All language subtitles for Judge John Deed S05E01 Hard Gating.DVDRip.HI.en.BBC

(ALARM SOUNDING)

Open it!

ELKINGTON: He's half eaten him.

Are you totally mad?

Well, get him out of there!

- He's really done him, Chief.
- Button it!

Get the Deputy Governor!

- Sir John, Jill Miro.
- Yes, I know who you are.

I've been following my spat with
the Home Secretary in your column.

- Is it resolved, Sir John?
- Has he resigned?

Is that imminent?

John.

DEED: How are you?

She didn't greet me like that.

She'd kiss a dog like
that if it gave her a leg up.

It's quite an
achievement, Morag.

Denning was the last
youngest High Court judge at 46.

Pitt was Prime Minister at
26. I can't beat that, John.

Yeah, your backside
will hardly touch the bench

before you're in
the appeal court.

I doubt it. I'm just a girl.

I had noticed.

What did you notice?

I hear you're joining us
as a winger. Hello, Vera.

I, uh, I hope you're not
going to turn out to be

one of those wet
liberal judges, Morag.

MORAG: Oh, where are they,
Vera? I haven't seen many of those.

I see no reduction in offending.
Someone must take the blame.

(CHUCKLES) You
set her straight, Vera.

The senior lawyer at CPS is
interested in my offering him a deal

in the Bradwell case.

Excuse me.

- Is there something I don't know?
- No.

We'd accept a plea of manslaughter
on the basis of diminished responsibility.

Newman?

What?

Well, he wouldn't do any better.

Do you want to have dinner
and talk about the case?

Charlie, a crowd of us are
going to eat. Are you coming?

Jonathan's just asked me
to go and talk about a case.

Oh, really?

Don't we have clerks for that?

Granddad.

Hello, my darling. How
lovely to see you. Evening.

She's a heartbreaker, my
boy. Just like her mother.

- I was just checking she was okay, sir.
- Mmm?

John, why don't you
come back to Sussex?

There's a prison death I'd like
you to hear. Cannibalism case?

I'm a vegetarian, Monty.

There's some sort of hidden
agenda going on here. I'm sure of it.

- Drink, darling?
- I'll have a gin and tonic, please.

We're so impressed
with your protégé.

Uh, excuse me, uh... Someone...

She's like the Queen.

Congratulations.

Actually, she's a bit more
like Cardinal Richelieu.

Hmm.

Would you like to have
dinner after the party?

I might get a better offer.

(CHUCKLES)

(LAUGHING)

(EXCLAIMS)

(BOTH LAUGHING)

Jo?

You okay?

I can't sleep.

Well, that's not going to help.

I don't know if I'm in
love with you any more.

Did you find somebody better?

You think there could
be someone better?

- I meant what I said about commitment.
- Mmm.

I'm not sure you have it in you.

- Is that what this is about?
- Oh, if I knew I'd tell you.

No, it's...

(SIGHS)

It's more complex.

- Can we talk in the morning?
- (SCOFFS) You see?

You get what you want and then
you just want to go back to sleep.

No. I want to make love again.

John, listen to me.

You never consider my needs.

Yes, I do.

- They keep changing.
- Don't you understand anything?

I know I love you. You know
I want to be a part of you.

I want to be inside you,

behind your eyes, in your mind.

I want to wake with
your breath on my neck.

How many times do
I have to tell you this?

All the time.

And I still wouldn't be sure.

Michael Gilliat is a
man who did wrong

when he drove his car over the
legal limit for alcohol consumption.

For every moment since then,
he has regretted what he did.

This, however, may be of
less interest to your lordships

than the sentencing
guidelines for this sort of offence.

The maximum
sentence is 10 years,

the normal sentence is
four years on a plea of guilty.

The seven years
Michael Gilliat received,

along with his 10-year driving
ban, was beyond the norm

and therefore unfair.

This is why we would
hope your lordships

would look with fresh
eyes at his sentence.

Thank you, Mr Norwalk.

His sentence was, as you
say, beyond that usually given

for this sort of offence.

We will take a fresh look at it.

The act of killing,
although not premeditated,

did show marked calculation,

in that Mr Gilliat drank beyond
the reasonable permitted amount

whilst knowing
that he shouldn't.

He calculated that
he could drive his car.

And he lost control and killed
a young man, Peter Foreman,

who was out on his first date.

Now, remorse, no
matter how deeply felt,

is not going to restore a
loving 17-year-old to his parents.

Of course not, my lord. What
we are asking you to consider

is a sentence in line
with the government's

sentencing counsel's
suggestions.

Just because the original
sentence was beyond the norm

doesn't necessarily
mean that it was unfair.

These are complex issues.

We will retire while
we review the sentence.

USHER: All rise.

You should lose a son
so you know what it's like.

It was very unfortunate,
but it was an accident.

This is an intelligent man, Joe.

He knew that powerful
cars and drink don't mix.

And he has three previous
motoring convictions.

Only one for drink-driving.

Look, we should reduce his sentence
in line with the panel's suggestions.

Why don't we do
what we want to do

instead of what this
government-appointed panel dictates?

Are you arguing for a
harsher sentence, John?

I don't know. I haven't made
up my mind about that yet.

What I'm more concerned
about is that this man

takes fuller responsibility
for his actions.

We could extend his sentence
to the maximum, with a long ban.

It's what the dead boy's
parents would want for.

Shouldn't we try and rise
above base tabloid emotions?

- He took a young man's life.
- Yeah, but whose interest do we serve

if we concentrate only
on punishing him for it?

If we ease his sentence, how does
he learn from his wrong actions?

That's what we're
trying to work out.

Yes, well, we're going to
have to reserve judgement

while each of us reflects
long and hard on this.

Is the kettle on, Brian?

Always turned on for you, Rita.

So, is the judge going
to stay for the full term?

(CHUCKLES) If he survives.
Nothing much changes.

They wanted him to sit at the
Bailey to keep him out of trouble.

Well, there are a couple of interesting
civil actions coming up on the list.

A phone mast at a
former council flat block.

Some of the flat
owners are in a bad way.

He wants the
cannibal murder first.

Well, I hope he's
got a strong stomach.

Ian.

How is Deed hearing the
present cannibal killing?

Doesn't the Home Office
feed prisoners properly?

You know the victim's mother
is accusing the Prison Service

of being racist?

I did ask Monty Everard to
see it went to someone reliable.

Can't rely on him any more.

That wretched Pyrian De Mel. He's
representing the dead man's family.

He runs to the media demanding
an inquiry at every opportunity.

Nothing succeeds
like persistence.

Does accusing us all of
being racist make us racist?

CROWD: We want justice for
Paul! We want justice for Paul!

(SIREN WAILING)

WOMAN: Mrs Settle is arriving!

Any comment, Mrs Settle?

All I want is the truth
about my son's death.

The internal prison
inquiry was a cover-up.

Paul was put in prison
for a crime he didn't commit

and those racists killed him.

I want the Home Office to
tell us what really happened.

Do you think the truth will come
out during this trial, Mrs Settle?

They murdered Paul. That's
why they're hiding the truth.

Mrs Settle wants an
answer to one basic question.

Why was Paul put into a
cell with a self-declared racist

only weeks before
his release date?

Twice she has tried to
bring a private prosecution

against the prison
officers involved.

Mrs Settle will not give
up this fight. Thank you.

We want justice for Paul!

(GAVEL BANGING)

USHER: All rise.

Mr Harrison.

Stand up, please.

Ben Bradwell, you are charged
that on August the ninth last,

you murdered Paul Amos Settle

in a cell at HM
Prison Sparkenbrook.

