Government to consider changing homicide law, says CPS Inspectorate

HMCPSI has published today [25 March 2024] its independent inspection into Crown Prosecution Service’s (CPS) handling of the Valdo Calocane case.

The inspection found that the CPS complied with the law and met their obligations to the families. But the case also highlighted areas where the families could have been better supported during an incredibly difficult process.

To better support victims and clarify the law, HMCPSI is calling on Government to consider:

• Whether homicide should be categorised in three tiers, as recommended by the Law Commission in 2006.
• Whether the culpability of the person who commits murder should be reduced to manslaughter by reason of diminished responsibility.
• If homicide is not to be categorised in three tiers and diminished responsibility is not to be a partial defence to murder, whether the mandatory life sentence should remain for all cases of murder.
• Whether the support provided by the existing Victims’ Code and Bereaved Family Scheme should be reconsidered and clarify when victims are entitled to be ‘consulted’ about decisions taken as opposed to being ‘informed’.

Chief Inspector Anthony Rogers said:

“This was a horrific and tragic case. Valdo Calocane brutally killed three innocent people, and violently attacked three other victims. My thoughts remain with all those involved in this tragic case during this devastating time.

“It is unimaginable having to deal with the death of a loved one under such horrific circumstances, but having to deal with the criminal justice system at a time of heartbreak and grief adds a further dimension of challenge.

“To better support victims and increase public trust, we call on the government to consider amending the homicide law, review the support provided to victims of crime in serious cases such as this, and provide greater clarity about the role of victims in the criminal justice system.”

On 30 January 2024 the Attorney General Victoria Prentis KC MP asked HMCPSI to carry out a rapid and independent inspection of the actions carried out by the CPS in the Calocane case following concerns raised by the victims’ families.

The inspection found that the CPS made the correct decision to charge Calocane with three offences of murder and three offences of attempted murder in relation to the events of 13 June 2023.

The CPS also made the correct decision to accept Calocane’s pleas of guilty to manslaughter by reason of diminished responsibility and attempted murder for the three surviving victims.

Inspectors found the CPS were committed to providing a good service to the families and met their obligations to the victims’ families under the Bereaved Family Scheme and the Victims’ Code of Practice.

However, there were elements where the CPS could have improved their engagement with the victims’ families.

The inspection noted that the families felt unsupported and secondary to the whole process and HMCPSI has suggested greater clarity is needed about the role of victims in the criminal justice system.

To improve future performance, HMCPSI has recommended that the CPS must undertake a review of all guidance relating to victims’ engagement to ensure that all staff are aware when use of the terms ‘consult’ or ‘consultation’ is appropriate by October 2024.