James Patrick Bulger

James Patrick Bulger (16 March 1990 – 12 February 1993) was a two-year-old boy from Kirkby, Merseyside, England, who was abducted, tortured, and murdered by two 10-year-old boys, Robert Thompson (born 23 August 1982) and Jon Venables (born 13 August 1982), on 12 February 1993. Thompson and Venables led Bulger away from the New Strand Shopping Centre in Bootle, after his mother had taken her eyes off him momentarily. His mutilated body was found on a railway line 2.5 miles away in Walton, Liverpool, two days after his abduction.

Thompson and Venables were charged on 20 February 1993 with abduction and murder. They were found guilty on 24 November, making them the youngest convicted murderers in modern British history. They were sentenced to indefinite detention at Her Majesty's pleasure, and remained in custody until a Parole Board decision in June 2001 recommended their release on a lifelong licence aged 18. Venables was sent to prison in 2010 for breaching the terms of his licence, was released on parole again in 2013, and in November 2017 was again sent to prison for possessing child sexual abuse images on his computer.

The Bulger case has prompted widespread debate about how to handle young offenders when they are sentenced or released from custody.

Murder

Closed-circuit television (CCTV) at the New Strand Shopping Centre in Bootle on 12 February 1993 showed Thompson and Venables casually observing children, apparently selecting a target. The boys were playing truant from their local primary school, which they did regularly. (''Subscription Required'') Throughout the day, Thompson and Venables were seen shoplifting various items, including sweets, batteries, a troll doll, and a can of blue Humbrol modelling paint. One of the boys later revealed that they were planning to abduct a child, lead him to the busy road alongside the shopping centre, and push him into the oncoming traffic.

That same afternoon, James Bulger, from Kirkby, went with his mother, Denise, to the New Strand Shopping Centre. Whilst inside the A.R. Tym's butcher's shop on the lower floor of the centre at around 15:40, Denise, who had let go of her son's hand to pay for her shopping, realised that her son was missing. Thompson and Venables had approached James Bulger, took him by the hand, and led him out of the shopping centre. The moment was caught on CCTV at 15:42.CCTV: Does it work?
BBC News, 13 August 2002.

Thompson and Venables took Bulger to the Leeds and Liverpool Canal, around a quarter of a mile from the New Strand Shopping Centre, where they dropped him on his head, and he suffered injuries to his face. The boys joked about pushing Bulger into the canal. An eyewitness said that when he saw Bulger at the canal, the boy was "crying his eyes out". The boys went on a walk across Liverpool; they were seen by around 38 people, but most bystanders did nothing to intervene. Two people challenged Thompson and Venables, but they either claimed that Bulger was their brother, or that he was lost, and that they were taking him to a police station. At one point, the boys took Bulger into a pet shop, from which they were ejected.

Eventually, the boys arrived in Walton. With Walton Lane Police Station across the road, they hesitated, then led Bulger up a steep bank to a railway line near the former Walton & Anfield railway station, close to Anfield Cemetery. One of the boys threw the blue paint that they had shoplifted earlier into Bulger's left eye. They kicked him, stamped on him, and threw bricks and stones at him. They placed batteries in Bulger's mouth and may have inserted some into his anus, although none were found there. Finally, the boys dropped a railway fishplate on Bulger. He sustained 10 skull fractures as a result of the bar striking his head. Pathologist Alan Williams stated that Bulger suffered so many injuries—42 in total—that none could be identified as the fatal blow.

Thompson and Venables laid James Bulger across the railway tracks and weighted his head down with rubble, hoping that a train would hit him and his death would be ruled an accident. After they left the scene, his body was cut in half by a train. Bulger's severed body was discovered by a group of children two days later. A forensic pathologist testified that Bulger died before he was struck by the train.

Police suspected that the boys had sexually assaulted Bulger, as his shoes, socks, trousers, and underpants had been removed. The pathologist's report, which was read out in court, found that Bulger's foreskin had been forcibly pulled back. When Thompson and Venables were questioned about this aspect of the attack by detectives and a child psychiatrist, Eileen Vizard, the pair were reluctant to give details. When Venables was let out on parole, his psychiatrist, Susan Bailey, reported that "visiting and revisiting the issue with Jon as a child, and now as an adolescent, he gives no account of any sexual element to the offence."

The police quickly found low-resolution video images of Bulger's abduction from the New Strand Shopping Centre by two unidentified boys. The railway embankment upon which his body had been discovered was soon adorned with hundreds of bunches of flowers. The family of one boy, who was detained for questioning but subsequently released, had to flee the city due to threats from vigilantes. The breakthrough came when a woman, upon seeing slightly enhanced images of the two boys on national television, recognised Venables, and remembered seeing him playing truant with Thompson in the Bootle area that day. She contacted the police, and the boys were arrested.