How do you plead,
guilty or not guilty?

My lord, the prosecution has
agreed, on the basis of medical reports,

to my client pleading
guilty to manslaughter

on the grounds of
diminished responsibility.

That will save the
state some money.

No! The truth will
never come out.

Mrs Settle, it's right that
you get the answers you seek.

But I'm not sure
that this is the forum.

He killed my son with the
help of the Prison Service.

They're trying to
cover that fact up.

Mrs Settle, as sympathetic
as I am to your distress,

I simply cannot allow
these interruptions.

I see that your solicitor,
Mr De Mel, is with you.

I'm sure he will advise you.

Sit down, please.

Mr Bradwell, do you wish to
plead guilty to manslaughter?

Yeah, I got to.

Done the coon.

If you mean the victim, Paul
Settle, refer to him by his name.

Yeah, I done him.

He provoked me.

Do you understand that you are
pleading guilty to manslaughter

on the grounds of
diminished responsibility?

I gotta go guilty.
But he provoked me.

Made me mad.

Mrs Mills, there seems to be

a contradiction between the plea
and the defendant's statement.

Now, would you like
a short adjournment

to talk to your client,
take instruction?

I'm obliged, my lord.

Inform my clerk
when you're ready.

USHER: All rise.

I'm not mad.

- I'm not.
- JO: No.

Section 2 of the Homicide Act
defines diminished responsibility

as when a person kills another person
while suffering temporary madness.

This is so I get
a light sentence?

Only if the judge
feels you're truly sorry.

(CHUCKLES)

What?

For killing a flash jig?

I'm supposed to get
a nothing sentence.

Mr Bradwell, an awful lot
depends on the judge's assessment

of your present mental state.

Does your client
now fully understand

what pleading guilty to
manslaughter means?

- He does, my lord.
- I'm not thick.

Mr Bradwell, you have to understand that
you could go away for a very long time.

He started it! Said I was thick.

If you shout at
me one more time,

you will be down in the cells so
fast it will make your head swim.

Do I make myself clear?

Now, the defence, which
the prosecution has accepted,

is diminished responsibility
at the time of the offence.

Well, it was that black

or me.

Do you still want
to plead guilty?

Well, yeah. That's best.

Because according to
your argument, Mr Bradwell,

you sound as if you think
you were defending yourself.

Well, when they
put him in my cell,

they knew that one of
us was going to get hurt.

Is this now self-defence? Hmm?

I'll see counsel in chambers.

USHER: All rise.

You have properly
advised this man?

I have. He still insists
that he was provoked

and that it was self-defence.

He agrees that he wasn't
very well at the time.

Then why have you
accepted the prosecution's offer

of guilty to manslaughter,

instead of running him
not guilty to murder?

You don't really want
me to answer that?

I'll pretend I'm not listening.

Is this man well enough
in mind to stand trial?

The psychiatric report
suggests he now is.

He started to eat his victim.

Guilty due to
diminished responsibility

is the simplest way
to deal with him, John.

Yeah, but is it the fairest? I would
like to hear some evidence in this case.

- From whom?
- From the defendant, for a start.

I mean, is this
diminished responsibility,

is it provocation or is
it self-defence? Hmm?

- Do you want to run him not guilty?
- I'm not inclined to.

All right. We'll go
guilty to manslaughter.

But in view of the contradictions,
I want to examine the evidence.

Well, in that case, my side might
well want a jury to try the murder.

I mean, you can't run some sort of
Newton hearing in a murder case!

I thought he was
pleading to manslaughter.

- John.
- Look, can either of you

direct me to the
law that says I can't?

Can you?

A jury could convict him of murder
or it could acquit him of everything.

Now, it's far better if we agree that
it's one or another kind of manslaughter

and I examine which it is.

That's how 800 years
of case law evolved,

by a judge doing
something for the first time.

We'd like to make a statement.
You running? Okay. Here we go.

This is the kind of
hearing that's being run.

No jury and no
justice for Paul Settle.

No jury, no justice
for my brother.

(REPORTERS CLAMOURING)

Why do I have to go
over it again and again?

It undermines the Home Office.

- I won't allow it.
- Regrettably, Deed's done it.

I'm not sure there's anything
you or I can do about it.

We could sack him.

(CHUCKLES) That would
be very nice, Home Secretary.

However, as a High Court judge,

he is the very embodiment
of the Crown wherever he sits.

He can't be sacked.

Margaret. Have Sir
Percy liaise with Sir Ian.

The judiciary's unbridled
power cannot continue.

I want everyone in the Home
Office and Constitutional Affairs

who have an opinion on that to
meet at their earliest convenience.

Okay.

We will have some action, Ian.

The last thing I want to do
is defend the Deed, darling.

But isn't there a risk of
this being seen as personal?

It is personal, George.

Deed finds any
means to get at me.

You're being paranoid.

It's just a case he's running.

George, it was open and shut.

The defendant was being
allowed to plead guilty.

Now Deed is running a hearing
like an examining magistrate.

It allows him to ask whatever
questions he chooses

about allegations of
racism in the Prison Service.

All to embarrass me.

Neil, he's got the
two silks to agree.

An interdepartmental meeting
about Deed alone is so OTT.

- Do you want some dinner?
- Hmm. Are you eating alone?

- You've been talking to Charlie.
- Ah! No little Miss Oxfam?

No, she's in the
middle of a trial.

Charlie said Jo's boyfriend in
South Africa might be returning.

This is social, George.

Oh. You could offer me a drink.

(EXHALES)

- Are you trying to embarrass Neil?
- How?

With this bizarre Newton trial.

He's called a conference of
department heads to curb your excesses.

Mmm. It's not your career
that concerns me, John.

I don't want Neil embarrassing
himself by going after you.

I don't think embarrassment's
in his emotional cannon, George.

You don't care about anyone's
feelings so long as you can hold forth.

- Pathological.
- I'm simply trying to do what is just.

- You might be wrong.
- Why are you really here, George?

(SIGHS)

Did you have evidence
of anything corrupt

between Neil and his
friend Sir Tim Listfield?

A politician is in a position
to help a sleazy arms dealer,

and the arms dealer is
ready to grease palms.

How can there not be anything?

For someone whose entire
life is predicated on fact,

that is extraordinary
conjecture.

If there had been any evidence
I would have acted, wouldn't I?

There was doubt,
George. And it's in you, too.

It's why you're here.

You must proceed according to
your own conscience, not mine.

Do you know what I dislike
most about you, John?

Your superiority, your perpetual
claim to the moral high ground.

That's what I most
dislike about myself.

(DOOR SLAMS)

I couldn't believe what I
saw when I opened the cell.

I have to admit to being scared,
in case Bradwell attacked me.

Then I thought,
"That's silly. I'm white."

You knew Bradwell was racist?

Well, yes, it's in his book.

What is this book, Mr Elkington?

His file.

It has to be read by all
officers coming on duty.

Did you read it that night?

No. I mean, I had before.

And what did it
say about Bradwell?

Well, the usual
stuff, I'm not sure.

- But you have read it?
- Yes, sir.

Do we have a copy of Mr
Bradwell's prison book in court?

We do, my lord. It's
copied in your bundle. 15C.

Says here, "Mr
Bradwell is a racist

"who thinks nothing of his personal
safety in pursuit of racist attacks.

"No black officer must
escort him on his own."

Yet you put a
black man in his cell.

There was a lot going on.
The dead man was acting up.

Did you put him in with
Bradwell to punish him?

He was causing trouble
and we were overcrowded.

Okay.

Mrs Mills, do you
wish to cross-examine?

