criminology and the criminal justic system related to the Ian Huntely case

University Degree Law

TCPS201 Module Title Criminology and the Criminal Justice Systems

Karleigh Antell

Student Number: 10051990

Formal Report - (Word Count – 2500)

Contents

Task

The Case

The Accused/ History

The Facts

The Police Investigation

Magistrate Court

Crown Court

The Murder Trial

The Court Proceedings

2.1 Mental Health Act 1983

2.2 Media

2.3 The Charges in Full

2.4 The Public Services Involved in the Case

2.5 Conclusion of the Case

2.6 Pictures of the Accused and the Victims

2.7 References

1.2 Task

You are required to prepare and deliver a PowerPoint presentation. In pairs choose a case and demonstrate how your case reflects the criminal justice system. The role of the public services must be demonstrated within context of your chosen case.

Student must show recent government initiatives in relation to the public Services and their role within the Criminal Justice Systems. In addition you are required to submit a formal report to support your findings identified in the presentation.

1.3 The Case

In the early evening of 4th August 2002, two 10-year-old girls, Holly Wells and Jessica Chapman, were on their way to the shops after leaving their family home and barbeque when they walked past Ian Huntley's house in College Close. Ian Huntley saw them and asked them in, claiming that Maxine Carr, who was known to the girls through her work at their school, was also at home. Maxine Carr was in fact, away visiting family at the time. Within a short time of Holly & Jessica having gone into the house, Ian Huntley had murdered them. It is said that Holly was downed in the bath and Jessica was suffocated with a pillow. Minutes before seeing the girls, Huntley had slammed the telephone down on Maxine Carr after a furious argument for the reason that he was suspicious that she was cheating on him. Huntley used his car to move their bodies approximately twenty miles away, where he dumped them in a ditch and set them alight, in a bid to destroy the forensic evidence. Later that evening, Jessica Chapman and Holly Wells were reported missing and a police search began at around midnight. Over the following two weeks the search escalated to become one of the most widespread and publicised in British history.

Several witnesses came forward, including Ian Huntley, who claimed to have seen the girls shortly before they disappeared of which his home was searched routinely in order to eliminate him as a suspect. Ian Huntley also allowed TV interviews to the press and his unusual interest, together with his emotional involvement, made investigators suspicious. From this, investigators were lead on to a wider hunt which revealed the half-burned remains of Holly & Jessica’s Manchester United shirts found in a storage building at Soham College. Following this the Police arrested Ian Huntley and girlfriend Maxine Carr, on suspicion of murder. Later the same day on the 17th August 2002, thirteen days after the girls had disappeared, a game warden discovered the girls’ bodies near RAF Lakenheath.

The autopsy reports on the girls stated their apparent likely cause of death as asphyxiation. Despite Huntley’s attempts to destroy forensic evidence, hair and fibre residue remained which linked Ian Huntley to the girls.

The Accused / History

Ian Kevin Huntley was born on the 31st January 1974 in Grimsby, Lincolnshire. He left school in 1990 and went straight into employment. In Huntley’s early years he already seemed to have developed an interest on young girls and on some occasions was seen out with thirteen year old girls when he was eighteen. In 1994 Ian Huntley married Clair Even after four weeks. She later left him which left Huntley moving from one rented flat to the next and changing jobs frequently. A subsequent inquiring of Ian Huntley revealed that he had sexual contact with eleven underage girls their age ranging from eleven to seventeen. In 1998 he appeared in Grimsby Crown Court charged with rape of an eighteen year old but the case never proceeded due to the lack of evidence. In 1999 he met 22year old Maxine Carr of which they quickly moved in together in Littleport, Soham. In 2001 Ian Huntley took the job as caretaker at Soham Sports Centre, Maxine Carr at the time was working at St. Andrews Primary School as a Learning Support Assistant.

