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127-612: The murder of Sophie Lancaster occurred in England in August 2007. The victim and her boyfriend, Robert Maltby, were attacked by a group of teenage boys while walking through Stubbylee Park in Bacup, Rossendale, Lancashire , on 11 August 2007. As a result of the severe head injuries Lancaster sustained in the attack, she went into a coma from which she never regained consciousness, and died of her injuries thirteen days later. The police said

254-515: A memorial bench to her in Whitby . The bench was put in place on Whitby's West Cliff in January 2008. The "Sophie Award" has been established as an ongoing prize for innovative and experimental film-making at Bacup Film Festival. Lancaster's public funeral was organised for 12 November 2007, and attended by hundreds of people, including BBC film crews. On 25 November 2007, Lancaster's friends held

381-676: A temperate maritime climate , like much of the British Isles , with relatively cool summers, yet harsh winters. There is regular but generally light precipitation throughout the year. The town's parish church is dedicated to Saint John the Evangelist . Aside from just this church, Bacup has many other churches. The majority of Bacup's culturally significant architecture is in the Victorian period , but there are older buildings of note are Fearns Hall (1696), Forest House (1815) and

508-427: A 17-year-old boy from Bacup . On 18 October at Burnley Youth Court, all five were summoned to appear at Preston Crown Court . A preliminary hearing was held on 31 October 2007, where all five were charged with the murder of Lancaster and grievous bodily harm with intent for the assault on Maltby. A further plea and case management hearing was ordered by Judge Anthony Russell QC for 14 December. The judge also indicated

635-580: A 4-minute animation named Dark Angel , based on the murder, was released onto the internet and shown on MTV . The film was also projected onto a screen in the Cathedral Gardens in Manchester. In July 2010, the book Weirdo Mosher Freak by journalist Catherine Smyth was published about the murder. On 11 March 2011, BBC Radio 4 broadcast the play Black Roses: The Killing of Sophie Lancaster , consisting of poems by Simon Armitage telling

762-470: A charged person is held because of concern of possible escape or of a continuation of criminal activity. Bail cannot be considered where there is a concern of influencing witnesses or otherwise frustrating the proceedings. Bail is also excluded in case of 31 specified serious crimes (e.g. murder, grievous bodily harm , rape, robbery, public endangerment, etc.) when the person is held due to concern of continuation of criminal activity. Bail may be posted either by

889-561: A constitutional right to bail, in Canada the accused may be denied bail because the public confidence in the administration of justice may be disturbed by letting the individual go free pending the completion of the trial or passing of sentence ( Criminal Code , s. 515 (10)(c)). Sureties and deposits can be imposed, but are optional. Instead of remand, a court in the Czech Republic may decide to accept: Bail can be considered when

1016-546: A crime could only be refused bail if they were likely to flee or to interfere with witnesses or evidence. The Sixteenth Amendment of the Constitution of Ireland , approved by referendum in 1996, provided that a court could refuse bail to a suspect where it feared that while at liberty they would commit a serious criminal offence. The Bail Act 1997 was passed by the Oireachtas the following year, and it governs bail in

1143-433: A criminal prosecution. As in other Commonwealth nations , people charged with a criminal offence in Canada have a prima facie right to reasonable bail (known in Canada as 'judicial interim release') unless there is some compelling reason to deny it. These reasons can be related to the accused's likelihood to skip bail, or to public danger resulting from the accused being at large. Unlike many other jurisdictions granting

1270-693: A custom of blackening their faces. The origin of the troupe is claimed to have its roots in Moorish , pagan, medieval, mining and Cornish customs. The Easter Saturday procession begins annually at the Traveller's Rest Public House on the A671 road . The dancers are accompanied by members of Stacksteads Silver Band and proceed to dance their way through the streets. Bacup Museum is local history hub and exhibition centre in Bacup. The Bacup Natural History Society

1397-526: A debate in the Commons to call for the widening of the law to include such an attack under the definition of a hate crime as soon as possible". The paper reported that they would be "putting forward an early day motion calling on the government to give the matter 'urgent consideration'." In May 2009, the Justice Minister , Jack Straw , said that while he could not change the law, he could amend

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1524-400: A defendant may be summoned to court without the need for bail, or may be released on recognizance (promising to appear in court, with no bail required) following arraignment . For serious crimes, or for suspects who are deemed likely to fail to turn up in court, they may be remanded (detained) while awaiting trial. A suspect is given bail in cases where remand is not justified but there is

1651-508: A defendant. However, there is an exception when the charges are especially serious, such as drug trafficking, family violence or murder. In such cases, there is no entitlement to bail, and it must be argued as to what circumstances exist that justify a grant of bail. In Victoria, bail may be refused to a defendant who faces a more serious charge unless the defendant demonstrates compelling reasons why bail should be granted. Compelling reasons may generally be established by demonstrating that jail

1778-429: A deposit, but other forms of pre-trial release are permitted; this varies by state. Many states have a "bail schedule" that lists the recommended bail amount for a given criminal charge. At the first court appearance (the arraignment ), the judge can set the bail at the amount listed on the schedule or at a different amount based on the specific facts of the crime and the person accused. A common criticism of bail in

1905-491: A game during the concert with all the takings going to the memorial fund; this included a song written in Lancaster's honour. Lancaster's family and friends set up a website in her memory and have decided to use the contributions from wellwishers and these events to set up a special fund to be known as "S.O.P.H.I.E". Standing for "Stamp Out Prejudice Hatred and Intolerance Everywhere", it aims to "provide an appropriate memorial;