Can you tell us your
impression of Mr Bradwell

when you first
opened the cell door?

I saw Settle first.
I almost threw up.

Then I saw Bradwell. He
was sitting there, grinning.

He had blood round his mouth.

Then I twigged there were chunks
of flesh, what he'd bitten out of Paul.

(PEOPLE MURMURING)

What was Mr Bradwell's manner?

Calm. He was grinning. Like
he'd done something terrific.

- Did you speak to him?
- No.

I just wanted to get out
of there as fast as I could.

Thank you, Mr Elkington.

Mr Mason Allen, do
you have any questions?

Um, what time did
you find Mr Settle?

Quarter to six. I punched
the rounds clock about 10 to.

Mmm-hmm. What number was
Mr Bradwell's cell on your round?

The third. The
second one was empty.

Mr Elkington, earlier you said
the prison was over capacity.

Now you're saying
there was an empty cell.

- Just one?
- Um, I'm not sure.

There was a lot of
confusion on the wing.

Well, was the
prison full or not?

Yes, sir. The empty cell
was damaged. It wasn't in use.

I see. Mason Allen?

I have no further questions.

Thank you, Mr Elkington.
You can step down,

but please stay in the vicinity of the
court, as you might be called again.

I'd like to hear forensic evidence
next. Is the pathologist present in court?

Yes, he is, my lord.

Death occurred between
11pm and 12 midnight.

Mr Settle died
from loss of blood,

following a series of
stab wounds to the back.

One punctured his left lung,
another the vena cava superior.

How quickly do you estimate
death came, Dr Graceman?

He would have survived
no more than 10 minutes.

And would he have been
able to move or cry out?

It would have been
increasingly difficult.

This was a fit 24-year-old.

It takes a lot to stop the
life force of such a person.

- How many stab wounds were there?
- Three. The third was superficial.

And did you draw
any conclusions?

Only that there was a struggle.

The bruising on Paul Settle's
torso indicated as much.

Could the stabbing have
been in self-defence?

I didn't examine the defendant

and I haven't seen any medical
report following his arrest.

I can't give a clear opinion.

Is there a medical report?

Only one that was made 24
hours after the death of his cellmate.

Mr Bradwell was examined
prior to seeing a psychiatrist.

Did that report indicate

that the defendant might have
been in a fight with the dead man?

There were a number of cuts
and contusions. Some were fresh.

The defendant has a
history of attacking people,

some of whom, inevitably, are
more able to defend themselves.

Yes, thank you, Mr Mason Allen.

Dr Graceman, can
you tell the court about

the bite marks on
Paul Settle's body?

The bite was forensically matched
to the defendant's teeth pattern.

Indeed, there were traces
of saliva around the wounds

that matched Mr Bradwell's DNA.

So there's no doubt that
Bradwell ate Paul Settle's flesh?

None was found in the
cell to indicate he spat it out.

Remember, the biting took place
up to four hours after the killing.

- And how do you know this?
- Blood coagulation.

The edges of the
wound didn't bleed.

He waited before
eating his flesh?

(MRS SETTLE EXCLAIMS)

Mrs Settle, you might be
better off waiting outside.

No, no.

I want to hear what
they say about my boy.

Very well. Any
questions, Mrs Mills?

Have you any previous experience of
someone killing and eating their victim?

Not personally. It's bizarre.

Would you say it was insane?

I'd have to conclude that.

Thank you, Dr Graceman.

Dr Graceman,

are there not tribes both in
South America and Borneo

who eat their victims
as a victory celebration?

I'm a clinician, sir,
not an anthropologist.

Mr Mason Allen, was
there any known history

between Mr Settle
and the defendant?

Not that I'm aware of.

Mr Bradwell has 18 previous
convictions for violence,

mostly within
prison institutions.

And Paul Settle

was convicted for assaulting
a police officer with a knife.

No, he didn't! He was innocent.

A belief you are entitled to
pursue, Mrs Settle, but not here.

If I'm not allowed to
speak for Paul, who will?

Mr De Mel, I understand that you are
holding a watching brief for Mrs Settle.

Now, whilst I am
sympathetic to your client,

if she interrupts again I
will hold her in contempt.

Mrs Settle is under tremendous
strain. She's barely kept her sanity

as she's struggled to get to
the truth of what happened.

I was not inviting your
comments. Just do as I ask.

The policeman lied about Paul.

The jury in your son's
trial took a different view.

Now, please, sit down.

Why'd you take Bradwell on?

I'm a barrister. I subscribe
to the cab-rank principle.

- Is this man worth your effort?
- What about your effort?

Monty Everard seems to think
there could be a hidden agenda.

Did he say whose?

I'm sure Newman Mason
Allen thinks the same.

Did he say whose?

(SCOFFS)

Ah, you're probably right to
examine this case as you are.

Bradwell is as much of
a victim as the dead man.

Is he? He ain't dead, Jo.

He suffered abuse
and neglect as a child.

Well, lots of people had a difficult
start in life. They overcome it.

He's 29 years old and
has spent 24 of those years

in some sort of
institution or another.

Yes, it's an appalling
indictment of the system.

But the problem and the
solution both lie with Bradwell.

John, this is a young
man full of pain and rage.

One who is easily manipulated,

as you can tell from his
attachment to the BNP or worse.

And others like him didn't
stab and then eat their victims.

Isn't it odd that someone who hates
the very breath black people take

should do that to the
victim, having killed him?

So what are you saying?

The psychiatrist thinks he might
have been hearing schizoid voices.

Bradwell said "they"
told him to do it.

(SIGHS) Gotta go.

Can we have dinner?

- Not tonight, John.
- Jo, uh...

Have I missed something here?

I'm just trying to sort out
my feelings towards you.

Okay, does that prevent
me from seeing you?

Whenever I'm with
you, I just seem to...

(SIGHING)

fall under your spell.

Seeing you in court's bad enough,
seeing you socially means I...

I don't know what I feel.

Yeah. You heard from Michael?

Yeah, he's doing well at school.

Settling in all right, is he,
with his dad and his brothers?

- Yeah, of course.
- Hmm.

My feelings for you have
remained absolutely constant!

That's more than could
be said for your actions.

Well, what do you want me
to do, go back into therapy?

Are you missing sleeping
with your therapist?

Well, I deserved that.

Mr Spearson, as
the Principal Officer,

can you tell the court what
was happening on A-wing

on the night Paul
Settle was killed?

Near total chaos, sir.

Prisoners screaming, banging
their doors, flooding toilets.

One even tried to start a fire.

What was the cause of this?

It's never one
single thing, sir.

There'd been an
upset earlier in the day,

a prisoner tried
to kill himself.

That makes a lot of
them feel vulnerable.

Including Paul Settle?

Yes, sir. He'd been acting up.

Is that why he was
on a secure wing?

I don't know, sir.

Well, he was due for
release shortly, wasn't he?

Aren't such prisoners put
on a less restricted regime?

When they behave, sir.

And Settle hadn't been behaving?

No, sir.

That's why he was serving
every day of his sentence.

That's because you
lot kept picking on him.

Mrs Settle, I've warned you.

Paul told me all about you,
how you were out to get him

- and all the other black prisoners.
- Usher! Usher!

Remove Mrs Settle,
don't let her come back.

(PEOPLE MURMURING)

Mr Spearson, do you know why
Mr Settle was acting as he was?

I think he was trying to convince the
world he hadn't done what he did, sir.

Why was he put in a
cell with a known racist?

- It shouldn't have happened, sir.
- But it did, and on your watch.

The inquiry couldn't find
out why it happened, sir.