The Facts

Three weeks into the trial Huntley made a momentous admission. After constantly denying he had any knowledge of the girls' whereabouts or how they died, he finally confessed that he was responsible for the girls' deaths, although he suggested they were accidental. His admission was a significant boost for the prosecution's case, even though they believed his story to be riddled with inconsistencies. Stephen Coward QC offered a statement from Huntley who claimed that the girls stopped by his house to talk to Ms. Carr and during that time Holly had a nosebleed.

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The BBC reported in a November article that Huntley led the girls to his bathroom where he allegedly tended to Holly's nosebleed in the bathtub. The article further suggested that while reaching over to wet pieces of toilet paper, Huntley accidentally knocked Holly backwards and into the bathtub, which was half full of water. He then claimed that Jessica began screaming and in an effort to quiet her he put his hand over her mouth and in the process "accidentally" suffocated her. He said that he then looked at Holly in the bathtub and realized that she was also ...

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Later, Carr told police that, "it was her idea to claim she was in the house she shared with Mr. Huntley on the day Holly Wells and Jessica Chapman disappeared." Carr said that in an effort to protect her boyfriend, who she believed was innocent of murder, she used a "crib card" with alibi details to assist her in lying more effectively to police.

www.crimeandinvestigation.co.uk

Police Investigation

Regardless of how the girls died, Huntley disposed of their bodies in a ditch 20 miles away and set them alight in a bid to destroy the forensic evidence. They were found 13 days later near the perimeter fence of RAF Lakenheath in Suffolk, on 17 August 2002, just twelve hours later their clothing was discovered in the grounds of Soham Village College and Huntley had been arrested. He was later charged with two counts of murder and detained under Section 48 of the Mental Health Act 1983 at Rampton Hospital, before a judge could decide that he was fit to stand trial. Huntley and Carr were taken to separate Police stations for questioning and Huntley was later taken to a psychiatric hospital where he was charged with the murders. The Police kept Maxine Carr in prison for eighteen months on an accessory charge purely on the strength of their prosecution case against Ian Huntley.

Huntley was linked to the bodies in several ways by forensic evidence. Firstly there were the head hairs that would have been destroyed by the heat of the fire, there was the placing of the clothes in his bin and also there was the fire itself. There was the suggestion put to the jury by the prosecution that they might believe that when placing the bodies on Lakenheath, Huntley had used his black bin liners over his shoes in order not to leave any foot prints of his shoes which connects the placing of the bodies on Lakenheath with the fire in his bin. The jury were also invited to believe that he forgot to remove his bin liners from his feet when he got in his car, as traces of soil were found in his car. The prosecution also linked him to the bodies geographically as well, because the public found the bodies very near his father's house (where he was arrested). The smell of petrol was present at both the body site and Huntley's caretaker's bin and this formed another link-up between the two, which shows that the fitting up was done shortly before the public found the bodies. The prosecution case had no evidence of him at Lakenheath and no evidence of the girls at his house, with the exception of the evidence of Lakenheath and the mud from his car. From the above the prosecution linked Huntley to the murders of both Holly Wells and Jessica Chapman by smell, colour, by profession, by domestic circumstances and by fire. All of the above was signed by his fire-proof hair and fingerprints.

The Magistrates Court

Virtually all criminal cases start in the Magistrates' courts. The less serious offences are handled entirely in the Magistrates. The more serious offences are passed on to the Crown Court to be dealt with by a judge and jury.

Magistrates deal with three kinds of cases: Summary offences. These are less serious cases, such as motoring offences and minor assaults. Either-way offences. These can be dealt with either by the magistrates or at the Crown Court. Such offences include theft and handling stolen goods and Indictable offences. These include murder, manslaughter, rape and robbery. These must be heard at a Crown Court. If the case is an indictable-only offence, the involvement of the Magistrates’ Court is brief. A decision will be made on whether to grant bail and other legal issues. The case will then be passed to the Crown Court.

The magistrate’s court follows certain procedures and rules. Some of these are laid down in Acts of Parliament and regulations made under the Acts. Others are required through the UK's commitment to the European Convention on Human Rights. The magistrates are, within this framework, in charge of their own court, and, subject to the rules mentioned above, can determine how to conduct proceedings. They are advised on law and procedure by the clerk.