2032-453: A lasting legacy to raise awareness of the injustice perpetrated against Sophie Lancaster and to work towards a more tolerant, less violent society". Lancaster's mother said: "it will also help fund group sessions with young people to teach them about alternative cultures and to respect everyone". A special black ribbon was being sold to support the fund available at the many events being held across Rossendale and in local shops. Lancaster's memory

2159-407: A legitimate reason for so doing, to obtain food. You have none and your behaviour on that night degrades humanity itself." The three other defendants were also sentenced for their role in the attack. Brothers Joseph and Danny Hulme, and Daniel Mallett, who had all earlier pleaded guilty to grievous bodily harm with intent on Maltby, were jailed. Mallett was sentenced to four years and four months, and

2286-404: A mayor, aldermen and councillors to oversee local affairs. In 1974, Bacup became part of the borough of Rossendale. Bacup's historic character, culture and festivities have encouraged the town to be seen as one of the best preserved mill towns in England. English Heritage has proclaimed Bacup town centre as a designated protected area for its special architectural qualities. The name Bacup

2413-408: A memorial concert to "commemorate Sophie's uniqueness", featuring her favourite local bands, the night before what would have been Lancaster's 21st birthday, at St Mary's Chambers, Rawtenstall ; the concert was covered by Granada Television . A repeat event was planned for 26 November 2008, headlined by The Damned and AOR featuring Dave Sharp , founder member of The Alarm . On 13 January 2009, it

2540-451: A mobile phone to call for emergency services saying: "We need... we need an ambulance at Bacup Park, this mosher has just been banged because he's a mosher." The Guardian reported that afterwards, "The killers celebrated their attack on the goths – or 'moshers' – by telling friends afterwards that they had 'done summat [something] good', and claiming: 'There's two moshers nearly dead up Bacup park – you wanna see them – they're

2667-475: A need to provide an incentive for the suspect to appear in court. Bail amounts may vary depending on the type and severity of crime the suspect is accused of; practices for determining bail amounts vary. In the United States , it is common for bail to be a cash (or other property) deposit. Cash bail in other countries is more limited. Known as a bail bond or cash bail, an amount of money is posted so that

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2794-673: A new relationship and planned to move abroad to further his artistic ambitions. Bacup, Rossendale, Lancashire Bacup ( / ˈ b eɪ k ə p / BAY -kəp , / ˈ b eɪ k ʊ p / ) is a town in the Rossendale Borough in Lancashire , England, in the South Pennines close to Lancashire's boundaries with West Yorkshire and Greater Manchester . The town is in the Rossendale Valley and

2921-455: A new vision for Bacup, aiming to capitalise on the gains made through the THI scheme whilst redeveloping aspects of the town to make it fit for a high-street model less reliant on retail and more suited to the needs of visitors and local residents alike. In order to realise the scheme, the council considered multiple bid options and the Bacup 2040 Vision was used as the basis of its bid for a share of

3048-554: A person could be bailed when accused of these crimes on application of the Lord Advocate or by a decision of the High Court itself. The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 reintroduced restrictions on the granting of bail by requiring exceptional circumstances to be shown when a person is accused of a violent, sexual or drugs offence, and they have a prior conviction for a similar offence. In Scotland,

3175-607: A prisoner coming to court. They promise to pay a sum of money to the court if the prisoner does not appear as agreed; however, commercial bail bonding as in the U.S. is illegal. There are three kinds of bail: In People (AG) v O'Callaghan (1966), the Irish Supreme Court had ruled that the provisions of Article 40.4 of the Irish Constitution , which guarantees personal liberty and the principle of habeas corpus , meant that an individual charged with

3302-400: A provisional trial date, on both allegations, of 10 March 2008. At the hearing on 14 December 2007, the five accused pleaded not guilty on both charges. At the beginning of the trial on 10 March 2008, all five boys pleaded guilty to the charge of grievous bodily harm with intent, Ryan Herbert pleaded guilty to murder, Brendan Harris pleaded not guilty to murder, while the murder charges against

3429-570: A rallying cry for those in the goth scene worried about this upsurge of violence." This discussion of the case led to an online petition to the Prime Minister "to Widen the definition of 'Hate Crime', to include crimes committed against a person or persons, on the basis of their appearance or subcultural interests" on the 10 Downing Street website. Ade Varney, creator of the petition, said that goths "get verbal assaults every day, and not just from young people. But now younger teenagers have

3556-405: A reduction of nine months after the appeal judges ruled not enough allowance had been made for his guilty plea in the initial trial. Herbert then had his tariff cut to fourteen and a half years on 10 February 2020, as a High Court judge concluded he had made "exceptional progress" in prison. Brendan Harris and the three other defendants had their appeals dismissed. The park where the attack occurred

3683-428: A right mess. ' " Police said that it was "a sustained attack during the course of which the pair received serious head injuries and their faces were so swollen we could not ascertain which one was female and which one was male". Both were hospitalised as a result of the attack, initially at Rochdale Infirmary . Maltby's injuries left him in a coma and with internal bleeding. He gradually recovered, but had lost memory of

3810-458: A section of the culvert in the centre of the town however the culvert was eventually replaced with concrete. Bacup is roughly 1,000 feet (305 m) above sea level ; the Deerplay area of Weir is 1,350 feet (411 m) above sea level; Bacup town centre is 835 feet (255 m) above sea level. Bacup is surrounded by open moor and grassland on all sides with the exception of Stacksteads at

3937-419: A treasure trove of local produce, crafts and a varied array of food and drink – where market days and events will come to life - and where visitors will be encouraged to relax and enjoy the surroundings, both during the day and into the evening. The upper floor will introduce a cycle hub and makers’ spaces, championing creativity and discovery." Lying within the historic county boundaries of Lancashire since

