Turn up to court this week or face arrest, judge tells Janner: Chief magistrate says he will not tolerate any more delays after lawyers try to use Human Rights Act to stop him appearing
- Former Labour peer faces 22 charges of sex abuse against boys and men
- He was ordered last week to appear in court to answer the case against him
- However his lawyers claim the 87-year-old is too ill to appear in person
- Ex MP denies any wrongdoing and his family say he is 'entirely innocent'
- Britain's chief magistrate said he would not tolerate further delay in case
Britain’s chief magistrate Judge
Howard Riddle has made it clear that he will not tolerate further delay
in the case of Lord Janner (pictured above) who faces 22 charges of sex
abuse against boys and men
Lord Janner was yesterday threatened with arrest if he refuses to appear in court over child sex charges.
His
lawyers have used the Human Rights Act to claim that appearing before a
judge would cause ‘considerable stress and harm’ both to Greville
Janner – who has been diagnosed with Alzheimer’s – and his family.
But Britain’s chief magistrate Judge Howard Riddle yesterday made clear that he would not tolerate further delay.
If
Janner refuses to appear at a rearranged hearing on Friday, the judge
said the Crown Prosecution Service should apply for a warrant for his
arrest.
The peer’s legal team has used Article 8 of the Human Rights Act – the right to a family life – to try to stop him appearing.
His
barrister Paul Ozin said: ‘Given his family will have to take steps
which would cause Lord Janner considerable stress and harm, we would say
that there is a violation of his Article 8 rights because his own
family [face] the onerous task of inflicting what they regard as …
unnecessary harm to Lord Janner. Our position is that the decision is
itself unlawful.’
The
former Leicester West MP, who is accused of molesting nine boys between
1963 and 1988 and faces 22 charges, failed to attend a preliminary
hearing at Westminster Magistrates’ Court last week.
But if the 87-year-old doesn’t attend the same court on Friday, he now faces arrest.
Judge
Riddle said ‘special arrangements’ should be made by the CPS to ensure
the arrest is actually carried out. Janner will be given a special room
to sit in before proceedings and will enter court in a wheelchair
through a side door.
He
will be allowed to sit alongside a relative, a nurse and a member of his
legal team – rather than being forced to sit in the dock.
The
hearing is only expected to last a minute and during that time Janner’s
responses to simple questions can be made by proxy through his legal
team.
Passing
judgment at Westminster Magistrates’ Court yesterday, Judge Riddle
said: ‘If he is required to attend and he doesn’t, then I will be
expecting the Crown to make their suggestions [as to] how best to
proceed.
'And
if that is by way of an application for warrant, then the judge sitting
on that occasion will want to know what special arrangements have been
made by the Crown to enforce that.
Former
Labour peer Lord Janner is facing child abuse charges after a campaign
led by MPs including Simon Danczuk (right) to overturn a decision by the
director of public prosecutions Alison Saunders (left) which ruled he
was too ill to stand trial
Janner pictured meeting children in 1980. They have no connection with the charges
‘Everybody
has had significant time to prepare for these proceedings, and I expect
the parties to be able to deal with any expected developments and not
to seek any further adjournment.’
However, Janner’s appearance on Friday is still subject to a legal challenge, expected be heard by the High Court tomorrow.
Mr Ozin said Janner’s legal team would also appeal the High Court decision if it does not go in their favour.
Given
his family will have to take steps which would cause Lord Janner
considerable stress and harm ... we would say that there is a violation
of his Article 8 rights
Lord Janner's barrister Paul Ozin
Janner, a QC, is charged with sex attacks on vulnerable young boys at a children’s home in his constituency.
At
the height of his alleged crimes, Janner is accused of abusing three
victims in a month. Other charges reveal he is accused of preying
repeatedly on the same boys over months and even years.
The peer is expected to be committed for trial at Southwark Crown Court where a judge will then decide if he is fit to plead.
If
he is not, a jury would decide whether he committed the acts based on
prosecution evidence. A defence team would test the case but this would
be incomplete as the politician could not instruct them or speak on his
behalf.
If
the jury were satisfied that the acts were done, the judge would have
three options – a supervision order, a hospital order or an absolute
discharge.
None
of these amounts to conviction or punishment, but Janner could be moved
to secure accommodation if he is found to be a risk to the public.
Janner has always denied any wrongdoing.
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