In the case shown above the accused would have gone to the Magistrates Court, bail would not have been granted and the case would have then been passed on to the Crown Court which was in fact the Old Bailey in London. Or the Crown Prosecution Service would straight away send the case to the Crown Court missing out the Magistrates court due to the seriousness of the case.

1.8 The Crown Court

The Crown Court deals with: Indictable-only offences such as murder, manslaughter, rape and robbery as in the case above. Either-way offences transferred from the Magistrates’ Court, appeals from the Magistrates’ Court, sentencing decisions transferred from the Magistrates’ Court. This can happen if magistrates decide, once they have heard the details of a case that it warrants a tougher sentence than they are allowed to impose.

All offences have a maximum penalty set out in law and a limited number of crimes have a minimum sentence. These are stated below:

There must be a life sentence for murder
There is an automatic life sentence for a second serious sexual or violent offence.
A minimum 7 year prison sentence for third-time trafficking in Class A drugs (this applies to importation, production, supplying and possession with intent to supply Class A drugs. The maximum penalty for these offences is life imprisonment)
A minimum 3 year prison sentence for third-time domestic burglary. The maximum penalty for burglary is 14 years imprisonment.

1.9 The Murder Trial

On November 3rd 2003, the trial of Ian Huntley and Maxine Carr began at London's Old Bailey Courthouse. During the first few days, a jury of five men and seven women were selected to overhear the cases. The trial judge Mr. Justice Moses, presided over the trial. The prosecution's case was led by Richard Latham QC. He suggested that he would present the court with overwhelming evidence that Huntley brutally murdered the girls and tried to cover it up. He also claimed that there was evidence that Maxine Carr misled the Police to protect Huntley, although it was likely that she was not directly involved in the murders. During his statement, Latham went on to retrace the girls' last moments and Huntley's movements around the time of their deaths. Near the end of the first day the prosecutor had already laid down the foundation of his case. Just as Latham said, over the following weeks he presented the jury with significant evidence and testimony that pointed to Huntley as the primary culprit in the murders. The jury learned that at the time Jessica's phone switched off, the last signal sent indicated that she was in the "immediate area" of Huntley's house. They were also shown phone records that proved that Maxine Carr was a hundred miles away in Grimsby visiting family at the time of the girls' disappearance. Other significant evidence introduced by the prosecution included fingerprints on the bin liner that were matched with Huntley. Furthermore key Evidence, a witness testified that they had seen Huntley sanitizing his red Ford Fiesta car, thoroughly washing and vacuuming it the day after the girls disappeared. He also, ripped out the lining of the boot and replaced it with domestic carpet and he got rid of a throw that had been covering the back seat.

The same day he cleaned his car, Huntley also replaced all four tires, even though the tread was not worn down. It was also suggested that Huntley offered the mechanic who performed the work to record a false registration number. Along with the fiber and hair evidence, there were also traces of chalk, concrete, soil and other materials found in and beneath Huntley's car. Which were forensically linked to the area where the girls' bodies were found.

The evidence against Huntley was escalating daily. The location of the bodies further tied him to the case because he was known to have previously gone plane spotting in the area. During a more intensive search of his house and car, forensics specialists found fibers that were eventually matched to the girls' clothes.