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4064-522: A tribute to Sophie Lancaster and her mum Sylvia Lancaster. The attack was discussed in the media in connection with a wave of youth gang -related violence in the UK over the summer of 2007, including the murder of Liverpool schoolboy Rhys Jones . Then Conservative leader David Cameron mentioned the attack as an example in a "speech criticising youth crime and Britain's 'real and growing' problem with violence". Since then, coverage has mainly been restricted to

4191-663: A village to the north of Bacup. From the medieval period in this area, the River Irwell separated the ancient parishes of Whalley and Rochdale (in the hundreds of Blackburn and Salford respectively). The settlement developed mainly in the Whalley township of Newchurch but extending into Rochdale's Spotland . The geology and topography of the village lent itself to urbanisation and domestic industries; primitive weavers' cottages , coal pits and stone quarries were propelled by Bacup's natural supply of water power in

4318-522: Is a foreign national. The Code of Criminal Procedure, 1973 does not define bail, although the terms bailable offence and non-bailable offence have been defined in section 2(a) of the Code. A Bailable offence is defined as an offence which is shown as bailable in the First Schedule of the Code or which is made bailable by any other law, and non-bailable offence means any other offence. A person who

4445-471: Is a great trust exercisable, not casually but judicially, with lively concern for the cost to the individual and community. To glamorize impressionistic orders as discretionary may, on occasions, make a litigation gamble decisive of a fundamental right. After all, the personal liberty of an accused or convict is fundamental, suffering lawful eclipse only in terms of procedure established by law. The courts have also held that foreign nationals cannot be deprived of

4572-425: Is an unlikely outcome for the charge, or that bail conditions can be imposed that make re-offending unlikely. In cases where a defendant is charged with murder, terrorism or offending with a moderately serious charge while on bail, to become eligible for bail the defendant must prove exceptional circumstances. Exceptional circumstances are difficult to demonstrate, but may arise as a consequence of significant delay in

4699-414: Is arrested for a 'bailable' offence may secure bail at the police station, while those who fail to secure police bail and those arrested for non-bailable offences have to secure bail in court. Sections 436 to 450 set out the provisions for the grant of bail and bonds in criminal cases. The amount of security that is to be paid by the accused to secure his release has not been mentioned in the code. Thus, it

4826-548: Is derived from the Old English fūlbæchop . The Oxford Dictionary of British Place Names translates this as "muddy valley by a ridge"; the fūl- element, which meant "foul" or "muddy" was used in the earliest known reference to the area, in a charter by Robert de Lacey, around the year 1200, as used in the Middle English spelling fulebachope . The prefix ful- was dropped from the toponym. The -bæchop element

4953-581: Is left to the discretion of the court to put a monetary cap on the bond. The Supreme Court of India has delivered several cases wherein it has reiterated that the basic rule is – bail and not jail. One such instance came in State of Rajasthan, Jaipur v. Balchand alias Baliay which the Supreme Court decided on 20 September 1977, and held that the basic rule is bail, not jail, except where there are circumstances suggestive of fleeing from justice or thwarting

5080-686: Is less clear, possibly meaning "ridge valley", or else "back valley" referring to the locale's position at the back part of the Irwell Valley . Bacup and its hinterland has provided archeological evidence of human activity in the area during the Neolithic . Anglo-Saxons settled in the Early Middle Ages . It has been claimed that in the 10th century the Anglo-Saxons battled against Gaels and Norsemen at Broadclough ,

5207-425: Is mentioned in passing in § 71, part 3, of the constitution of Denmark . Anyone who is arrested must be put before a judge within 24 hours. If the arrestee cannot immediately be released, the judge must issue a decision, accompanied by grounds, as soon as possible and at the latest within three days, as to whether he is to be jailed, and, if he may be released against guaranty , determine the kind and size hereof. In

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5334-483: Is partly filmed in Bacup. Bail In other countries, such as the United Kingdom , bail is more likely to consist of a set of restrictions that the suspect will have to abide by for a set period of time. Under this usage, bail can be given both before and after charge. Bail offered before charge is known as pre-charge or police bail, to secure the suspect's release under investigation. For minor crimes,

5461-593: Is regulated primarily by the Bail Act 1976 and the Police and Criminal Evidence Act 1984 , both of which have been heavily amended by later legislation such as the Policing and Crime Act 2017 . The Bail Act 1976 was enacted with the aims of creating more conditions by which defendants could be denied bail and also redefining the parameters of fulfilling bail. The Bail Act also nullified the recognizance system, removing

5588-484: Is released on bail under sub-section (1). However, for that, the Court has the power to impose any condition which it considers necessary. Some conditions that the court may place while granting bail are to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or to ensure that such person shall not commit an offence similar to the offence of which they are accused or of

5715-532: The Crown Prosecution Service charged all five boys with her murder. By 5 October 2007, after questioning more than 100 people, the police concluded that they were not expecting to make any more arrests in the case, and although 15–20 people were in the park at some point during the night of the attack, they believed that many were not directly involved, as the area was a regular night time hangout spot for teenagers. Local residents identified

5842-536: The Great Depression and the ensuing deindustrialisation of the United Kingdom largely eliminated Bacup's textile processing sector and economic prosperity. Bacup followed the regional and national trend of deindustrialisation during the early and mid-20th century; a process exacerbated by the closure of Bacup railway station in 1966. Bacup also experienced population decline ; from 22,000 at

5969-588: The High Middle Ages , Bacup was a chapelry linked with the parishes of Whalley and Rochdale , and divided between the townships of Newchurch and Spotland in the hundred of Blackburn . Bacup's first local authority was a Local board of health established in 1863; Bacup Local Board of Health was a regulatory body responsible for standards of hygiene and sanitation in the Bacup Urban Sanitary District . The area of