Legal proceedings

Arrest

The suspects' age came as a shock to investigating officers, headed by Detective Superintendent Albert Kirby of Merseyside Police. Early press reports and police statements had referred to Bulger being seen with "two youths" (suggesting that the killers were teenagers), the ages of the boys being difficult to ascertain from the images captured by CCTV. Forensic tests confirmed that both boys had the same blue paint on their clothing as found on Bulger's body. Both had blood on their shoes; the blood on Thompson's shoe was matched to Bulger's through DNA tests. A pattern of bruising on Bulger's right cheek matched the features of the upper part of a shoe worn by Thompson; a paint mark in the toecap of one of Venables's shoes indicated he must have used "some force" when he kicked Bulger. Thompson is said to have asked police whether Bulger had been taken to hospital to "get him alive again."

The boys were each charged with the murder of James Bulger on 20 February 1993, and appeared at South Sefton Youth Court on 22 February 1993, where they were remanded in custody to await trial. In the aftermath of their arrest, and throughout the media accounts of their trial, the boys were referred to as "Child A" (Thompson) and "Child B" (Venables). Awaiting trial, they were held in the secure units where they would eventually be sentenced to be detained at Her Majesty's pleasure.

Trial

Up to 500 protesters gathered at the Magistrates' Court in the Metropolitan Borough of Sefton during the boys' initial court appearances. The parents of the accused were moved to different parts of the country and assumed new identities following death threats from vigilantes. The full trial opened at Sessions House, Preston, on 1 November 1993, conducted as an adult trial with the accused in the dock away from their parents, and the judge and court officials in legal regalia. The boys denied the charges of murder, abduction and attempted abduction. The attempted abduction charge related to an incident at the New Strand Shopping Centre earlier on 12 February 1993, the day of Bulger's death. Thompson and Venables had attempted to lead away another two-year-old boy, but had been prevented by the boy's mother.

Each boy sat in view of the court on raised chairs so they could see out of the dock designed for adults, and were accompanied by two social workers and guards. Although they were separated from their parents, they were within touching distance when their families attended the trial. News stories reported the demeanour of the defendants. These aspects were later criticised by the European Court of Human Rights, which ruled in 1999 that they had not received a fair trial by being tried in public in an adult court. At the trial, the lead prosecution counsel Richard Henriques successfully rebutted the principle of ''doli incapax'', which presumes that young children cannot be held legally responsible for their actions.

Thompson and Venables were considered by the court to be capable of "mischievous discretion", meaning an ability to act with criminal intent as they were mature enough to understand that they were doing something seriously wrong. A child psychiatrist, Eileen Vizard, who interviewed Thompson before the trial, was asked in court whether he would know the difference between right and wrong, that it was wrong to take a young child away from his mother, and that it was wrong to cause injury to a child. Vizard replied, "If the issue is on the balance of probabilities, I think I can answer with certainty." Vizard also said that Thompson was suffering from post-traumatic stress disorder after the attack on Bulger. Susan Bailey, the Home Office's forensic psychiatrist who interviewed Venables, said unequivocally that he knew the difference between right and wrong.

Thompson and Venables did not speak during the trial, and the case against them was based to a large extent on the more than 20 hours of tape-recorded police interviews with the boys, which were played back in court. Thompson was considered to have taken the leading role in the abduction process, though it was Venables who had apparently initiated the idea of taking Bulger to the railway line. Venables later described how Bulger seemed to like him, holding his hand and allowing him to pick him up on the meandering journey to the scene of his murder. Laurence Lee, who was the solicitor of Venables during the trial, later said that Thompson was one of the most frightening children he had seen, and compared him to the Pied Piper. After his appearances in court, Venables would strip off his clothes, saying: "I can smell James like a baby smell." The prosecution admitted a number of exhibits during the trial, including a box of 27 bricks, a blood-stained stone, Bulger's underpants, and the rusty iron bar described as a railway fishplate. The pathologist spent 33 minutes outlining the injuries sustained by Bulger; many of those to his legs had been inflicted after he was stripped from the waist down. Brain damage was extensive and included a haemorrhage.

The boys, by then aged 11, were found guilty of Bulger's murder at the Preston court on 24 November 1993, becoming the youngest convicted murderers of the 20th century. The judge, Mr Justice Morland, told Thompson and Venables that they had committed a crime of "unparalleled evil and barbarity... In my judgment, your conduct was both cunning and very wicked." Morland sentenced them to be detained at Her Majesty's pleasure, with a recommendation that they should be kept in custody for "very, very many years to come", recommending a minimum term of eight years. At the close of the trial, the judge lifted reporting restrictions and allowed the names of the killers to be released, saying: "I did this because the public interest overrode the interest of the defendants... There was a need for an informed public debate on crimes committed by young children." David Omand later criticised this decision and outlined the difficulties created by it in his 2010 review of the probation service's handling of the case.

