Justice for Jane Clough

Vera Baird QC is a barrister, writer and lecturer, as well as Co-Director of Astraea: Gender Justice (Research and Education)

Yesterday saw one small victory for women over the Tory government. The Justice for Jane Clough Campaign and the Labour shadow team forced a concession from Crispin Blunt, the minister well known for championing anonymity for rape defendants, and in charge of the iniquitous legal aid bill. It is a new prosecution right of appeal against bail that could protect women who are fleeing from violent relationships.

Jane-Clough It took great courage for Jane Clough, in 2009, a nurse and the mother of a new baby to complain to the police about her treatment at the hands of her partner, Jonathan Vass, who was a steroid-taking strongman.

He was charged with nine rapes, three assaults and one sexual assault as a result and appeared at court that December.

The Crown Prosecution Service told the judge that Vass was extremely likely to approach Jane again and that he should be kept in custody. Nonetheless Judge Simon Newell gave him bail.

In fear, Jane went into hiding at her parent’s home but Vass knifed her to death on her way to work on 25th July 2010 at Blackpool Victoria Hospital.

Shadow justice minister Helen Goodman strongly criticized Newell’s decision in a commons committee yesterday.

Some judges undervalue serious allegations of violence from a partner. They seem to fear that it is a battle in a domestic war which may come to nothing and mediate their concern by granting bail with a condition that the defendant should not contact the complainant.

A judge should refuse bail if there is a risk of interfering with a witness. This is never more likely than when the principal witness is an intimate partner who was dominated by the defendant but has now escaped his grasp and whose evidence can send him to prison.

Further, there is considerable evidence that a domestic abuser becomes desperate to reassert his power when his victim complains, and his violence can dramatically escalate.

No bail condition will impede such a person, in such a state of mind, with such a lot to lose, from finding the complainant and, one way or another, stopping the proceedings.

This means that women, like Jane, who have summoned up the courage to leave their violent partners, can be left by the authorities at their mercy.

After her murder Jane’s devastated family started the campaign that culminated yesterday in Helen Goodman’s successful bid for a prosecution right to appeal against a grant of bail. There is currently an appeal when magistrates grant bail but not if it is done by a Judge.

The Cloughs highlight further issues from Jane’s case. CPS abandoned the rape charges when Vass pleaded guilty to murder, though hours of her taped complaints were available to the court.

This means that her original wrong has not been put right and that Vass is not a convicted sex offender. He is not on the sex offenders register; he will not be managed as a sex offender in prison and will therefore be as dangerous to women on release as he is to women now.

It also adds nine abandoned rape charges to the low conviction figures that continue to deter women from reporting sexual abuse day to day.

The appeal right has the weakness that the appellate judge may be another Newell, as poor as the first in understanding intimate violence. Its hope is that a second application, in itself, might promote better awareness. The right will apply to all serious crimes but current judicial culture makes it is imperative for cases like Jane’s.

Yesterday Blunt had either to accept the spirit of the amendment or deny the justice of the Cloughs’ cause in their presence. Jane died in July 2010 and the appeal right should have been in this Bill in the first place. By defending the judge and being as vague as he could about timing, Blunt made clear that this concession was being wrung from him.

The Cloughs are to be congratulated for turning their heart rending loss to some good.

See also:

• Exposed: The legal aid minister’s £97,000 conflict of interest – Alex Hern, October 11th 2011

• Tory MP: People opposed to legal aid cuts are “irresponsible and unhelpful” – Jonny Mulligan, October 5th 2011

• How domestic violence victims risk losing support because of the cuts – Richard Exell, September 1st 2011

• Fat cats will continue to milk the legal aid budget – while the vulnerable suffer – Jonny Mulligan, June 22nd 2011

• Two women a week die from domestic violence; legal aid cuts will see more – Jonny Mulligan, June 16th 2011

http://twitter.com/nhs999/status/124398845089157120 Neill Harvey-Smith

@bethharveysmith "women's issues" alert! MT @leftfootfwd One small concession on women’s issues: http://t.co/3tYXqWra by @VeraBaird"
http://twitter.com/bang2write/status/124399864720261120 Lucy V Hay