6096-571: The United States Constitution states, "Excessive bail shall not be required", thus establishing bail as a constitutionally-protected right. What constitutes "excessive" is a matter of judicial discretion, and bail can be denied if the judge feels that it will not aid in forcing the accused back to trial. Money bail is the most common form of bail in the United States and the term "bail" often specifically refers to such

6223-564: The Winter Hill and local relay TV transmitters. Local radio stations are BBC Radio Lancashire on 95.5 FM, Heart North West on 105.4 FM, Capital Manchester and Lancashire on 107.0 FM, Greatest Hits Radio Lancashire on 96.5 FM, and Rossendale Radio , a community based radio station which broadcast to the town on 104.7 FM. The town's the local newspaper is the Lancashire Telegraph . The Sky TV comedy Brassic

6350-590: The courts of Scotland , with the final decision in solemn proceedings being with the High Court of Justiciary . All crimes are bailable, and bail should be granted to any accused person "except where there is good reason for refusing bail". The Bail, Judicial Appointments etc. (Scotland) Act 2000 , an Act of the Scottish Parliament, had removed the previous restrictions on bail that meant that murder and treason were not ordinarily bailable. However,

6477-415: The goth subculture . The couple's families described them as "Goths", and said: "They're both intelligent, sensitive kids. They're not the sort of people to get in trouble, but they have had problems in the past because they stand out." While going home, Lancaster and Maltby were subjected to a "vicious mob attack" from "a large group of people" between 1:10 and 1:20 a.m. on Saturday, 11 August 2007, at

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6604-781: The parliamentary constituency of Rossendale and Darwen , by Janet Anderson , a Labour Party Member of Parliament (MP). Bacup had previously formed part of the Rossendale constituency. In the general election of 2010, the seat was taken by Jake Berry of the Conservative Party, and in 2024 it was taken by Andy MacNae of Labour. At 53°42′14″N 2°11′56″W  /  53.70389°N 2.19889°W  / 53.70389; -2.19889 (53.704°, −2.199°), 15 miles (24.1 km) north-northeast of Manchester , 17 miles (27.4 km) southeast of Blackburn and 26 miles (41.8 km) southwest of Bradford . Bacup stands on

6731-447: The skate park area of Stubbylee Park, Bacup ( grid reference SD865218 ). The couple were walking home and came across a gang of teenagers at the entrance to the park. The group followed them and assaulted Maltby, knocking him unconscious, and then Lancaster, who was shielding her boyfriend. A 15-year-old witness told police: "They were running over and just kicking her in the head and jumping up and down on her head." One witness used

6858-435: The "patronising" way the crime has been depicted and that he would rather be remembered for his career in art rather than association with the murder. He also stated that he did not view Sophie's death as a hate crime and described the media's focus on the goth angle as an "oversimplification of a much broader social issue" and "victim blaming". Maltby also revealed that he no longer followed goth fashion, had since entered into

6985-555: The 18th-century Stubbylee Hall . The Bacup Natural History Society Museum was formed in 1878. Bacup is home to the 17 ft (5.2 m) long Elgin Street which held the record as the shortest street in the world until November 2006, when it was surpassed by Ebenezer Place , in the Scottish Highlands . Many of the town's historic buildings are set to be renewed in a £2m regeneration scheme. Bacup railway station

7112-572: The Early Modern period. The adoption of the factory system , which developed into the Industrial Revolution , enabled the transformation of Bacup from a small rural village into a mill town , populated by an influx of families attracted by Bacup's cotton mills , civic amenities and regional railway network. Locally sourced coal provided the fuel for industrial-scale quarrying, cotton spinning and shoemaking operations, stimulating

7239-501: The Hulme brothers for five years and ten months each. On 13 June 2008, it was reported that all the defendants were appealing against the sentences for their convictions. The appeal was heard on 7 October 2008 with an announcement that the result would be released at a later date. On 29 October the results of the appeal were announced. Ryan Herbert had his minimum term reduced from sixteen years and three months to fifteen years and six months,

7366-459: The Republic. In the modern English bail system, monetary payments play a very small role. Securities and sureties can be taken as conditions for being granted bail, but these amounts are not excessive. Wider restrictions such as curfews , electronic monitoring , presenting at a police station , and limits on meeting specific people or going to specific places are more common conditions. Bail

7493-569: The S.O.P.H.I.E fund. On 3 June 2010, Robert Maltby began an exhibition of his own art at Affleck's Palace in Manchester containing 15 paintings inspired by Lancaster. The exhibition was called Crimson Iris: The Art of Sophie . The money raised went to the Sophie Lancaster Foundation. The 2012 Delain album and single We Are the Others is dedicated to her memory. Delain played at Bloodstock open air and chose to play at

7620-497: The Sheriff Courts, or to the High Court of Justiciary when a case is on trial there. The High Court of Justiciary has final authority to decide all bail decisions, and will decide on bail appeals for cases before the High Court on first instance. A Procurator Fiscal or Advocate Depute can request the High Court to review any bail decision where they believe that bail should not have been granted. The 8th Amendment to

7747-536: The Sophie Lancaster stage on 7 August 2015. On 28 July 2012 Punk Poet Andy T (Andy Thurlow) released a song "Sophie Lancaster" on the "Life at Tether's End" LP; he normally performs this at live shows. On 14 June 2014, it was announced that Lancaster's mother Sylvia was to receive an OBE in recognition of her campaign to promote a more tolerant society. In 2022, the heavy metal band Lamb of God dedicated their song "Redneck" at Bloodstock Open Air , as