It was human error.

In the chaos, the guards
yanked out the ring leader

and put him in
another cell, sir.

In a white supremacist's cell.

They should have read the
book, sir, but they panicked.

I see.

Are protocols laid down for
prisoners such as Bradwell?

Yes, sir. And they
are strictly adhered to.

Not this time, Mr
Spearson, and it proved fatal.

Mrs Mills?

Mr Spearson, you gave the
order to move Paul Settle.

- Yes, miss.
- Did you say where to?

I said to the empty cell.

I didn't know it was
out of action at the time.

It is your job to know every person
and every function on the wing?

Yes, miss. And I
messed up, big time.

Did you know Bradwell
would react as he did?

No one could imagine
he'd do that, miss.

The internal inquiry
reprimanded Mr Faker,

an inexperienced prison officer,
and Mr Elkington for their oversight,

but didn't you have Paul Settle
placed in the defendant's cell

to get back at
him for acting up?

No, of course not.

But that is what happened.

No, it wasn't.

Do you have evidence
to support this, Mrs Mills?

Well, no. But it is a
common sense inference.

Then have you finished
with this witness?

- Yes.
- DEED: Yes?

Mr Mason Allen.

Mr Spearson, um...

(CLEARS THROAT)

What does the prison book
say about the defendant?

He is a psychopathic racist who attacks
ethnic minorities without warning, sir.

Has he made such attacks before?

He has, frequently.

Thank you, Mr Spearson.

DEED: Mr Spearson,
don't step away.

What was your relationship
with the defendant?

He was in my charge, sir.

- Did he give you much trouble?
- No, sir.

Despite everything, he was a lot
less trouble than the man he killed.

Settle fermented
a lot of unrest.

You would have been
pleased to see the back of him?

His release would have
been a break for everyone, sir.

On the plan of the
wing, Mr Settle was...

eight cells away from
Bradwell. Correct?

Yes, sir.

Bradwell was in
A-3, Settle in A-11.

Who was in A-1, 2 and 4?

I'm not sure, sir.

Did A-1 have a broken toilet?

I think so, sir.

Thank you, Mr Spearson.
Don't leave the court precinct.

DEED: Mr Mason Allen, I think you
were intending to call two prisoners,

are either of them
still available?

MASON ALLEN: I
stood both down, my lord,

when my learned friend for
the defence and I agreed a plea.

Oh, I see.

Well, then I'd first
like to take a view

of the scene of the
killing. Mr Harrison?

Certainly, my lord. When
would you like to go?

After lunch? All right.

Your client should
be present, Mrs Mills,

and Mr De Mel,
as there is no jury.

Mr Baggs, you were the
Duty Assistant Governor

on the night Paul
Settle was killed?

Yes, sir. The
eight to eight shift.

- Twelve hours?
- There's a rest provision, sir.

We do four 12-hour shifts
and have three days off.

Did you sleep the night
Paul Settle was killed?

- No, sir, there was too much trouble.
- Hmm.

Was it your decision
to move him?

Mr Spearson has
control of the wing.

Yes, but did you approve the
decision to move him into the cell

with a prisoner
who was a racist?

No, sir, putting him into
Bradwell's cell didn't arise.

Well, did you warn
them not to do it?

No, sir, I assumed
they'd read the book.

Well, how was the decision
to move Paul Settle arrived at?

Mr Elkington called and said that Mr
Spearson had ordered Settle moved

because he was acting up.

Well, he was due to
be released shortly.

Like I said, sir, he
wouldn't give an inch.

And you said nothing more
specific than to move him?

No, sir.

Where are the rest of the
prisoners on the wing now?

- In the workshops or classrooms, sir.
- All right.

- Let me see the cell.
- Sir.

Oh.

Is this cell now reoccupied?

Yes, we're back
up to full capacity.

Does that cause
problems, Mr Spearson?

It means there's no let-off,
sir, for staff or prisoners.

Everyone's out now, working?

Did Paul Settle join in
many activities, Mr Baggs?

Yes, things were relaxed,
we didn't have a full house.

Didn't you? Your colleague
Mr Elkington says that you did.

BAGGS: Well, I suppose so,
if you count the damaged cells.

Who's in the next cell?

SPEARSON: Stevie Quantro, sir.

I'd like to question Mr Quantro.

- What, now, sir?
- Yes. He'll need to take the oath.

QUANTRO: I told everyone already,
I didn't see nothing. How could I?

I'm more interested in what you
might have heard, Mr Quantro.

Nothing. I didn't hear nothing.

Was there a
disturbance on the wing?

I didn't hear nothing.

Well, what time
did the alarm start?

I don't remember.

What time was Mr Settle found?

I think it was at slop-out.

- DEED: What did you make of Quantro?
- Oh, he seems very dodgy, Judge.

Probably behaves
like that instinctively.

He was scared of Spearson.

Yeah. There's something going on
between Mr Spearson and the others,

and the Assistant
Governor, Baggs.

Well, he won't stand up to
anyone, especially not Spearson.

Get me the prison
manifest for August the 9th,

let's find out exactly
who was in residence.

The Prison Service will make
a song and dance about that.

Fine, insist.

And tell them I want the tapes from the
camera covering that corridor, as well.

Ooh, this will be fun.

Why does Deed want the manifests?
He's not conducting an inquiry.

Well, he can't have them.

Speak to Ian Rochester,
get him to talk to him.

My lord, you had an
open and shut case.

There is not a shadow of doubt
that this man did this killing.

No, what concerns me is
how he came to be in a position

to do the killing
in the first place.

As bad as the system is, we
cannot have anarchy, or worse.

- Or worse, my lord?
- Yes.

Premeditation masquerading as
anarchy. I will have those manifests.

And whatever the camera recorded
on that wing, if indeed anything.

Judge, the Prison Service say the
tape from the night of August the 9th

was misplaced after the inquiry.

(SIGHS) Well,
that's dilatory at best.

At worst, they could be
covering something up.

- Well, like what?
- Well, if they're not,

why don't they just
hand over the record?

They won't like their
authority undermined.

The Prison Service
is a world of its own.

Keep pressing them, Coop.

You're not giving evidence
to ascertain guilt or innocence,

you've already pleaded guilty.

So...

So, I get a light sentence?

No, because you are in fact
guilty. Now, let's hear your story.

With your leave, my lord, would
you hear an application for Mrs Settle

to return to court to
hear this examination?

You know what she has to do.

Mrs Settle just wants the truth.

Yes, yes, yes, don't we all.

She must apologise to the court and
give an undertaking not to interrupt again.

Of course.

What did you feel when Mr
Settle was put in your cell?

Nothing, really.

I didn't want him there.
They knew I didn't want him.

How did Mr Settle react?

Well, he didn't do nothing at first.
He said, did I want a bit of crack?

- Crack cocaine?
- Yeah, plenty.

What was your response?

I called him a black scallywag!

(PEOPLE MURMURING)

(CHUCKLES)

Try not to do any, not since
my mum and brother OD'd.

I asked Mr Spearson. He
helped me stay clean, he did.

He didn't give up on me.

What happened next?

(BRADWELL CHUCKLES)

Black was scared.
He thought I'd pop him.

That's why he offered me some.

He kept having a go.

Said I was scared to try some.

Did he show you his drugs?

No, I didn't want none.

So you don't actually
know that he had any drugs?

It could have been a wind-up so
I'd pop him and he'd get moved.

What happened when you
didn't respond to his drug offer?

He kept having a go.

Saying I couldn't do nothing
without Mr Spearson about me.

He kept saying, what,
was I weak or something?