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/9rYcoRgd by @VeraBaird
http://twitter.com/fpselaine/status/124401230960275456 Elaine Howard

Terrible case. The law has a lot of catching up to do. Justice for Jane Clough http://t.co/FcfKghbn
http://twitter.com/blindjustice41/status/124401962832769024 w.m o’mara

RT @leftfootfwd: Justice for Jane Clough http://t.co/WEyWbPme "Blunt (Tory MP) made clear that this concession was being wrung from him"
http://twitter.com/shamikdas/status/124402500764839936 Shamik Das

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/HdBdchZ0 by @VeraBaird
http://twitter.com/elliecumbo/status/124404924783149056 Ellie Cumbo

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/HdBdchZ0 by @VeraBaird
http://twitter.com/politicalplanet/status/124405413725749248 Political Planet

Justice for Jane Clough: Vera Baird writes about the small concession wrung from a government which is uniformly… http://t.co/LY1Yaume
http://twitter.com/verabaird/status/124412822477217793 Vera Baird

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/9rYcoRgd by @VeraBaird
http://twitter.com/crasac/status/124414554976432128 Coventry Rape Crisis

Right to appeal bail decisions, a concession 'wrung' from Crispin Blunt yesterday. @VeraBaird http://t.co/01nddM4j
http://twitter.com/crasac/status/124414603634540544 Coventry Rape Crisis

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/9rYcoRgd by @VeraBaird
http://twitter.com/annaelizabeth_m/status/124418319813066752 Anna Martindale

New right of appeal against judges granting bail will help women escape from violent partners – http://t.co/Nl4zjMKs
http://twitter.com/ashleyharnett/status/124421530460495873 Ashley Harnett

New right of appeal against judges granting bail will help women escape from violent partners – http://t.co/Nl4zjMKs
http://twitter.com/lifeincustody/status/124425850253873152 Kim Evans

Justice for Jane Clough: One small concession on women’s issues wrung from the government: http://t.co/9rYcoRgd by @VeraBaird
http://twitter.com/danielelton/status/124428756340322304 Daniel Elton

@Lefty_Lisa V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124428811696734208 Daniel Elton

@PennyRed V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124428962179977216 Daniel Elton

@KatBanyard V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124429032791085056 Daniel Elton

@pollytoynbee V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124429092400541696 Daniel Elton

@UK_feminista V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124429703208632321 Daniel Elton

@suey2y V.Imp>> @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124429776659288065 Daniel Elton

@CateySmith @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124429895311958017 Daniel Elton

@McCormack_Evans @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
Selohesra

Tragic story but hardly supports the opening comment about being victory over Tory government – they did not release him on bail and Labour had 13 years to change the bail appeal rules but didnt. You do yourself no favours trying to politicise things where even a Daily Mail reader would say Vass should have been loclked up
http://twitter.com/danielelton/status/124429965671407616 Daniel Elton

@KiraCochrane @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124430346489036800 Daniel Elton

@compassoffice @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124430523195076608 Daniel Elton

@stopitswa >> @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/danielelton/status/124430793530544128 Daniel Elton

@crimsoncrip >> @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/omarsalem/status/124430838917107712 Omar Salem

@compassoffice @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/crasac/status/124433326663680000 Coventry Rape Crisis

@CoventryWomen @verabaird It's here, but not sure if we need @leftfootforward permission as well as Vera's..? http://t.co/bGj1ZmbW
http://twitter.com/suey2y/status/124436375104782336 Sue Marsh

RT @leftfootfwd: Justice for Jane Clough http://t.co/M3704K9P
http://twitter.com/ebonydawnmarsh/status/124439776433676288 Ebony Dawn Marsh

RT @leftfootfwd: Justice for Jane Clough http://t.co/M3704K9P
http://twitter.com/justiceforjane/status/124440492107771904 Justice for Jane

RT @leftfootfwd: Justice for Jane Clough http://t.co/jMz2koRN
http://twitter.com/cctheatreco/status/124440651055104000 Claire Moore

Right to appeal bail decisions, a concession 'wrung' from Crispin Blunt yesterday. @VeraBaird http://t.co/01nddM4j
http://twitter.com/coventrywomen/status/124451301995196416 Coventry Women

good article by @VeraBaird here about @JusticeForJane http://t.co/2TKfFAIF
Anon E Mouse

Once again this fine blog is let down by stupid sloppy partisan “journalism”.