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7874-431: The United States is that a suspect's likelihood of being released is significantly affected by their economic status and systemic racial bias. Once detained pretrial, these economically disadvantaged people have been shown to experience conditions in jails that improperly induce guilty pleas (whether or not they are factually or legally guilty). In response, in 2014 New Jersey and Alaska have abolished cash bail for all but

8001-400: The accused, courts are required to balance considerations of personal liberty with public interest. Accordingly, the granting of bail should be the rule rather than the exception. The Supreme Court has laid down in its judgements, Personal liberty, deprived when bail is refused, is too precious a value of our constitutional system recognized under Article 21 that the crucial power to negate it

8128-555: The area with the investments in the area being cited as one of the major reasons why the area is becoming increasingly attractive to people commuting to larger conurbations such as Greater Manchester . Due to the success of the Bacup THI and following public research and consultation, in 2019 the Rossendale Borough Council announced the development of the Bacup 2040 Vision and Masterplan. Bacup 2040 sets out

8255-541: The attack may have been linked to the couple wearing gothic fashion and being members of the goth subculture . Five teenage boys were later arrested and charged with murder. Two of them, Ryan Herbert and Brendon Harris were convicted of murder and sentenced to life imprisonment. The other three were convicted and jailed for grievous bodily harm (GBH). A memorial fund was established in Lancaster's name, and numerous events have paid tribute to her locally, nationally and internationally. Plays, films, art and books have covered

8382-502: The attack, but conducted extensive further investigations, as it appeared that up to fifteen people were in the area and may have witnessed or participated in the assault. The police identified the gothic dress of the couple as a possible motivation for the attack. A 15-year-old and a 16-year-old were remanded in custody , while two 15-year-olds and a 17-year-old were released on bail . They were originally charged with causing grievous bodily harm with intent, but following Lancaster's death

8509-543: The case is not resolved at the first court appearance. When considering granting bail, the police and courts take into consideration factors such as: the persons likelihood of showing up to court, the nature of the offence, the persons past conduct, whether the person will offend again while out on bail, and the risk of evidence/witnesses being tampered with. Certain offences (such as violence, drug-dealing, or repeat offenders) automatically disqualify persons from being granted bail. People who have previously breached their bail or

8636-474: The case of Greenland, this decision may be deviated from by law, insofar as it must be seen as required by spatial circumstances. The possibility is further established in Retsplejeloven (the law relating to the administration of justice) § 765: If the requirements for the use of pre-trial detention are present, but the purpose of the detention may be achieved by less invasive measures, the court, with

8763-399: The charged person, or with his or her consent, by a third party, but this only after this third party has received a thorough briefing regarding the charges and reasons for custody and possible grounds for the forfeiture of the bail. After the bail has been posted, the court must again review the grounds for bail, and must decide either to accept or refuse the bail. When accepting the bail,

8890-514: The circumstances. Section 437(3) elaborates the conditions set by the law to get bail in non-bailable offences. The sub-section says that when a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit, any such offense,

9017-403: The collection I've been contacted by people from all over the world that have been shocked by this, and not just those from the gothic community, I've been talking to goths, bikers, metallers, people from the electro and indie scenes, just about any 'alternative' genre." Many discussions have focused on whether the attack should be described as an example of a hate crime and has been compared to

9144-457: The commission of which they are suspected, or otherwise in the interests of justice. In New Zealand, those charged with a criminal offence have a right to be released on bail with reasonable terms and conditions, unless there is a good reason for continuing to be held in custody. When one is arrested the police decide whether to grant the person bail until their court date. After that the courts will have discretion whether to grant bail again, if

9271-486: The conditions associated with it are less likely to be granted bail again. In the Republic of Ireland , bail ( Irish : bannaí , from Old Norse band , "binding") is when a person enters a written bond ( recognisance ), committing to appear before the court to answer the charges made against them. A person may be required to lodge money as part of their bail. A surety is a person who makes themselves responsible for

9398-406: The consent of the charged, makes a decision about a substitute for pre-trial detention. Part 2 . The court may thus decide, that the charged must (...) supply an economic guaranty for his presence at the court meeting and the carrying-out of any sentencing. However, the practise is rarely used. For example, there were seven instances during the period 1973–1987. In France, bail may be ordered by

9525-432: The course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court. The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with

9652-462: The court allows it in its decision to grant cash bail. Illinois, Kentucky, Oregon, and Wisconsin have outlawed commercial bail bonds, while New Jersey and Alaska rarely permit money bail. Bail laws in Australia are similar to the laws of New Zealand and Canada, but are different in each state. Each state holds that there is a prima facie entitlement to bail for most charges upon application by

9779-399: The court decided also on damages and the aggrieved party asks for it within three months, the bail or its part may be used also to reimburse the damages. Otherwise, the court returns the bail. Both the prosecutor and the person in custody may challenge any decision on custody (including bail) by filing a complaint which leads to review by an appellate court. The possibility of posting bail

9906-406: The court may also require the charged person to stay in the country. The court may decide to rescind the bail if the charged person The court holds out on bail as long as the reasons for custody remain (which includes pending of the charges), and in case of conviction until the convict starts serving prison sentence, reimburses the criminal proceedings and/or pays court-ordered fine. In case that

10033-486: The court. Generally, for lesser crimes, a standard amount is asked to be deposited for awarding the bail. There are some conditions put under section 437 of the Cr.P.C. wherein bail can be requested even for a non-bailable offence. In non-bailable cases, bail is not the right of the accused, but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in

10160-416: The court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail. When a person accused of a crime is arrested, his statement is recorded and information such as the name, residence address, birthplace, charges filed are noted. The police officer may also check back the criminal record if any in

