NEWPORT BRANCH MEETINGS 2024 August 27

Murders in and around Newport at the Bar and on the Bench by Nicholas Cooke, KC

Our guest speaker this month was, to give him his full title, His Honour Judge Nicholas Cooke, KC. Mr Cooke was called to the Bar in 1977, having been awarded a Blackstone Entrance Exhibition by the Middle Temple. Afterwards he followed a very successful legal career including becoming leader of the Wales and Chester Circuit of Barristers, the Recorder for Cardiff and finally a judge at the Central Criminal Court (the ‘Old Bailey’).

During his talk he outlined the major serious cases – usually murder or rape- in which he was involved. Although they were too numerous to discuss here we did learn many interesting facts some of which I outline below.

Manslaughter not murder:

When we think of the most vicious and horrendous killings we suppose that the charge will always be murder. However, the law requires that the suspect must be legally sane before a trial. Hence often the actual charge is ‘Manslaughter due to Diminished Responsibility’ and when found guilty the criminal would be sent to a secure medical establishment rather than prison.

Judge’s Discretion on Sentence.

The judge will have to have regard to the legal guide lines before sentencing. They will sometimes stipulate a minimum or maximum sentence available.

Murder has to earn a life sentence but the judge can stipulate the minimum sentence to be served e.g. life + 15.

The Guide lines did rate that murders by poisoning and firearms warranted a longer term than knifing, for example. Presumably because of a greater degree of premeditation.

However, these guide lines are subjected to regular review and modification. We were surprised to hear from Judge Cooke that sentences are now more severe than they were a couple of decades ago.

Big Wigs:

A queen’s counsel (now, of course, a king’s counsel) is a very senior position and this is indicated by the wearing of a silk gown (hence the expression’ taking silk’ for becoming a KC) and a large full bottomed wig). This probably leads to the expression ‘Big Wigs’ for VIPs. Mr Cooke showed us examples of the various wigs.