Nottingham family accused of attacking victims in scathing review questions decision not to pursue murder charges

The CPS report has called on ministers to consider re-categorising homicide laws to make three tiers of charges available to prosecutors – first degree and second degree murder, as well as manslaughter. The mother of one of triple killer Valdo Calocane’s victims has joined calls for the Government to overhaul murder laws in the wake of the Nottingham attacks. Emma Webber said it was “abhorrent” that murder charges were not pursued against her son Barnaby’s killer, while the watchdog’s findings drew criticism from campaigners who described them as a “missed opportunity”. A review of the actions taken by the Crown Prosecution Service (CPS) found prosecutors were right to accept a plea of manslaughter by diminished responsibility from Calocane, who had been diagnosed with paranoid schizophrenia. But the findings did highlight areas where the CPS could have handled the case “better”. The watchdog’s report, ordered by Attorney General Victoria Prentis, instead called on ministers to consider re-categorising homicide laws, as recommended by the Law Commission nearly 20 years ago, to make three tiers of charges available to prosecutors – first-degree and second-degree murder, as well as manslaughter.

Calocane was sentenced to an indefinite hospital order for stabbing to death university students Mr Webber and Grace O’Malley-Kumar, both 19, as well as school caretaker Ian Coates, 65, in the early hours of June 13 last year. He admitted manslaughter by diminished responsibility as well as pleading guilty to the attempted murder of three people who were hit by a van stolen from Mr Coates. There was an outcry of anger from the victims’ families after prosecutors decided not to pursue murder charges for Calocane, prompting Ms Prentis to order a review of how the CPS handled the case and ask the Court of Appeal to review the sentence. Inspectors found that if the Law Commission’s 2006 recommendations on homicide charges had been accepted and implemented, “the unlawful killings in this tragic case would have been categorised as murder, albeit second-degree murder”. The Chief Inspector of His Majesty’s CPS Inspectorate said the families were struggling to understand how someone who knowingly went out to kill people was not charged with murder. He called for a fundamental re-think of the role of victims in the criminal justice system, suggesting that changes to the law should be a “sensible manifesto commitment” in an election year.

The watchdog’s report found that the CPS charging decision was correct, and the acceptance of pleas of not guilty to murder but guilty to manslaughter was also correct. The report acknowledged that the families felt unsupported and secondary to the whole process. The families’s concerns and the public disquiet about the case highlighted aspects where further consideration is needed. Director of Public Prosecutions Stephen Parkinson said that difficult decisions were made with independence and professionalism, and the report’s findings would be carefully considered. Prime Minister Rishi Sunak previously promised the victims’ families answers, but their calls for a public inquiry remain unanswered. Investigations into the actions of police and mental health staff continue. The families were due to meet the Independent Office of Police Conduct (IOPC) on Tuesday, which is investigating both Nottinghamshire and Leicestershire forces over their handling of the case.

The families affected by Calocane’s actions expressed disappointment with the outcome of the report. They felt let down by the system and were treated as secondary parties in the criminal justice process. The case exposes a disconnect between the reality of being in the system and the support available, prompting further considerations on how the Government should act. The controversy surrounding Calocane’s case has sparked a call for re-evaluating the role of victims in the criminal justice system. While the families continue to seek answers, the recommendations put forward by the watchdog raise important questions about how the criminal justice system can better address the needs of victims and provide more support to those affected by tragic events like this one.