I wasn't scared of him!

Ask Mr Spearson.

He said to me, "You're not
scared of no one on Earth."

Did you attack Mr Settle?

Yeah, I told you, when
he kept having a...

JO: When did you attack him?

Just after lights out.

Maybe an hour, or even two.

I knew he was going to attack
me, right? They told me he was.

But I was waiting,
scrunched up like a spring.

(EXCLAIMS)

Right? I kicked him.
Right in the head!

Well, he was hard. He
knew how to use himself.

Got me around the throat.

They warned me about that.

Know he'd done a
few with throat-holds.

I done him in the
back with me blade.

I could hear the air coming out.

It was like a tyre going down.

JO: Thank you, Mr Bradwell.

Mr Mason Allen.

Mr Bradwell, you have pleaded
guilty to manslaughter, haven't you?

Haven't you?

So you accept, if you
were defending yourself,

the force used was not
reasonable but excessive,

wasn't it?

Furthermore, if it was
your own knife you used,

how do you claim this
was self-defence at all?

You planned to kill Mr Settle at
the first opportunity, didn't you?

Hmm? Hmm?

Seized your opportunity and then made
up the story about the drugs, didn't you?

There were no drugs, were there?

Mr Settle wasn't even a
known drug user, was he?

In fact, he was known as
the choirboy, wasn't he?

Wasn't he?

Mr Bradwell, who was it that told
you to watch out for Mr Settle's attack?

Mr Spearson.

(PEOPLE MURMURING)

He warned me he
was coming. The jig...

You knew he was coming?

SPEARSON: Of course
you didn't, you didn't know.

Mr Spearson, you've
given your evidence.

Who told you that you would
be getting Paul Settle in your cell?

- Mr Spearson did.
- It's a lie, sir, he's mental.

- DEED: Mr Spearson...
- He is, sir!

You did. Mr Spearson...

- Calm down, son!
- You said!

Be quiet!

It's a trial, not a chat
show. Bradwell, look at me.

Why would Mr Spearson warn you that
you were getting Paul Settle in your cell?

'Cause he knew I hated drug
dealers. Especially black ones.

- Paul wouldn't touch drugs!
- Amen.

DEED: I think we're a
long way from the truth here,

but I will get somewhere close.

Mr Bradwell, having
killed Paul Settle,

either because he provoked
you or because of self-defence,

why did you then
proceed to eat him?

Tell the truth, Ben.

Mr Spearson, don't you see enough of
the inside of a cell in your work? Shut up.

Mr Bradwell?

Mr Spearson's always helped me.

He got me straight.

I owe him.

DEED: That's not
what I asked you.

Having killed Paul Settle,

why did you decide to eat him?

(DEED SIGHING)

Take him back to the dock.

Is the principal defence
psychiatrist in court?

The prisoner is a
delusional schizophrenic.

At times, he functions
quite rationally.

Is there a history to restate?

Not one we penetrated.

Other than he was
badly abused as a child,

then again in
various institutions.

Did his mother and brother
die of drug overdoses?

Yes.

Mr Bradwell injected them with
the drug, thinking it was cut heroin.

In fact, it was uncut.

He was 11 at the time.

He spent the next three days trying
to revive them before he was found.

Doctor, in the time you
spent with Mr Bradwell,

did you form an opinion as to whether
he was capable of telling the truth?

Very little credence should
be given to anything he says,

unless forensically proven.

Thank you, Doctor. Mr
Mason Allen? Thank you.

Doctor, is he capable of
understanding right and wrong?

He has a moral code. It's just
a bit off-kilter for the rest of us.

Example?

All non-Aryan races are inferior,
so it's acceptable to attack them.

Did he understand what he was
doing at the time of the offence?

Not in my opinion.

Thank you, Doctor.

Thank you, Doctor, you can step
down. You may remain in court if you wish.

Mrs Settle, would you be
prepared to give evidence under oath

about your son's possible
involvement with drugs?

Mrs Settle, I've taken this
unusual step in order to explore

whether Paul, your son,
was involved with drugs.

It's a lie. He wasn't.

Neither selling nor taking?

No, not Paul. He despised drugs.

Because you see, that
wasn't Mr Bradwell's evidence.

This is one big conspiracy.
He was put up to it.

- DEED: What would be the object?
- I don't know.

The racists in the Prison
Service are the real culprits.

It's clear the internal
inquiry was unsatisfactory.

He knew Paul was
being put into his cell.

If we believe him
over that statement,

why not when he said
that Paul was selling drugs?

Paul wouldn't, he just wouldn't.

Or we could accept Dr
Murray-West's point of view,

which is that Bradwell is
a delusional schizophrenic

and that nothing he
says is to be believed.

That might be the conclusion.

Which neatly lets
the Prison Service off.

Mr De Mel, I am
being fair to your client,

and you have absolutely
no place in this hearing.

Well, I can find no evidence of
Paul Settle's involvement with drugs,

so I won't be pursuing
this point any further,

nor, Mrs Mills, will I hold this
point against the defendant.

Mrs Settle would like to make
an application for a judicial review.

Twice the Attorney General has
refused her a private prosecution

against the Prison Officers
on duty when Paul was killed.

She must make an
application in the proper way.

She has, but can't get anywhere.

You said you wanted
to be fair to Mrs Settle,

we won't get a better chance.

I am sitting in the
Crown Court, Mr De Mel,

as I'm sure even
you have noticed.

And even if you were
granted judicial review,

you would still be up
against the Attorney General.

They're scared of the truth!

Well, a judicial review is unlikely
to reveal that, in any event.

Bradwell said he knew that
they were putting Paul into his cell.

Mrs Settle, I am trying the basis of a
manslaughter plea in a criminal court.

Now, I will explain to you
how to apply for judicial review

and I will help you
try to get it if I can,

but your evidence will
have to be compelling.

There's no doubt that this
mother's been given the run-around

by the Attorney, Monty.

- On behalf of the Home Office?
- Yeah, wouldn't be surprised.

Send her my way, John, I'll get
my clerk to fast-track her hearing.

You do know what you're
bringing down on your head?

I have long since lost any
expectation of becoming a law lord.

(CHUCKLES)

I can't guarantee she'll
get what she wants.

I'm not sure that
anything will fully satisfy.

He is opening such
a can of worms, Jo.

What do you know, Newman?

Jo?

Marc?

I'll see you in court.

(CHUCKLING)

- It's so good to see you.
- Marc, what are you doing here?

Well, I told you,
applying for a job.

Well, you didn't tell me you
were coming over so soon.

Well, I start next week.

Head of the Thoracic
Department, St James.

- St James's, Brighton?
- Yes, I rented a house.

(CLEARING THROAT) Boys
are off to boarding school.

And Michael? Not South Africa?

No, no, of course not. No, here.

(SIGHS)

(BOTH CHUCKLE)

Why didn't you tell
me you were coming?

Well, I didn't want your
reaction to be part of my decision.

Oh.

No, no, I didn't
mean it like that.

Look, if I told you, said I
want you to be part of my life,

I may have decided not to
come back if you had said no.

What if I would have said yes?

I might have made the
wrong decision for the boys.

Did you make the right
decision for everyone?

Absolutely.

You look wonderful.
Good to see you again.

Do you want to go
and get some tea?

(CHUCKLING) My palms
are sweating, so nervous.

- I can't believe you're here.
- Hmm.

Home Secretary.

Deed seems determined to get
this woman her private prosecution.

Ultimately, it's for
the Attorney General.

With the bad press all the way.

The Deputy Prime Minister
sends his apologies, Sir Alan.