2.0 The Court Proceedings

Monday 3rd November – The trial of Ian Huntley & Maxine Carr begins in court number one at the Old Bailey central criminal court, London. Tuesday 4th November - The jury of 7 women and 5 men are selected and sworn in. Wednesday 5th November - The prosecution opens its case, alleging that Ian Huntley killed the girls in his home. Thursday 6th November - The court is told by the prosecution that Ian Huntley "sanitised" his car the day after the girls disappeared. They were also told that his hair was found on their clothing. Monday 10th November - The Jury is taken to visit Soham in Cambridgeshire to see for themselves some of the key locations in the case. Tuesday 11th November - The jury is taken to RAF Lakenheath in Suffolk to see the ditch where the bodies of holly & Jessica were found. Wednesday 12th November – The t hears that Kevin Wells, Jessica's father was approached by Ian Huntley during the first week after the disappearance. Thursday 13th November - A witness tell the court that Ian Huntley knew of a quiet area near RAF Lakenheath. Monday 17th November - The jury is told that Ian Huntley seemed "agitated" and burst into tears when interviewed by Police. Tuesday 18th November - The Old bailey court is told that Ian Huntley told a friend that the girls were dead, three days after the girls disappeared, a week before the bodies were found. Wednesday 19th November - The jury is told that Ian Huntley was interviewed by many journalists, he told one, "Police think l did it". Thursday 20th November - A police witness in court describes how he discovered the clothes of Holly and Jessica, the find, leading to the arrest of Ian Huntley. Monday 24th November - Ian Huntley admits cutting off the clothes off the bodies as they lay in a ditch in Lakenheath. Tuesday 25th November - Ian Huntley says the girls died in the bathroom at his house. He claims Holly fell in the bath, Jessica started screaming. He put his hand over her mouth to keep her quiet.

Wednesday 26th November - The Old Bailey jury hears that Ian Huntley was charged and subsequently acquitted of rape in 1998. He suffered a nervous breakdown after this. Pathologist Dr. Nat Cary was giving evidence on the situation surrounding the girl’s death. Thursday 27th November - Maxine Carr tell the court that Ian Huntley told her the girls had visited his home, but left shortly after. Friday 28th November - The jury are played telephone conversations between Huntley and his mother. Monday 1st December - Defense starts its case. Ian Huntley takes the stand. He admits the girls died in his house, but denies murder. Tuesday 2nd December - Under cross examination, Huntley admits that he is responsible for the deaths of Holly Wells and Jessica Chapman. Wednesday 3rd December - Maxine Carr states that although she was in love with Huntley, she would not cover up murder for him. Thursday 4th December - Maxine Carr cries in court as she says "That thing" made me lie for him. Friday 5th December – A legal discussion without the Jury present. Wednesday 10th December - Summing up from the prosecution and defence. Thursday 11th December - Closing statements and summing up by the judge. Friday 12th December - The judge directs the jury to retire and consider the verdict. They must return a unanimous verdict. Wednesday 17th December - It becomes apparent that the jury were struggling with a decision. The judge directs the jury that he will consider a majority verdict. Within an hour the jury returned with a verdict.

Coleman, Clive and Norris, (200) Introducing Criminology

Mental Health Act 1983

With the offender's consent, the court may direct the offender to undergo treatment by or under the direction of a medical practitioner and or psychologist with a view to the improvement of the offender's mental condition.

Ian Huntley’s mental state was assessed as to whether he suffered from a mental illness or not and if he was fit to stand trial. This assessment took place at Rampton High Secure Hospital and was carried out by consultant psychiatrist, Dr. Christopher Clark.

Dr. Clark stated in court that: “Although Mr. Huntley made clear attempts to appear insane, I have no doubt that the man currently, and at the time of the murder, was both physically and mentally sound and therefore, if he is found guilty, carried out the murder totally aware of his actions”. This left Huntley facing life imprisonment if a jury could not be convinced of his guilt.

Media

The judge in the Soham murder case reminded the media before the jury entered court of their obligation to ensure a fair trial. Mr. Justice Moses warned journalists covering the trial to take care not to report anything that might subsequently become the subject of a banning order, adding that it was their responsibility to ensure they were aware of any reporting restrictions. The judge also warned the media against disobeying his orders, saying that the proper response to a disagreement was to challenge an order.

Mr. Justice Moses said it was "of the greatest importance" to ensure the jury in the case was given a proper opportunity to try it fairly and impartially”.

