While the UK continues to come top of the table in Western Europe for the number of persons in prison per head of population, it has become particularly noticeable that the fastest growing category of inmates is the one over 60. In 1994 there were only 589 inmates aged 60 or over. By 2014 this had increased to an astonishing 3,577 representing some 5% of the prison population. The general public may be surprised to know that within this category there has been a significant increase in prisoners aged over 80 – in the most recent figures released earlier this year they numbered 102, up from 42 as recently as 2011.
Concerns have been raised as to how the prison system is coping with this influx of older inmates and this was something the Justice Secretary Chris Grayling was challenged on in a recent interview on Radio 4. In response he, as would be expected, insisted there was no crisis in the prison system but undoubtedly this shift is having an impact on the MoJ budget.
The principal explanation for the increase in older prisoners is an upsurge in the reporting of sexual offences; 40% of the over 60s are in prison for such offences, especially those which are historic in nature. Prosecution of these offences is not time-barred and the Court of Appeal has ruled that even after a lapse of 65 years it does not follow that there has been an abuse of process (R v Davies).
In the past the CPS have looked for corroboration of a victim’s account and have shied away from prosecuting cases where there is a single complainant, believing that there was not a realistic prospect of conviction. Even before the Saville scandal a more robust approach to prosecuting these cases had been adopted by the CPS, and last year fresh guidance was issued in which prosecutors now focus on the credibility of the complaint as opposed to the complainant.
Inevitably, the reporting of instances of abuse by celebrities has encouraged those who have similar experiences to bring them to the attention of the authorities. Indeed, Lewis Nedas dealt with one such case in which the complainant was motivated to go to the police when he read the autobiography of the former England rugby star Brian Moore.
Publicity can be unwelcome in any criminal allegation, but can be particularly damaging if it is a sexual offence. The Contempt of Court Act, in theory, ensures that inappropriate reporting is kept in check, but in practice publishing names of persons arrested but not charged does not fall foul of this act. Last year the Police introduced a new national policy of not providing the media with the names of persons arrested but not charged. However, with the growth of social media and its increasing invasiveness in all aspects of life, the Police have struggled to maintain this policy especially when approached by representatives of the media. Indeed, just such an occasion arose quite recently when the BBC became aware of the investigation of Sir Cliff Richard for a single historic sex offence.
It is not just the rich and famous who are in danger of their reputations being tarnished or even having their safety compromised. For instance, the Police recently published details of the 660 alleged paedophiles who have been arrested in recent months as part of an ongoing operation. One of those is a client of Lewis Nedas Law and the details provided in the reports in the media were arguably sufficient to identify him to anyone who knows him. We certainly believe that pre-charge publicity needs to be addressed by the Government by way of primary legislation. A recent project by the Law Commission has focused on updating the law on contempt, but pre-charge publicity has not featured in the first two of the reports to be published. The third is due later this year.
Contact Lewis Nedas Expert Lawyers
At Lewis Nedas Law we have extensive experience of dealing with those facing allegations of historic sexual abuse. We are non-judgmental and sensitive when handling such matters, and recognise the distress such accusations can have on both the accused and their immediate family. If you have a matter for which you require our assistance please contact Tony Meisels on 020 7387 2032 or complete our online enquiry form here.