He's delayed in
a public inquiry.

Thank you, Mrs Fox. I'm sure
we can manage without him.

Perhaps the way
to thwart them, Neil,

is for me to allow the
private prosecution.

Let the CPS take it over

and find there's insufficient
evidence to proceed.

Always assuming
that's the case, of course.

And if there is evidence, Alan?

The Prison Service gets
dirt chucked at it either way.

Deed won't step away from this.

Deed is a treacherous renegade.

Perhaps you should
agree to a public inquiry.

Neither you, the Director of the Prison
Service or the Cabinet would want that.

The solution is certainly far worse
than the problem and very costly.

Deed won't care about that.

He feels all of government and
its offices should function openly.

Then it's about time someone
taught him the facts of life about prison.

With the ever-increasing
tide of blacks in our prison,

we need to divide
and manage them!

- Then we're at Deed's mercy.
- No!

Find a way to stop him.

You've asked Mr Justice
Everard to hear a judicial review

of the Attorney's refusal to allow a
private prosecution of prison officers.

Should it succeed, the prisons
could become unmanageable.

No, should it succeed and the prison
officers are successfully prosecuted,

the management of the prisons

would have to be urgently
reviewed, wouldn't it?

Have you talked
to Monty Everard?

He said the process is in
train, he refuses to budge.

Well, then, fine. Justice
will be done, won't it?

The Home Secretary has no
solution for the problems in prisons.

Well, then, why is he so
intent on putting people in prison

instead of looking
for alternatives?

He's answerable to
a volatile electorate.

The sad fact is, John,
there is no solution.

Well, if things are as bad
as you say they are, Ian,

and I don't think for one moment

that you would argue
this frivolously or lightly,

then we must tear
down the entire edifice.

- And replace it with what?
- Well, as long as we keep on

shoring it up and
pretending it's all right,

nothing's ever going
to improve, is it?

Meanwhile, what would you have
done with the likes of Bradwell?

I know. I can't believe that
all those currently in prison

are as wayward as Bradwell.

Maybe it's time we started to
look at who we're putting inside.

How he ever got Monty
Everard to entertain this rubbish!

(SIGHS) Well, there must
be some way to stop it?

(SCOFFS) You are the
Home Secretary, after all.

(CHUCKLES) Yeah, kill Deed.

He seems hell-bent in
wanting to help this woman

achieve a private prosecution.

If that happens, I may as well
hand the prisons over to him as well.

Neil, why don't you offer
him something he wants?

Why would loverboy offer me
the prison manifests, George?

Have they been doctored?

- Oh, he assures me they haven't.
- Hmm.

He wants something in return.

This judicial review of
the Attorney's decision

not to allow the private
prosecution is misconceived.

He wants you to make
that clear to Monty Everard.

Why are you offering me this?

'Cause even if she
was granted the review,

it's still not binding
on the Attorney.

Mrs Settle would go
straight to the media.

The political fallout
would be enormous.

Have you got the prison
manifests with you?

The evidence from prison staff

was that the prison in general,
and A-wing in particular,

was up to capacity.

But according to this manifest,
there were 13 places overall spare,

and three on A-wing.

Yeah. What does
that mean, Judge?

Well, it could mean that Settle was
put in Bradwell's cell for a purpose.

What purpose?

When we find that out, we
might find out why he died.

(SIGHING) It won't bring
him back, though, Judge.

That's all you feel
his mother wants.

It's like she's hammering
away at the reason

to try and avoid coming to
terms with the fact that he's dead.

(COOPER SIGHING)

It must be very
hard for a mother.

Yeah, it is.

Contact Mrs Channing,
tell her the deal's off

if I don't get the tape
from that camera.

She'll know what you mean.

See now, according to Spearson,

Stevie Quantro was in
the cell next to Bradwell.

(CHUCKLES) Yes,
Judge, you interviewed him.

Yes. But this manifest
suggests otherwise.

It says that it was
somebody called Barry Page.

Inform the Prison Service I want
Barry Page as my next witness in court.

Okay. Um, Judge, you were left a
message from Sir Joseph Channing's clerk.

She wondered if it was
convenient for you to meet today

to review Michael Gilliat in
the drink-driving sentence.

Is there time?

That all depends how long the Prison
Service takes to produce Barry Page.

They'd better produce him
pretty quickly then, haven't they?

Okay.

- Jo Mills.
- Jo, it's me. How are you?

Prettygood.

Good. Look, something's
come up in the Bradwell case.

Do you fancy a walk with Mimi?

I have some things to do.

DEED: All things being equal, you
could be back in court in 10 minutes.

(SCOFFS) There's a
lot I can do in 10 minutes.

Any of them with me?

I'll see you on the green.

Good.

Something happen, Jo?

I thought we were
talking about Bradwell.

Yeah, well, I want to talk
about us. I never see you.

- You've seen me in court.
- Oh, yes, I have.

John...

Are you going to honour
your deal with Neil Haughton?

We have dinner.

John, I'm very confused.

Yeah, well, now
that makes two of us.

I'm sorry.

(DEED SIGHS)

I trust we've all come to a
conclusion in the fate of Michael Gilliat?

Five years, my dear?

It's an appropriate
sentence for this offence.

With a 10-year
consecutive driving ban.

He must be banned from driving.

Well, it might be an appropriate
sentence, but is it radical?

Why not look for some
alternative to prison?

Hardly appropriate. I mean, there has
to be some sort of custodial sentence.

In view of the
problems in the prisons,

I'm beginning to think that
some alternative is needed.

So what are the alternatives?

Fifty-day community
punishment order?

Community service in a
trauma ward might be good.

- I was joking, John.
- Yeah, well.

You can't joke with John.

No, I'm with Joe. It
has to be custodial.

But I will concede
to four years.

All right, let's give him four
years community service.

Four year... 240
hours is the maximum.

- Yeah, I know, so let's change it.
- It's in statute, John, we can't.

Let's risk it.

It's worth a test.

It's not going to reassure
the dead boy's parents

that we have some
concern for his life!

Let's try to make some
kind of imaginative leap.

Why not suggest that he
meets the victim's parents

and seek some
sort of reconciliation?

The parents of the
dead boy might consent.

Provided we stop Gilliat from
getting behind the wheel of a car

for a very long time.

These judges are getting
more and more ludicrous, Ian.

They're now trying to make a
mockery of criminal justice policy.

It might ease the burden
on prisons if it catches on.

I want wrong-doers
where they belong.

Gilliat drove while drunk
and killed a young man.

This is Deed intent on embarrassing
the Home Office yet again.

We took the minds of some
of the other High Court judges,

some thought the
move innovative.

They'd better enjoy their
freedom while they may.

My new criminal justice bill
will create a statutory sentence

for every offence.

The prisoner Barry Page has just been
brought from drug rehab in Durham Jail.

How long has he been there?

Since Paul Settle's death.

Did he give evidence to
the internal inquiry or not?

Because he's not on this list.

- Did they resist?
- No.

The prison officers who brought
him say he's a bit of a hard nut,

hasn't got a good word
to say about anybody.

(LAUGHS) Least of all judges.

Well, we'll find out, won't we?

I know what will
happen if I start talking.

I'm kicked off rehab
back onto the wings.

Is rehab a reward
for not talking?

I didn't see nothing.
I didn't hear nothing.

Prison regimes, Mr Page, depend
upon the attitude of the inmates.

The harder you are,
the harder it becomes.

Yeah. I still
didn't see nothing.

You were in the cell
next to the defendant.

Did you hear them arguing on
the night that Paul Settle was killed?

I could guarantee that your place
on rehab was sacrosanct, you know.