10287-459: The dog-lead goths tells you something about society. The British eccentric has become the circus freak." However, the trial in March 2008 saw extensive coverage in national media. On 13 March 2008, Bizarre magazine launched a "Proud to be Different" campaign in honour of Lancaster. Rod Liddle of The Sunday Times observed after the murder that the victims of the attack had paid the price for

10414-656: The examining magistrate or the judge of freedoms and detention within the framework of judicial control in French law (before the trial). It guarantees: Indian law stresses the principles of presumption of innocence. The principle embodies freedom from arbitrary detention and serves as a bulwark against punishment before conviction. More importantly, it prevents the State from successfully employing its vast resources to cause greater damage to an un-convicted accused than he/she can inflict on society. While considering bail applications of

10541-603: The film Girls' Night . Elements of the BBC TV drama Oranges Are Not the Only Fruit were also filmed on location in Bacup. The famous 1961 British film Whistle Down the Wind starring Hayley Mills also used various parts of Bacup for filming. The comedy drama Brassic was also largely filmed in Bacup. Local news and television programmes are provided by BBC North West and ITV Granada . Television signals are received from

10668-630: The focus is normally for those who are opposed to bail to convince the courts that bail should not be granted, with the procurator fiscal given guidance to use the nature and gravity of an offence as grounds to oppose bail. A person who is refused bail can appeal against the refusal to either the Sheriff Appeal Court for summary proceedings in the Sheriff Courts and Justice of the Peace Courts and solemn proceedings in

10795-457: The indulgence of the "feral" criminals who perpetrated it "by their parents, by the courts, by the council, by a government which wants to send fewer such people to prison." There are a large number of Facebook groups dedicated to Lancaster. With the exception of the "Sophie Lancaster Foundation" group, none of these are official, and nearly all focus on the tragedy of her death. On 26 November 2009, which would have been Lancaster's 23rd birthday,

10922-416: The issues surrounding the murder. Sophie Lancaster (born 26 November 1986) was a former pupil at Bacup and Rawtenstall Grammar School and Haslingden High School , and a gap year student planning to attend Accrington and Rossendale College to do an English degree. She had been dating Robert Maltby, a 21-year-old art student from Manchester, for three years, and they both had a long-standing attachment to

11049-434: The level of violence inflicted upon them.   [...] I am very critical of some of the parents involved. I really don't think they have taken completely seriously how repulsive this incident was." He said that when Harris was initially interviewed about the assaults he was "laughing and joking" with his mother. Sentencing in the case was set for 28 April 2008. Both Harris and Herbert were sentenced to life imprisonment with

11176-482: The local economy. Bacup received a charter of incorporation in 1882, giving it honorific borough status and its own elected town government, consisting of a mayor, aldermen and councillors to oversee local affairs. Bacup's boom in textile manufacture during the Industrial Revolution resulted in the town developing into a prosperous and thickly populated industrial area by early-20th century. But

11303-491: The local press and the Internet, except for the funeral, which received wider coverage. In February 2008, The Observer compared the limited amount of coverage the Lancaster case received to the large amount of coverage worldwide which the media paid to the case of discrimination faced by a Yorkshire goth couple who were thrown off a bus: "That the story received just a fraction of the coverage garned [ sic ] by

11430-400: The lowest crime levels in the county, and the relative small change to Bacup's infrastructure and appearance has given the town a "historic character and distinctive sense of place". In 2007, the murder of Sophie Lancaster attracted media attention to the town and highlighted its urban blight and lack of amenities and regeneration. In 2013 it was announced that Rossendale Borough Council

11557-512: The mentality of hardened criminals, and I definitely sense this violent aspect getting worse.   [...] Sophie's death has made people think, and I have heard of teenagers, especially girls, modifying the way they dress when they walk through certain areas." This led to political developments: the Manchester Evening News reported that Rossendale and Darwen MP Janet Anderson and Hyndburn MP Greg Pope "are set to request

11684-423: The murder of the punk Brian Deneke in the United States. It has been widely perceived by goths as a more extreme example of the social intolerance , violence and abuse people can suffer as a result of their attachment to the goth subculture. The Observer said on 17 February 2008 that the case was one of a "rash of violent attacks targeting punk, goth and metal kids   [...] Sophie Lancaster's case has become

11811-515: The original weavers' cottages survive today as listed buildings. Following the Industrial Revolution , Bacup became a mill town , growing up around the now covered over bridge crossing the River Irwell and the north–south / east-west crossroad at its centre. During that time its landscape became dominated by distinctive and large rectangular woollen and cotton mills . Bacup received a charter of incorporation in 1882, giving it municipal borough status and its own elected town government, consisting of

11938-431: The other three were dropped. As the trial opened the prosecution told the hearing: "Sophie and Robert were singled out not for anything they had said or done, but because they looked and dressed differently." The jury heard extensive descriptions of the severity of the attack from a number of witnesses and through a recorded phone conversation taken at the time. At the conclusion of the trial on 27 March 2008, Brendan Harris

12065-508: The park as a spot often used by "drunken, violent yobs " guilty of vandalism and under-age drinking . They had asked for measures to be taken about the area before the tragedy occurred. Following the murder, residents called for improved security in the area, but Rossendale Borough Council said park rangers would be too expensive. On 6 September 2007, the five suspects were charged with murder at Burnley Youth Court . Three were released on bail: two boys aged 15 and 17 from Shawforth , and

12192-448: The police announced they would be monitoring the road between Weir and Bacup (which passes through Broadclough ) as it has become an accident blackspot with a high number of accidents which have resulted in serious injury and even deaths. There have been a large number of road traffic incidents on the A671 as it passes through the small hamlets of Broadclough and Weir near Bacup including fatalities. Currently police are monitoring

