serial Killer Zahid Younis also refused to turn up at the sentencing for Mihrican 'Jan' Mustafa, 38, and 34-year-old Henriett Szucs, who were both found in his padlocked freezer.

Sabina Nessa.Sabina Nessa.
Sabina Nessa.

What have victims families said?

The London Victims' Commissioner, Claire Waxman, said she, along with victims' families, have been pushing the government for action. She said: "It’s simply unacceptable that Lucy Letby has been able to avoid attending her sentencing today and not face up to her evil actions in front of grieving families who have been put through unimaginable pain, which has been compounded by this added trauma.

"This case is another example of a loop in the criminal justice system which is enabling convicted criminals to regularly take advantage of. Perpetrators of crime must be made to face their sentencing in court and hear the impact of their crimes, or face consequences if they refuse."

Jebina Islam, Sabina Nessa's sister, was one of the grieving family members working with Waxman. She said: "It’s amazing that this is actually happening. The thought of these predators choosing to come to court was truly outrageous and unfair for the victim and their families and now we have put a stop to this."

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Jebina Yasmin Islam, Sabina Nessa’s sister, speaks at the candlelight vigil (Photo by Rob Pinney/Getty Images)Jebina Yasmin Islam, Sabina Nessa’s sister, speaks at the candlelight vigil (Photo by Rob Pinney/Getty Images)
Jebina Yasmin Islam, Sabina Nessa’s sister, speaks at the candlelight vigil (Photo by Rob Pinney/Getty Images)

While Jan Mustafa's cousin Ayse Hussein said: "In our case it was a double murder and knowing that the perpetrator was allowed to sit comfortably in his cell while the judge read out the impact statements was a stab in the back.

"The perpetrator should be in the dock facing the family and listening to what he has put us through and to see the pain and tears because he has caused this by killing our loved ones, but because of the law he doesn’t have to see or hear anything.

"This is wrong and has to change. Perpetrators have so many rights and privileges over families, we suffer and have to listen in court, they don’t.”

Prime Minister Rishi SunakPrime Minister Rishi Sunak
Prime Minister Rishi Sunak

What has the government said?

Earlier today (21 August), Prime Minister Rishi Sunak said: "The first thing is to extend my sympathies to everyone affected by this. I think, like everyone reading about this, it’s just shocking and harrowing.

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“Now, I think it’s cowardly that people who commit such horrendous crimes do not face their victims and hear first hand the impact that their crimes have had on them and their families and loved ones. We are looking and have been at changing the law to make sure that that happens and that’s something that we’ll bring forward in due course.”

An image issued by Cheshire Constabulary of the arrest of Lucy Letby. Picture: Cheshire Constabulary/PA WireAn image issued by Cheshire Constabulary of the arrest of Lucy Letby. Picture: Cheshire Constabulary/PA Wire
An image issued by Cheshire Constabulary of the arrest of Lucy Letby. Picture: Cheshire Constabulary/PA Wire

Without giving any details about how the law would change, Justice Secretary Alex Chalk said his department was "looking at options". He explained: “Nothing could begin to undo the damage that Lucy Letby has done.

"Justice has been served, but it was an insult to the families of her victims that Letby failed to appear in the dock to hear her sentence handed down. She took the coward's approach, insulting her victims one last time by robbing their families of the chance to look her in the eye as the judge decided her fate.

“Cases like these make me even more determined to make sure the worst offenders attend court to face justice, when ordered by the judge. That’s why we are looking at options to change the law at the earliest opportunity to ensure that in the silence that follows the clang of the prison gate, society’s condemnation will be ringing in prisoners’ ears.”

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Analysis: what can actually be done?

It's all very well politicians saying they're going to change the law and force criminals to attend their sentencing hearings, but what can be actually done?

The most common method discussed is by threatening the offender with an extended sentence, however that wouldn't work with someone like Letby who has been given a whole-life tariff. The Telegraph has reported the government is considering making it a legal obligation to attend, which would allow court and prison officials to use force to get offenders into the dock.

Questions have been asked about the practicality of this - would prison officers really be able to successfully manhandle a criminal into the dock? Would they just scream and shout and block their ears when they get there?

The best way appears to be to incentivise offenders to attend, either by extending their sentence if they don't appear or, as Labour has suggested, by removing prison perks. Inmates get prison privileges for good behaviour, such as getting a TV in their cell or access to a gym or education classes.

Labour officials are assessing whether removing these could make criminals more likely to appear at their sentencing hearing.

Zara Aleena's aunt, Farah Naz, has suggested showing the murderer the sentencing through a live video link. She told Times Radio: "Nothing will ever be enough ... but I think that is a way… the live-streaming in the cell… that the person is forced to hear the proceedings in the courtroom, and also a camera can be put on them.

“It’s really important because I think it does act as a crime deterrent, having to face a judge and to be told what you’ve done, even if you’re alone in the room, in a cell, it sends a message doesn’t it, to other criminals out there? This is what would happen.”

What has Labour said?

Shadow Justice Secretary Steve Reed accused the government of "dragging its feet", and said Labour called for new laws in April 2022.

He said: “It is disrespectful and grossly offensive to victims that this brutal murderer can refuse to face the consequences of their crimes in court. Let me be clear: she must attend court for her sentencing.

“If the defendant doesn't come and face justice, it’s beyond cowardly, and will have a devastating impact on the families. This is a vital part of seeing justice done. We called for new laws on this back in April last year – but the Conservatives have dragged their feet and have failed yet again to outline a proper timeline on when they will act.

“In government, Labour will give judges the power to force offenders to face justice in court. The families of victims deserve nothing less.”

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Party officials are assessing a range of options to try and compel the criminals to attend court from increasing sentences to taking away prison perks. While Sir Keir Starmer confirmed that Labour would close the "loophole".

He wrote on Twitter: "As Director of Public Prosecutions, I saw how crucial it is for victims and their families that perpetrators appear in court.

"That criminals can cowardly hide away is a shamefully exploited loophole, and one Labour will close. Victims must be at the heart of our justice system."