- Yeah?
- Mmm.

How are you going to do
that? Be in the unit with me?

I have the authority.

Even if I did hear anything, I
wouldn't say it with screws here.

Okay. Messrs Baggs, Elkington, Faker
and Spearson. Remove yourselves.

(LAUGHS) Imagine having
the power of a judge, eh, Ben?

Well, Mr Page?

Nah.

I didn't hear no row.

Rehab for you seems to be a waste
of tax-payers' money, doesn't it?

Take him back to the cells.

Yeah, all right. You
get what you want!

But I know what I'll get
when I get back inside!

No one will harm you.

How are you gonna
stop it? Be there with me?

Take him to the cells.

I heard the row.

(PEOPLE MURMURING)

The whole wing heard it.

Okay, come back.

What was it about?

Well, nutty there didn't
exactly like blacks.

I mean, look at him.

Yeah? You next.

Be quiet!

So, was the row about race?

Not what I heard.

It was about the
usual. Stuff going down.

It's the only thing that
makes your time bearable.

Putting your head
somewhere else.

They were fighting about drugs?

That's all it's ever about.

We don't want to be two'd with a
schwartzer unless he's got some gear

and the choirboy
always had plenty.

- He controlled the supply.
- That's a lie.

Well, mother, if it is, then it
isn't doing me much good.

With your boy gone, life just got
that wee bit harder for everyone.

We all wanted to be in rehab
then. I got there soon after.

- Paul wouldn't!
- Mrs Settle, be silent or be removed.

In what way was the dead
man involved with drugs?

He was Mr I'm-gonna-make-you-happy.
If you had the means, he had the gear.

That's not true!

- Usher, remove Mrs Settle.
- This is entirely racially prejudicial.

Mr De Mel, too!

I'm a strung-out,
who's HIV positive,

10 years still to do and
not too many prospects.

No one exactly wrote me a
note, but I know what's going on.

There's nothing else,

apart from the gear, the
TV, talk to the prisoners.

Mr Spearson, PO.
He hated the choirboy.

Well, he was black, for one
thing, and he was getting out.

Getting away clean. See,
the choirboy controlled it,

but didn't use it. That's
what he hated most.

Mr Spearson, his son
died on a crack floor.

(PEOPLE MURMURING)

He hated Settle
getting away clean.

Did you know this, Mrs Mills?

No, my lord.

That's what Mr Spearson had
in common with nutty boy there.

They both lost someone to
drugs. He was able to use him.

Come on, Buzz.

You know the score.

Mr Spearson got me straight.

Yeah, Ben? How come
he couldn't get me straight?

And all the other heads he
wants supplied for a quiet life?

(PEOPLE MURMURING)

You're claiming that
the Principal Officer

was part of the drug culture?

You can't get that much
dope inside unless they are.

He wanted control to go with his
man. The choirboy was having none of it.

What time did the fight start?

About an hour and 10
minutes after shutdown.

He brought the
choirboy to nutty's cell.

I had nothing else
to do but watch time

and sweat about getting
something the next day.

Paulie was shouting at
them to read the book.

"I can't go in with
him. Read the book!"

That's what's written about him.

But little screw
Elkington just said,

"It's time you learnt
some proper manners."

DEED: He was reminded
about Bradwell's record?

Choirboy told him.

Judge, the missing tape from the
CCTV camera in the prison just arrived.

Anything on it?

Oh, yes, Judge.

Thank you, Mr Page. I'm
adjourning for a short time.

There will be more questions.

Perhaps counsel would
see me in chambers.

USHER: All rise.

The internal inquiry
didn't see this.

Time is 2:49.

The pathologist suggests that
Paul Settle is dead at this point,

but not eaten.

That doesn't put Spearson in
the time-frame for the killing, John.

No. Fast-forward a bit.

DEED: Nine minutes past three.

Spearson exits.

Now, doesn't it strike you as odd
that he doesn't raise the alarm?

Mr Spearson.

What was your duty
roster for the 24-hour period

covering the 9th of August?

I wasn't on duty
that night, sir.

I didn't ask you that.

I was on duty from 8am to 7pm.

Did you return to
the prison at any time

during the night of the 9th
or the morning of the 10th?

No.

Not till I was called and told that
Settle's body had been found, sir.

Then how do you account for the fact
that you were caught on the CCTV camera

in the small hours, going
into Mr Bradwell's cell?

(PEOPLE MURMURING)

It's not possible. I didn't.

DEED: Well, you're
mistaken, Mr Spearson.

There is no tape, sir.

Step down.

I'd like to question
Brian Elkington further.

Like I told the internal inquiry,
I don't look at the prisoners

until I make me rounds
just before slop-out.

You didn't check Mr Bradwell's
cell to see that Mr Settle was all right?

May have, I'm not sure.
There was a lot going on, sir.

When you looked in, Mr
Settle was alive and well?

Yes, he was fine.

He wasn't lying dead on the
floor, chewed by Bradwell?

(CHUCKLES) No, of course not.

This is your last chance to
tell the truth, Mr Elkington.

I am, sir. I am.

Usher.

DEED: The time on the
screen, Mr Elkington, is 2:29.

Four hours after shutdown.

(PEOPLE MURMURING)

I must have made a mistake.
Settle was definitely alive.

No, the pathologist said that he
died between 11:00 and 12:00.

By 2:29, he was certainly dead.

No. No, definitely not.

Mr Elkington, you are not
on trial for any crime here

and you are not obliged to answer
any questions that might incriminate you.

At the moment you might only
be guilty of dereliction of duty

for failing to report a death.

Okay.

I'll question Barry Page again.

He was dead!

(PEOPLE MURMURING)

I was too scared to go
into the cell with that nutter.

I told Mr Spearson!

He said he'd deal with it. I
mean, he was the Principal Officer.

He said he'd tell Mr Baggs,
the Assistant Governor.

I did my duty! I told the PO!

I would suggest that you urgently seek
the advice of a solicitor, Mr Elkington.

What time did the fight between
Mr Bradwell and Paul Settle end?

About 10 past 11. Only lasted
about three minutes at most.

I listened, but nothing
else happened.

Nutty boy there was laughing,
saying, "You're just so dumb, Amos."

Then it went silent.

Choirboy didn't say nothing.

DEED: Is that the last thing that
happened until the body was discovered?

No. About 10 to three, Mr Spearson
came and opened up the cell.

And how do you know who it was?

I recognised his voice.

First, I'd drifted off.
Then something woke me.

The sound of Ben Bradwell
crying, blubbering like a baby.

I couldn't hear what Mr
Spearson was saying.

But when I did, I
thought I was tripping.

Nutty there was
saying he wouldn't do it,

begging Mr Spearson
not to make him.

DEED: Make him do what?

(SCOFFS)

Mr Spearson was telling him to
bite chunks out of the choirboy.

(PEOPLE MURMURING)

Kept saying it
would get him off.

I definitely thought it was
some sort of nightmare.

I could hear nutty there,
choking, as Mr Spearson's saying,

"More, you coward. It was him
that killed your mum and brother."

It lasted about half an hour.

All the while he was choking.

Then Mr Spearson left.

After that, things went silent
until they found him next morning.

Mr Bradwell,

what did you feel when you bit into
the flesh of another human being?

(CHUCKLES)

It was horrible.

Like raw steak.

I had to bite really hard.

Mrs Mills, um...

do you have any
questions for this witness?

Mr Page, where was Assistant
Governor Baggs during all this?

He did as Mr Spearson said.

Didn't come up to the wing
until Mr Spearson told him to,

after the alarm went up.