12319-413: The police cannot grant bail; it can only be granted by a judicial magistrate/judge. The Investigating Officer must produce the accused before the judicial magistrate/judge concerned within 24 hours of his arrest. At that time, the accused has a right to apply for bail. Depending upon the facts of the case, the judge decides whether bail should be granted. If bail is granted the accused must deposit money with

12446-482: The police station and ask for fingerprints to file a case against the accused. Under the Code of Criminal Procedure 1973 (First Schedule), offences have been classified as "bailable" and "non-bailable" offences. In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence,

12573-495: The requirement of paying a specific amount of money and instead arresting defendants for failing to surrender. The Bail Act created a qualified right to be granted bail before conviction, except for when certain factors applied. This does not guarantee a person will get bail, but it places the onus on the prosecution to demonstrate why bail should be refused in preference to custody. In England and Wales there are three types of bail that can be given: Bail can be granted by any of

12700-456: The right to seek bail. The Delhi High Court observed, Law does not permit any differentiation between Indian Nationals and Foreign citizens in the matter of granting bail. What is permissible is that, considering the facts and circumstances of each case, the court can impose different conditions which are necessary to ensure that the accused will be available for facing the trial. It cannot be said that an accused will not be granted bail because he

12827-589: The road and there have been calls from local residents, led by County Councillor Jimmy Easton, for the creation of a bypass with the suggestion of utilising elements of Bacup Old Road. The key date in Bacup's cultural calendar is Easter Saturday , when the Britannia Coconut Dancers beat the bounds of the town via a dance procession. Britannia Coconut Dancers are an English country dance troupe from Bacup whose routines are steeped in local folk tradition. They wear distinctive costumes and have

12954-474: The sanitary authority was granted a charter of incorporation in 1882, giving it honorific borough status and its own elected town government, consisting of a mayor, aldermen and councillors to oversee local affairs. The Municipal Borough of Bacup became a local government district of the administrative county of Lancashire under the Local Government Act 1894 , meaning it shared power with

13081-616: The sentencing guidelines to require judges to treat an attack on a member of a subculture as an aggravating factor, similar to a racially motivated or homophobic assault, when sentencing perpetrators. In April 2013, the Greater Manchester Police announced they would officially begin to record offences committed against goths and other alternative groups as hate crimes, as they do with offences specifically aimed at someone's race, disability or sexual orientation. In 2017, Robert Maltby gave his first full-length interview on

13208-416: The song "Illusion" to her and contacted the family to offer his condolences. There has also been discussion of a plaque in her memory in the park. A song was dedicated to Lancaster in concerts at Bacup's Royal Court Theatre on 6/7 September 2007, and a collection taken. A twelve-hour-long concert in her honour was held on 6 October 2007, in the grounds of Bacup Borough F.C. , featuring 10 bands. The club played

13335-416: The story of Lancaster's life, combined with the personal recollections of her mother. The role of Lancaster was played by Rachel Austin. On 11 October 2015, BBC Four broadcast Black Roses : The Killing of Sophie Lancaster , a 45-minute tribute. Her story was told through a sequence of poems by Simon Armitage . Lancaster's mother – Sylvia Lancaster – was played by actress Julie Hesmondhalgh . She spoke

13462-532: The strategic Lancashire County Council . The council was based at Bacup Town Hall . Under the Local Government Act 1972 , the Municipal Borough of Bacup was abolished, and since 1 April 1974 Bacup has formed an unparished area of Rossendale , a local government district of the non-metropolitan county of Lancashire . From 1992 until 2010, Bacup was represented in the House of Commons as part of

13589-404: The suspect can be released from pre-trial detention . Unless posted by a bail bondsman, this deposit is refunded if the suspect makes all of their required court appearances. In 46 US states, a commercial bail bondsman can be paid to deposit bail money on behalf of a detained individual. This practice is mostly illegal in the rest of the world. In Germany, the use of bail bondsmen is legal if

13716-406: The tenth anniversary of Sophie's murder. Maltby revealed that his brain had fully recovered following the attack and he had returned to his art studies but had struggled with depression and could not bring himself to immediately visit Sophie's grave. He explained that beyond working with the producers of Murdered for Being Different he had been reluctant to talk about the events due to what he saw as

13843-544: The time leading up to, and during, the attack. Lancaster, in a deep coma, was placed on life support and moved to Fairfield General Hospital in Bury , then to the neurology unit at Hope Hospital (now Salford Royal Hospital) in Salford . The hospital staff determined that she would never regain consciousness, and on 24 August 2007 her life support was terminated. Lancashire Police arrested five individuals in connection with

13970-536: The time of the United Kingdom Census 1911, to 15,000 at the United Kingdom Census 1971. Much of Bacup's infrastructure became derelict owing to urban decay , despite regeneration schemes and government funding. Shops became empty and some deteriorated. The houses along the main roads endured as the original terraces from Bacup's industrial age, but behind these, on the hillsides, are several council estates . Records in 2005 show Bacup to have some of

14097-434: The trial judge recommending that Harris should serve at least eighteen years and Herbert at least sixteen years and three months. In his closing remarks the judge described the attack as "feral thuggery" which raised questions about the "sort of society which exists in this country". He added: "This was a terrible case which has shocked and outraged all who have heard about it. At least wild animals, when they hunt in packs, have

14224-496: The upper Irwell Valley , 4 miles (6.4 km) east of Rawtenstall , 6 miles (9.7 km) north of Rochdale , and 7 miles (11 km) south of Burnley . At the 2011 Census , Bacup had a population of 13,323. Bacup emerged as a settlement following the Anglo-Saxon settlement of Britain in the Early Middle Ages . For centuries, it was a small and obscure centre of domestic flannel and woollen cloth production, and many of

