Matthew Scott

Why are suspected murderers being let out of jail?

(Photo: Getty)

What should judges do with potentially dangerous prisoners waiting for their trial when the barristers’ strike means their cases cannot be heard within a reasonable time?

Since April criminal barristers have been involved in a dispute with the government over fees. In a nutshell their case – perhaps I should say ‘our’ case since I am one of them – is that the Ministry of Justice has failed to implement pay recommendations put forward last November.

From the beginning of this month, defence barristers have stopped attending court in the vast majority of legally aided cases. Hardly any trials have been possible. Victims, witnesses and defendants who have prepared for trials in September have found their cases adjourned for months or even years into the future.

For defendants on bail this has been bad enough but the problems have been greatest when they are in custody.

A remand in custody is essentially punishment without a trial. In a significant number of cases it also punishes the innocent – many of whom will lose their jobs, their homes and their marriages along with their liberty. Around a quarter of those remanded do not receive an immediate custodial sentence, and of these around 35 per cent are eventually found not guilty of all charges.

The law provides two safeguards to prevent defendants languishing in jail while they wait for their trial.

The first is that they are entitled to bail before their trial unless there are very good reasons to remand them in custody. In general there are only three acceptable reasons: a serious risk that a defendant will not turn up for trial, that they will commit more offences, or that they will interfere with witnesses.

The second safeguard is that the time which they can be held in prison ahead of their trial is meant to be strictly limited.

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