Mr...

(SIGHS)

For the first time in my
career, my lord, I am lost

as to how I can be of
any further assistance.

(SIGHS) Then I'll adjourn and
consider my findings till morning.

USHER: All rise.

I don't want you talking to this judge. I
don't want you saying you were wrong.

The press will kill us.

They'll kill you, maybe. All
I ever wanted was the truth.

Me, too.

Mrs Settle asked if she
could have a word, Judge.

- With her mouthpiece?
- No, on her own.

Oh. All right.

See if you can catch counsel,
will you? Ask them to come along.

Mrs Mills, the judge...

I'm sorry, Coop, I've got
a terribly important date.

Mrs Settle.

I wanted to set the
record straight, sir.

It looks as if I was
lying to protect my son.

Mothers are inclined to...

I didn't know Paul was
involved with drugs, I swear.

It's not proven.

We only have the evidence of two
perhaps not-very-reliable witnesses.

They both said the same, sir.

Yes.

(EXHALES) Mrs Settle, would you consider
not pursuing your private prosecution?

There is more to Paul's
death than they're saying.

Yeah, possibly.

But you see, what's likely to
happen, should you succeed,

is that the CPS
will take it over.

Then they will decide that
there is insufficient evidence

to proceed against these men.

That's not right, sir.

They can't.

No, well, unfortunately,
we live under a legal system

that doesn't promote
individual freedoms,

individual
expressions of justice.

I just wanted justice for Paul.

They did kill my boy.

I'm just being practical.

I am sorry.

NEIL: Mrs Settle's backed
off her private prosecution.

GEORGE: (ON PHONE)
Oh. That's wonderful, darling.

Do you think Deed's accepted
the facts of life about our prisons?

Uh, he always was a pragmatist.

Yeah. Everything has its price.

(ANSWERING MACHINE)
Hello. This is Jo Mills.

Please leave a message
and I'll call you back. Thanks.

Um, Jo, it's me.

I thought you might want to hear
what I'm going to do with Bradwell, um...

I'll tell you in the morning.

Hey.

Oh. Come on in.

Where is he? Will
he let me hug him?

Michael?

(LAUGHS) I can't believe it.

You've grown, and
you look so... cool.

You didn't tell me
you were coming back.

It was a secret.

No. A surprise, Mikey. Well,
that's what his brothers call him.

Where are they?

Oh, term started. But our
school doesn't start until tomorrow.

Tomorrow? But then
I'll hardly see you.

Well, there'll always
be the holidays.

Well, Marc, does he have to
go? Can't he stay with me for a bit?

My term starts tomorrow.

(SIGHS) Jo, I'm sorry.

I've got to rip my department
apart and put it back together again

in record time, or else we
can lose a lot of funding.

Oh, well. At least
I've got tonight.

Judge! Judge!

The prisoner Barry Page is dead.

What? Oh. How? When?

He died of a massive
drugs overdose.

I promised him protection.

He was in the local prison.

He was the key witness. It
means they get away with it again.

USHER: All rise.

Having examined the evidence
and read all the psychiatric reports

on Mr Bradwell, I have
concluded as follows.

The appropriate way to
sentence this case is as one

in which the defendant was suffering
from such an abnormality of mind

as diminished his responsibility

for what would otherwise
have been murder.

Would you hear a plea
in mitigation, my lord?

Are you going to tell
me what a victim he is?

- There can be no doubt...
- No, no. I agree, Mrs Mills.

What would you
have me do with him?

Place him not back in prison,

but in a unit where he
might get some treatment.

Oh. Thank you.

I would like him to spend
the rest of his days in Africa,

looking after AIDS victims.

But that's not within my power

and I'm sure those poor, wretched
people are suffering enough already.

So, thank you, Mrs Mills.

- My lord...
- Thank you.

Mr Bradwell, I am not going to send
you back to prison. Do you understand?

(PEOPLE MURMURING)

Mr Spearson said
I'd get a result.

Yes, yes, yes. Sit down.

I am satisfied that
you are still mentally ill

and I propose, bearing in mind
the evidence of psychiatrists,

to order your detention
in a special hospital

with a further order
restricting your release.

Mrs Mills will explain
to you what this means.

Please remain where
you are for the moment.

Now, then.

Would Messrs Baggs, Elkington,
Faker and Spearson stand up?

You're probably aware by
now that Mrs Settle has decided

not to pursue her
private prosecution.

You will also know

that the main witness
against you is dead.

You've escaped justice once
through a dilatory internal prison inquiry.

It's not going to happen again.

Despite the death of Barry Page,

I'm sending a report to the
Director of Public Prosecutions,

urging him to revisit the
prosecution of each one of you

for aiding and abetting
the murder of Paul Settle,

for criminal conspiracy and for
perverting the course of justice.

There is a prima facie case
against each one of you.

Furthermore,

for their safety, I'm
going to recommend

that the Director General
of the Prison Services

moves all the prisoners
who were on A-block

at the time of
Paul Settle's death.

I want them placed
in a single unit.

I do not want a recurrence

of what happened to Barry Page.

Get out.

USHER: All rise.

Did you manage to contact
Mr and Mrs Foreman, Coop?

Yes, Judge. They didn't want to
meet with you, but they did agree to.

Good.

(CAR DOOR BEEPS)

John! Can I have a word?

Uh, I'm racing to a meeting in
London. Do you want to talk on the way?

No, there's someone I have
to see down here. It'll keep.

- Jo...
- I thought it was really positive,

what you did in court today.

Well, the Home
Secretary doesn't.

According to George, he thinks I'm
the most dangerous judge in the country.

- What a compliment.
- Yes.

A young man got
drunk, got into his car

and killed your 17-year-old son.

Then, on appeal, three judges who
had nothing to do with the original case,

replaced the original prison
sentence with a non-custodial one.

The Daily Mail described
you as "righteously angry".

You're disrespecting Peter's life.
You're putting so little value on it.

If we could deliver up
Michael Gilliat to you

to end his life,
would you do it?

No, of course not.

We've never supported capital
punishment, have we, Paul?

No, we just want
justice for Peter.

What sort of boy was Peter?

Oh...

Well, he wasn't funny
or clever, was he, Paul?

He was a bit awkward
at times, even clumsy.

But we loved him just the same.

He was very good at computers.
Well, that's how he met Kylie.

She was his
very first girlfriend.

Oh, he was so excited when
she said she'd go out with him.

He could barely get himself
dressed, could he, Paul?

My two colleagues
were not very keen

to remove the custodial
element from Mr Gilliat's sentence.

It was me that persuaded them.

In fairness, John, we
were prepared to reduce it.

Gilliat shouldn't have
got into a car drunk.

- He's a menace!
- Nobody disputes that,

or that he should never be
allowed to drive a car again.

But no matter how long
Gilliat spends in prison,

nothing is going to restore
your son to you, is it?

Well, what do you want us to do?

Forgive and forget?

Pretend that he
didn't kill Peter?

No, I don't want you to forget. I
don't want either of you to forget.

But I don't want
Gilliat to forget.

Forgive? Well...

(SIGHS) Forgiveness,
along with compassion,

is perhaps the greatest gift
that human beings can bestow.

I'm not saying that we
can do it lightly or easily,

but if we can find
it within ourselves

then, perhaps, it
can often set us free.

What Sir John is hoping is that

you'd agree to meet with Michael
Gilliat as a first step to reconciliation.

I can see no other way
to help you unburden

this terrible suffering
that you're carrying.

It's too much to bear.

If I could help you to bear
it, then I would, but I can't.

But perhaps Michael Gilliat can.