14351-581: The various aspects of the vision and plan. The role of the board is to "inform, challenge and validate the scope and proposals for the redevelopment of Bacup." The Bacup 2040 plan for the £11.5m redevelopment of Bacup's core, including the Market Square, was reported on in February 2020 and later announced by the local council in June 2020. The first stages of the commencement of the Bacup 2040 work

14478-503: The west which forms a continuous urban area with Waterfoot and Rawtenstall . The towns of Burnley and Accrington are to the north and northwest respectively; Todmorden , Walsden and the county of West Yorkshire are to the east; Rochdale and the county of Greater Manchester are to the south; Rawtenstall , from where Bacup is governed, is to the west. Areas and suburbs of Bacup include Britannia , Broadclough, Deerplay, Dulesgate, Stacksteads and Weir . Bacup experiences

14605-464: The western slopes of the South Pennines , amongst the upper- Irwell Valley . The River Irwell , a 39-mile (63 km) long tributary of the River Mersey , runs southwesterly through Bacup towards Rawtenstall from its source by the town's upland outskirts at Weir . The Irwell is mostly culverted in central Bacup but it is open in the suburbs. In 2003 there was a proposal to use plate glass for

14732-444: The words of Sylvia Lancaster about the life and death of Sophie (who was played by Austin reprising her role) throughout the programme. On 18 June 2017, BBC Three released a film based on the events surrounding Lancaster's death, Murdered for Being Different . In 2021, it was announced that Lancaster's murder was to inspire a new storyline on Coronation Street , centred around hate crime. Character Nina Lucas (Mollie Gallagher)

14859-399: The £1b Future High Street Fund. The Bacup 2040 Board was established in 2019 and is made up of representatives from across Bacup, including local residents, business owners, community organisations, charities, councillors, council officers. The board is chaired by a local business owner and has 6 sub-group committees, chaired by representatives of different community organisations, reviewing

14986-592: Was announced in June 2020, with the £1m redevelopment of the long-time derelict Regal Building. In the 2023 budget, it was announced that Rossendale would receive a grant of £17.9m, of which £8.3m would be dedicated to the Bacup Market regeneration scheme of which the Chair of the Bacup 2040 Board commented: "At the heart of Temple Court will be an innovative two-storey, brand-spanking new market hall building, designed to be bustling with life. The ground floor will be

15113-532: Was announced that the Bloodstock Open Air festival were to rename their second stage The Sophie Lancaster Stage in tribute, and to promote the S.O.P.H.I.E. Campaign. The second stage has carried the name each year since. On 24-25 June 2008, Carabas Theatre Company performed a new dark comedy that dealt with perceptions of the Gothic subculture , donating all profits to the S.O.P.H.I.E fund. The work

15240-505: Was attacked for her gothic appearance, as was her boyfriend Seb Franklin (Harry Visinoni) who ended up dying in hospital. The crime has received much discussion and expressions of sympathy, not just amongst the UK goth subculture , but in other subcultures, and overseas as well. Martin Coles, who organised the Whitby bench fund, said, "Since starting the online campaign to raise awareness of

15367-635: Was covered with floral tributes to the couple soon after the attack, and online message boards have seen many tributes to Lancaster from well-wishers, including some from Europe and America, including a special Facebook and a Bebo group in her honour. The attack was widely condemned in Lancashire and Rossendale by Council leaders and the local community. At the alternative electronic music festival Infest in Bradford on 26 August 2007, just after Lancaster's death, Ronan Harris of VNV Nation dedicated

15494-460: Was formed in 1878. The work of the society is carried out by a group of volunteers who have a base in the Bacup Museum which contains many domestic, military, industrial, natural history, and religious collections. Bacup has been used as a filming location for the 1980s BBC TV police drama Juliet Bravo , Hetty Wainthropp Investigates , parts of The League of Gentlemen and much of

15621-561: Was found guilty of murder, and the judge allowed the names of both Harris and Herbert, which had been withheld during the trial, to be made public. Detective Superintendent Mick Gradwell of Lancashire Police said it was one of the most violent murders he had come across in his career: "I do not think Herbert and Harris have recognised how violent the attack was. They have just done it without thinking, but they seemed to have enjoyed it, and carried on remorselessly kicking at two very defenceless people who were unable to protect themselves because of

15748-826: Was further honoured at the Eccentrik Festival in North Carolina , and it was said that "three more concerts are planned in California, one in Iowa and one in Brisbane, Australia". A number of gothic gigs and club nights across the UK and Ireland dedicated a night to Lancaster in October and November 2007, including the Whitby Gothic Weekend . A collection was raised from these events to place

15875-597: Was opened in 1852 by the East Lancashire Railway as the terminus of the Rossendale line . The Rochdale and Facit Railway was extended to Bacup in 1883. It rose over a summit of 967 feet (295 m) between Britannia and Shawforth. The Rochdale line closed to passenger services in 1947, and the station finally closed in December 1966, with the cessation of all passenger services to and from Manchester Victoria via Rawtenstall and Bury. In June 2014

16002-473: Was performed at the Gregson Centre, Moor Gate, Lancaster . In a discussion after the performance, the cast and audience discussed Goth culture, the issues raised in the performance, and the possibility of educating young people about different subcultures to foster unity and acceptance from a young age. The work, "Suckers", was written and directed by M. J. Wesolowski, and the production raised money for

16129-637: Was successful in securing £2m funding from the Heritage Lottery Fund for a 5-year regeneration project, to be delivered by the Bacup Townscape Heritage Initiative (THI). The project focuses on the redevelopment and restoration of Bacup's unique built and cultural heritage whilst providing training in traditional building skills and to facilitate activities and events for local people. The injection of funds has significantly contributed to growing property prices in

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