The News of the World, a Sunday tabloid, campaigned to allow parents to find out where paedophiles live, the so-called Sarah’s Law. Sarah Payne was a girl who was murdered by a previously convicted paedophile. The campaign has been partially successful and pilots are underway around the country. The police feared vigilantism. This has not happened because the scope of the scheme has been restricted to enquiring about specific individuals who have contact with one’s children. It is not an open list of paedophiles. The police carry out a risk assessment before deciding to respond.
There is a balance between public protection and the right to privacy. The risk of a child being snatched is greater in the vicinity of paedophiles. Even if the risk is low, many parents would like to know if there is a specific risk. Meanwhile society wants to rehabilitate the low-risk convicted paedophiles so they can rebuild their lives and put their past behind them. In these circumstances, the right to privacy gives way to the need for public protection. The right to privacy is surrendered upon conviction.
The mother behind the campaign, Sarah Payne, has been recognised for her extraordinary achievement in bringing about greater openness in hereunto private information. She has received an honour from the Queen. She has also recently become our first Victim’s Champion and will speak up for victims who are now at the centre of the criminal justice system. This new role raises a fundamental constitutional issue.
Emphasising victimhood marks a further departure away from justice for defendants. Currently, Victim Impact Statements are read out at the end of a trial prior to sentencing which capture the sorrowful nature of the offence. It is for the judge to decide on sentencing bearing in mind all aspects of the case. Under our legal system the sentencing is based primarily upon culpability, not on consequence. This is why death by driving cases cause so much anguish. A single moment’s inattention is not punished with life imprisonment. An eloquent impact statement should not lead to a more severe penalty than one where the family does not prepare a statement.
There is a further concern if the Victim’s Champion is also a progenitor of an eponymous law. To what extent is the Victim’s Champion pursuing a personal agenda? If the country is to introduce such a role, it should be defined in an objective way. What is meant by a victim? Who can speak for victims? What do victims need? How can the court experience be improved? What happens if the defendant is found Not Guilty? A Home Office Minister should answer these questions properly and after a due political process. Fundamental questions should not be left to a celebrated victim with a strong media presence.
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