Barristers warn of strain on defendants after Caroline Flack death - Law - The Guardian

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BARRISTERS WARN OF STRAIN ON DEFENDANTS AFTER CAROLINE FLACK DEATH Impact of proceedings upon those with mental health issues should be considered, experts say

Owen Bowcott Legal

affairs correspondent

@owenbowcott

Sun 16 Feb 2020 10.28 EST First published on Sun 16 Feb 2020

09.20 EST

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183

Caroline Flack was found dead at her flat in London. Photograph: Jonathan Short/AP The death of the Love Island

presenter

Caroline Flack has prompted questions about the way the justice system deals with allegations of domestic abuse and the strains imposed on

defendants.

Experienced criminal barristers said delays to trials might be adding to stress and called for more to be done to support those facing

trial.

Max Hardy, of 9 Bedford Row chambers in London, tweeted

: “The

period between arrest and charge is fraught for anyone caught up in the criminal justice system, the period between first appearance and trial even more so. In a civilised and functioning society that period should be as short as possible, in ours it’s months of anxiety.” The Secret Barrister, a bestselling author who both prosecutes and defends, said: “I see frequently how, save in cases where an accused has severe mental health problems that impact upon the legalities of the trial process, there is little consideration for the impact of proceedings upon a defendant’s welfare.

“Rarely is it acknowledged how the strain of the criminal process – whether the allegation is true or not – can affect a person. Can break a person. And this lack of care pervades not only the system,

but our society.”

Flack was found dead in her London flat at the weekend after apparently killing herself. She had been facing trial in March for assaulting her boyfriend, Lewis Burton, in December. She had pleaded not guilty; he maintained he did not want to

press charges.

The Crown Prosecution Service has recently been under pressure not to drop domestic violence charges even when complainants withdraw

allegations.

GUARDIAN TODAY: THE HEADLINES, THE ANALYSIS, THE DEBATE - SENT DIRECT

TO YOU

In a statement released on Saturday night, Francis Ridley of Money Talent Management, Flack’s management company, said: “In recent months Caroline had been under huge pressure because of an ongoing case and potential trial which has been well reported. The CPS pursued this when they knew not only how very vulnerable Caroline was but also that the alleged victim did not support the prosecution and had disputed the CPS version of events. “The CPS should look at themselves today and how they pursued a show trial that was not only without merit but not in the public interest. And ultimately resulted in significant distress to Caroline.” On Sunday, the CPS stressed that it “does not investigate allegations of crime, or choose which cases to consider. CPS prosecutors must review every case referred to us by the police, or other investigators.” It added: “We do not decide whether a person is guilty of a criminal offence – that is for the jury, judge or magistrate – but we must make the key decision of whether a case should be put before a court. Every charging decision is based on the same two-stage test in the

code for crown

prosecutors

:

• Does the evidence provide a realistic prospect of conviction? That means, having heard the evidence, is a court more likely than not to find the defendant guilty? And: • Is it in the public interest to prosecute? That means asking questions including how serious the offence is, the harm caused to the victim, the impact on communities and whether prosecution is a proportionate response.” Flack’s death comes amid a debate over the handling of domestic violence cases by severely understaffed police and prosecutors. There have been frequent criticisms of how the justice system allows manipulative partners to deter victims from giving evidence against them in court. The charity Women’s Aid estimates that only between a fifth and a quarter of domestic abuse victims ever report attacks to anyone in authority.

A criticial report

by Her Majesty’s Crown Prosecution Inspectorate (HMCPSI) last month urged police and prosecutors to improve their development of “evidence-led domestic abuse prosecutions” where “the victim is

unsupportive”.

It said: “If cases can be built without over-reliance on the victim or complainant, then it is still possible for the prosecution to proceed when the victim either does not engage from the outset or is initially supportive but withdraws their support at a later stage in

proceedings.

“In some domestic abuse cases, there will be enough other evidence that the prosecution need not rely on the victim’s evidence. Police officers and prosecutors are expected, wherever appropriate, to prosecute cases based on this other evidence.” A CPS spokesperson responded to the report at the time, saying: “We want to see perpetrators of domestic abuse brought to justice whenever possible, but recognise there are complex reasons why victims may withdraw their support for the prosecution. “Working with police colleagues, we are committed to improving our approach to and handling of these cases to help make sure they are robust and can continue if that occurs.” According to the crime survey for England and Wales for the year ending March 2019, an estimated 5.7% of adults – 2.4 million – experienced domestic abuse. Police recorded a total of 746,219 domestic abuse-related crimes – an increase of 24% on the

previous year.

_• In the UK and Ireland, Samaritans can be contacted on 116 123 or email jo@samaritans.org or jo@samaritans.ie. In the US, the National Suicide Prevention Lifeline is 1-800-273-8255. In Australia, the crisis support service Lifeline is 13 11 14. Other international helplines can be found at www.befrienders.org

._

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* Television

* Health

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PETE BUTTIGIEG 'WON'T TAKE LECTURES' FROM RUSH LIMBAUGH OR ANY TRUMP

SUPPORTER

*

CAROLINE FLACK'S DEATH IS AS TRAGIC AS IT IS ANGER-INDUCING

*

CAROLINE FLACK'S BOYFRIEND LEWIS BURTON 'HEARTBROKEN' BY HER DEATH

*

CAROLINE FLACK OBITUARY

*

TRUMP TAKES LAP OF DAYTONA TRACK IN ARMORED PRESIDENTIAL LIMO 'THE

BEAST'

*

‘WE’VE HAD ENOUGH’: CAROLINE FLACK’S DEATH TURNS SPOTLIGHT ON

TABLOIDS ONCE AGAIN

Despite calls for a ‘Caroline’s law’ against media intrusion, there is little sign change is likely 3h ‘We’ve had enough’: Caroline Flack’s death turns spotlight on tabloids once again

*

Play Video

FROM CBBC TO LOVE ISLAND: CAROLINE FLACK'S CAREER IN TV – VIDEO

OBITUARY

‘The reason I work in TV is because I get a creative buzz out of everything I do,’ said Flack in a 2018 interview with Bafta

2:28

4h From CBBC to Love Island: Caroline Flack's career in TV – video

obituary

*

CAROLINE FLACK OBITUARY Television presenter best known for hosting the reality show Love

Island

4h Caroline Flack obituary

*

CAROLINE FLACK'S DEATH IS AS TRAGIC AS IT IS ANGER-INDUCING Like the Love Island contestants the presenter rooted for, a hidden fragility makes her death all the more devastating 10h Caroline Flack's death is as tragic as it is anger-inducing

*

CAROLINE FLACK'S BOYFRIEND LEWIS BURTON 'HEARTBROKEN' BY HER DEATH 10h Caroline Flack's boyfriend Lewis Burton 'heartbroken' by her

death

*

THE SUN TAKES DOWN ARTICLE ABOUT CAROLINE FLACK FROM WEBSITE 6h The Sun takes down article about Caroline Flack from website

*

CAROLINE FLACK, FORMER PRESENTER OF LOVE ISLAND, DIES AGED 40 12h Caroline Flack, former presenter of Love Island, dies aged 40

*

CAROLINE FLACK – IN PICTURES

Gallery

20h Caroline Flack – in pictures More more on this story

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