How many victims were murdered when the last government let violent thugs out of jail early?

Longer prison sentences and bring back capital punishment to act as a deterrent and we may get somewhere but this article serves only to remind us how bad Labour and their silly policies were.

What is wrong with you people?
http://twitter.com/thelawmap/status/124535020252708865 thelawmap

RT @leftfootfwd: Justice for Jane Clough http://t.co/lKlQOflB
http://twitter.com/csvss1/status/124542000803479552 CSVSS

http://t.co/JXqYQrBt http://t.co/Nj54643b
Mr. Sensible

You’re learching to the right, Mr Mouse.

The fact with capital punishment is that, any society that puts its own citizens to death is in no position to tell them that violence is wrong.

Also, I refer you to the recent case of Troy Davis over in the States, who was put to death even though the case against him has been collapsing more and more by the day. Are you telling me that, in the interest of so called justice (vengence more like), that is a price worth paying? The Davis case shows another example of why we should never ever bring back capital punishment in this country.

On the article itself, I think the proposal to allow the right of appeal is sensible in cases like this.
Ed’s Talking Balls

I don’t understand the purpose of the opening paragraph. First, we don’t have a Tory government. Second, and more pertinently, why politicise this tragic case?

I would hope that everyone can see how dreadful this is and that it should never have been allowed to happen.

The fight you should be picking is against lofty judges who don’t care about the scum they see fit to release into the community to commit yet more horrific crimes. In a wider context, you might want to take this fight to psychiatrists who assess seriously unhinged, violent individuals as posing no threat to society; to probation officers who swallow cynical expressions of contrition and allow dangerous criminals their freedom again; and to the likes of Shami Chakrabarti, who seemingly revel in the fact that crass laws (or at least interpretation thereof) force us to keep rapists, murderers and terrorists in this country.

Direct your fire at these guilty parties.
Ed’s Talking Balls

‘The fact with capital punishment is that, any society that puts its own citizens to death is in no position to tell them that violence is wrong.’

As an aside, this is nonsense.

There is a quite obvious distinction between an individual committing murder and the state, backed up by laws passed by a democratically elected parliament, executing criminals found guilty in a court of law by a jury of their peers.

A state which carries out capital punishment in accordance with the law will always be in a position to tell citizens that violence contrary to the law is wrong. What is more, it will be able to demonstrate to its citizens that failure to adhere to the laws of the land will have the most serious consequences.
http://twitter.com/crimsoncrip/status/125164510574157824 Crimson Crip

@crimsoncrip >> @VeraBaird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://twitter.com/uk_feminista/status/125857706618789888 UK Feminista

@UK_feminista V.Imp>> Vera Baird on new prosecution right of appeal against bail for rape defendents on @leftfootfwd: http://t.co/oFPADbta
http://dasteepsspeaks.blogspot.com Matthew Steeples

A terrible story but the falsely accused are victims too. You may like to take a look at my piece on the same subject: http://dasteepsspeaks.blogspot.com/2011/10/rape-and-anonymity.html
http://twitter.com/askthosewhono/status/157232423564886016 Monika Schwartz

Vera Baird on the Justice for Jane Clough campaign: http://t.co/EqozRCbT #PMQs
http://twitter.com/shamikdas/status/197630481783726080 Shamik Das

.@vicderbyshire @BBC5Live read “Justice for Jane Clough”: http://t.co/hF0GnJe3 by @VeraBaird
http://twitter.com/verabaird/status/197750875052187648 Vera Baird

.@vicderbyshire @BBC5Live read “Justice for Jane Clough”: http://t.co/hF0GnJe3 by @VeraBaird
http://twitter.com/sue_haile/status/197752246832873472 Sue Haile

.@vicderbyshire @BBC5Live read “Justice for Jane Clough”: http://t.co/hF0GnJe3 by @VeraBaird