Original subtitles

(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.