"It is an obligation not merely owed to the court but to the community and to those most acutely involved: the parents, friends and relatives of the deceased. It is surely not to be imagined that anyone would, with their interests at heart, want to inhibit a fair trial. "Highly colored, highly charged inflammatory reporting is not just a breach of the Contempt of Court Act, but is a breach of the media's responsibility to all involved and to the public," he added

The Charges in Full

These are the charges against Ian Kevin Huntley and Maxine Ann Carr in full.

First count – (Murder) A day between the third day of August 2002 and the 18th day of August 2002 Ian Kevin Huntley murdered Jessica Aimee Chapman.

Second count – (Murder) A day between the third day of August 2002 and the 18th day of August 2002 Ian Kevin Huntley murdered Holly Marie Wells.

Third count – (Assisting an offender) Maxine Ann Carr. Contrary to Section 4 (1) of the Criminal Law Act 1967

“Ian Kevin Huntley having committed an arrestable offence, namely the murder of Jessica Aimee Chapman, Maxine Ann Carr between the third day of August 2002 and the 18th day of August 2002, knowing or believing that the said Ian Kevin Huntley had committed the said offence or some other arrestable offence, without lawful authority or reasonable excuse provided false accounts of her own whereabouts and the activities and whereabouts of the said Ian Kevin Huntley on the fourth day of August 2002 and the fifth day of August 2002 for the said Ian Kevin Huntley, with intent to impede the apprehension or prosecution of the said Ian Kevin Huntley”.

Fourth count – (Assisting an offender) Maxine Ann Carr. Contrary to Section 4 (1) of the Criminal Law Act 1967

“Ian Kevin Huntley having committed an arrestable offence, namely the murder of Holly Marie Wells, Maxine Ann Carr between the third day of August 2002 and the 18th day of August 2002, knowing or believing that the said Ian Kevin Huntley had committed the said offence or some other arrestable offence, without lawful authority or reasonable excuse provided false accounts of her own whereabouts and the activities and whereabouts of the said Ian Kevin Huntley on the fourth day of August 2002 and the fifth day of August 2002, with intent to impede the apprehension or prosecution of the said Ian Kevin Huntley.”

Fifth count (Huntley/Carr): Conspiracy to do acts tending and intended to pervert the course of public justice, contrary to Section 1 (1) of the Criminal Law Act 1977

Ian Kevin Huntley and Maxine Ann Carr on divers days between the third day of August 2002 and the 18th day of August 2002, with intent to pervert the course of public justice, conspired together to do a series of acts which had a tendency to pervert the course of public justice in that they agreed that they would falsely maintain to the police and/or to other persons that the said Maxine Ann Carr was in Soham in Cambridgeshire on the fourth day of August 2002 and on the fifth day of August 2002 and therefore able to corroborate the account of the said Ian Kevin Huntley as to his activities during the said two days.

www.news.bbc.co.uk

The Public Services Involved in the Case

From the above case it has taken a huge amount of research in order to collect the facts of which states the murder of Holly Wells and Jessica Chapman proceeding to the convictions of Ian Huntley who was given life imprisonment for the murder of two ten year old girls and Maxine Carr who was given three years imprisonment for perverting the cause of justice on two accounts. From the start of the case the Police Service were involved investigating the disappearance of the two school girls, the departments within the Police who worked on this case would involve – Dog handlers, The Crime Investigation Department, general Police Constable working with the community to gain as much evidence as possible, forensics, victim support, personal officers and so on.

Other organisations would include – The Crown Prosecution Service, the Crown court, judge, general public, media, lawyers, solicitors, government and legislation, mental health department, Doctors, Witnesses, CCTV, prosecution service, Prison Service, Security and the Education Authority.

Word Count – 2700

Pictures of the Accused and of the Victims

Ian Kevin Huntley jailed – Life Imprisonment for the murder of both Holly Wells and Jessica Chapman

Maxine Ann Carr jailed – Three Years

Imprisonment for Perverting the Course

Of Justice on two accounts.

Holly Wells and Jessica Chapman, 10 years old. Murdered by Ian Kevin Huntley caretaker at their school and to help cover it up Maxine Ann Carr who was a Learning assistant at their school.

www.news.bbc.co.uk