JUDGE DEFENDS DETENTION OF ABID MISKEEN AND CHILD VICTIM IN BRADFORD COURT
In March 2014, a judge in Bradford controversially justified his decision to detain a 15-year-old girl overnight in police custody during a sexual abuse trial involving Abid Miskeen, 32, of Little Horton Road, Bradford.Judge Robert Bartfield sentenced Miskeen to seven years in prison after being convicted of engaging in sexual activity with a 14-year-old girl in June 2013.
The girl, a vulnerable teenager, was supposed to testify after a delay in the case but disappeared prior to giving evidence.
In response to her absence, the prosecutors requested and obtained a warrant to arrest and detain her until she appeared, leading to her being held in police custody overnight.
Judge Bartfield acknowledged concerns about this decision but emphasized, “What’s plain is that had she not been present to give evidence, you would have walked free from the court last Thursday.” He further explained that although she was a prosecution witness, she was part of the defense case’s support, and her presence was essential for a fair trial.
He added, “The suggestion she was in some way forced into the witness box by the prosecution to give evidence on their behalf is wholly misconceived.” Charlotte Kenny, defending Miskeen, confirmed that if the girl’s evidence was not presented, the case could have collapsed, acknowledging the importance of her testimony.
Judge Bartfield clarified that when the case was called, no witnesses were present, including the girl.
After a full hearing, he issued warrants for their arrest, which he described as necessary to prevent the trial's derailment.
He explained that the girl had been allowed out for a cigarette while waiting, but she absconded, raising fears she might influence other witnesses or harbor feelings for the defendant.
Her contact with other witnesses prompted the prosecution to believe she intended to interfere, leading to her detention, which the judge regretfully described as a necessary but unfortunate measure.
“This was a serious allegation of sexual abuse,” he stated, emphasizing the public interest in proceeding with the case.
The girl was held in police custody for about 20 hours, including overnight, before giving evidence that lasted only 22 minutes.
Detective judgments considered her suffering and her actions, such as her regret for her detention, were acknowledged.
Despite the emotional toll, Judge Bartfield maintained that the interests of justice were ultimately served.
Victim Support expressed outrage, condemning the treatment of such a vulnerable witness, stating, “It is utterly shameful that any vulnerable witness let alone a child who has been the victim of sustained sexual exploitation could be treated in such a grotesque and, frankly, degrading manner.” The NSPCC added that “all elements of the justice system failed this girl.” The case involved Miskeen, who had previously been convicted of offenses including robbery, assault, and dangerous driving but none for sexual offenses.
It was revealed he had a history of breaching a 2012 community order for punching his partner.
Miskeen was found to have groomed the girl, effectively engaging in a relationship with her, and he had made her pregnant, although she later chose to have an abortion.
Judge Bartfield sentenced him to the maximum term permissible for his crimes and ordered that he be registered as a sex offender for life.
“You have not shown one iota of remorse or regret for what you did,” the judge said.
A CPS spokeswoman explained that seeking the warrant and detaining the girl was an exceptional step, justified after exhausting all other options to ensure her testimony could be heard, citing the importance of the case and public safety.
The judiciary indicated that procedures are under review to prevent similar situations, emphasizing that the detention of vulnerable witnesses in police cells overnight is an extraordinary measure and should be avoided whenever possible.
They also noted ongoing training and future courses aimed at managing vulnerable witnesses more effectively.
In related reports, assessments highlighted that a 15-year-old girl who was groomed, impregnated, and then detained overnight in police custody was only part of a broader systemic failure.
Despite her protests and emotional distress, the trial moved forward swiftly, with a jury convicting Miskeen in less than two hours.
The incident drew widespread criticism, with legal and child care experts condemning the handling of the case as Dickensian and damaging to the victim’s well-being.
The case prompted calls for urgent review and reform of procedures at Bradford Crown Court to better protect vulnerable witnesses in the future.