Post-trial

Shortly after the trial, and after the judge had recommended a minimum sentence of eight years, Lord Taylor of Gosforth, the Lord Chief Justice, recommended that the two boys should serve a minimum of ten years, which would have made them eligible for release in February 2003 at the age of 20. The editors of '' The Sun'' handed a petition bearing nearly 280,000 signatures to Michael Howard, the Home Secretary, in a bid to increase the time spent by both boys in custody.James Bulger killing: the case history of Jon Venables and Robert Thompson
''The Guardian'' 3 March 2010. This campaign was successful, and Howard announced in July 1994 that the boys would be kept in custody for a minimum of fifteen years, meaning that they would not be considered for release until February 2008, by which time they would be 25 years old.

Lord Donaldson criticised Howard's intervention, describing the increased tariff as "institutionalised vengeance... ya politician playing to the gallery". The increased minimum term was overturned in 1997 by the House of Lords that ruled it "unlawful" for the Home Secretary to decide on minimum sentences for young offenders. The High Court of Justice and European Court of Human Rights have since ruled that although the parliament may set minimum and maximum terms for individual categories of crime, it is the responsibility of the trial judge, with the benefit of all the evidence and argument from both prosecution and defence counsel, to determine the minimum term in individual criminal cases.

Tony Blair, then Shadow Home Secretary, gave a speech in Wellingborough during which he said: "We hear of crimes so horrific they provoke anger and disbelief in equal proportions... These are the ugly manifestations of a society that is becoming unworthy of that name." Prime Minister John Major said that "society needs to condemn a little more, and understand a little less." The trial judge Mr. Justice Morland stated that exposure to violent videos might have encouraged the actions of Thompson and Venables; this was disputed by David Maclean, the Minister of State at the Home Office at the time, who said that police had found no evidence linking the case with "video nasties".Video link to Bulger murder disputed
''The Independent'', 26 November 1993.

Some British tabloid newspapers claimed that the attack on Bulger was inspired by the film ''Child's Play 3'', and campaigned for the rules on "video nasties" to be tightened. During the police investigation, it emerged that ''Child's Play 3'' was one of the films that Venables' father had rented in the months prior to the killing, but it was not established that Venables had ever watched it. One scene in the film shows the malevolent doll Chucky being splashed with blue paint during a paintball game. A Merseyside detective said, "We went through something like 200 titles rented by the Venables family. There were some you or I wouldn't want to see, but nothing—no scene, or plot, or dialogue—where you could put your finger on the freeze button and say that influenced a boy to go out and commit murder." Inspector Ray Simpson of Merseyside Police commented: "If you are going to link this murder to a film, you might as well link it to ''The Railway Children.''" The Criminal Justice and Public Order Act 1994 clarified the rules on the availability of certain types of video material to children.

Detention

After the trial, Thompson was held at the Barton Moss Secure Care Centre in Manchester. Venables was detained in Vardy House, a small eight-bedded unit at Red Bank secure unit in St. Helens on Merseyside. These locations were not publicly known until after the boys' release. Details of the boys' lives were recorded twice daily on running sheets and signed by the member of staff who had written them; the records were stored at the units and copied to officials in Whitehall. The boys were taught to conceal their real names and the crime they had committed which resulted in their being in the units. Venables' parents regularly visited their son at Red Bank, just as Thompson's mother did, every three days, at Barton Moss. The boys received education and rehabilitation; despite initial problems, Venables was said to have eventually made good progress at Red Bank, resulting in him being kept there for the full eight years, despite the facility only being a short-stay remand unit. Both boys were reported to suffer post-traumatic stress disorder, and Venables in particular told of experiencing nightmares and flashbacks of the murder.

Appeal and release

In 1999, lawyers for Thompson and Venables appealed to the European Court of Human Rights that the boys' trial had not been impartial, since they were too young to follow proceedings and understand an adult court. The court dismissed their claim that the trial was inhuman and degrading treatment but upheld their claim they were denied a fair trial by the nature of the court proceedings. The court also held that the Home Secretary's intervention had led to a "highly charged atmosphere", which resulted in an unfair judgment. On 15 March 1999, the court in Strasbourg ruled by 14 votes to five that there had been a violation of Article 6 of the European Convention on Human Rights regarding the fairness of the trial of Thompson and Venables, stating: "The public trial process in an adult court must be regarded in the case of an 11-year-old child as a severely intimidating procedure."

In September 1999, Bulger's parents appealed to the European Court of Human Rights but failed to persuade the court that a victim of a crime has the right to be involved in determining the sentence of the perpetrator. The European Court case led to the new Lord Chief Justice, Lord Woolf, reviewing the minimum sentence. In October 2000, he recommended the tariff be reduced from ten to eight years, adding that Her Majesty's Young Offender Institution was a "corrosive atmosphere" for the juveniles.

In June 2001, after a six-month review, the parole board ruled the boys were no longer a threat to public safety and could be released, as their minimum tariff had expired in February of that year. Home Secretary David Blunkett approved the decision, and they were released a few weeks later on lifelong licence after serving eight years.Bulger statement in full
at news.bbc.co.uk (accessed 23 April 2005)Bulger killers 'face danger'
at news.bbc.co.uk (accessed 23 April 2005) It was reported that both boys "were given new identities and moved to secret locations under a 'witness protection'-style programme." This was supported by the fabrication of passports, national insurance numbers, qualification certificates, and medical records. Blunkett added his own conditions to their licence and insisted on being sent daily updates on the boy's actions.

The terms of their release included the following: they were not allowed to contact each other or Bulger's family; they were prohibited from visiting the Merseyside region; curfews may be imposed on them, and they must report to probation officers. If they breached the rules or were deemed a risk to the public, they could be returned to prison. An injunction was imposed on the media after the trial, preventing the publication of details about Thompson and Venables. The worldwide injunction was kept in force following their release on parole, so their new identities and locations could not be published. In 2001, Blunkett stated: "The injunction was granted because there was a real and strong possibility that their lives would be at risk if their identities became known."

Subsequent events

In the months after the trial, and following the birth of their second son, the marriage of Bulger's parents, Ralph and Denise, broke down; they divorced in 1995. Denise married Stuart Fergus, with whom she had two sons. Ralph also remarried, and has three daughters by his second wife. ''The Observer'' revealed that both Venables and Thompson had passed A-Levels during their sentences. The paper also stated that Bulger family's lawyers had consulted psychiatric experts in order to present the parole panel with a report which suggested that Thompson is an undiagnosed psychopath, citing his lack of remorse during his trial and arrest. The report was ultimately dismissed; however, his lack of remorse at the time, in stark contrast to Venables, led to considerable scrutiny from the parole panel. Upon release, both Thompson and Venables had lost all trace of their Scouse accent. In a psychiatric report prepared in 2000 before Venables' release, he was described as posing a "trivial" risk to the public and unlikely to reoffend. The chances of his successful rehabilitation were described as "very high".

The ''Manchester Evening News'' published details that suggested the names of the secure institutions in which the pair were housed, in breach of the injunction against publicity that had been renewed early in 2001. In December that year, the paper was fined £30,000 for contempt of court and ordered to pay costs of £120,000. No significant publication or vigilante action against Thompson or Venables has occurred. Despite this, Bulger's mother, Denise, told how in 2004 she received a tip-off from an anonymous source that helped her locate Thompson. Upon seeing him, she was "paralysed with hatred", and was unable to confront him. In April 2007, documents released under the Freedom of Information Act 2000 confirmed that the Home Office had spent £13,000 on an injunction to prevent a foreign magazine from revealing the new identities of Thompson and Venables.

On 14 March 2008, an appeal to set up a Red Balloon Learner Centre in Merseyside in memory of James Bulger was launched by Denise Fergus, his mother, and Esther Rantzen. A memorial garden in Bulger's memory was created in Sacred Heart Primary School in his hometown of Kirkby, the school he would have been expected to attend had he not been murdered. In March 2010, a call was made by England's Children's commissioner Maggie Atkinson to raise the age of criminal responsibility from ten to twelve. She said that the killers of James Bulger should have undergone "programmes" to help turn their lives around, rather than being prosecuted. The Ministry of Justice rejected the call, saying that children over the age of ten knew the difference "between bad behaviour and serious wrongdoing".

In April 2010, a 19-year-old man from the Isle of Man was given a three-month suspended prison sentence for falsely claiming in a Facebook message that one of his former colleagues was Thompson. In passing sentence, Deputy High Bailiff Alastair Montgomerie said that the teenager had "put that person at significant risk of serious harm" and in a "perilous position" by making the allegation. In March 2012, a 26-year-old man from Chorley, Lancashire, was arrested after allegedly setting up a Facebook group with the title "What happened to Jamie Bulger was f**king hilarious." The man's computer was seized for further investigations.

On 25 February 2013, the Attorney General's Office announced that it was instituting contempt of court proceedings against several people who had allegedly published photographs online showing Thompson or Venables as adults. A spokesman commented: "There are many different images circulating online claiming to be of Venables or Thompson; potentially innocent individuals may be wrongly identified as being one of the two men and placed in danger. The order, and its enforcement, is therefore intended to protect not only Venables and Thompson, but also those members of the public who have been incorrectly identified as being one of the two men." On 26 April, two men received suspended jail sentences of nine months after admitting to contempt of court, by publishing photographs that they claimed to be of Venables and Thompson on Facebook and Twitter. The posts were seen by 24,000 people. According to BBC
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