Judges were wrong to release defendants accused of serious crimes from prison after trials had to be postponed because of the barristers strike, a court has ruled. Those accused of crimes can be held in jail for up to six months before their trial is heard in court before their 'custody time limit' expires.
But in recent weeks trials of defendants remanded in custody have been adjourned for months because defence lawyers have been taking part in industrial action as part of a row over Legal Aid fees, the system used to pay them for cases where defendants cannot afford to fund their legal costs.
Barristers argue the fees should be immediately increased by 25 per cent, while the Government has offered a 15 per cent rise. The Criminal Bar Association, which represents barristers, claim that the 25 per cent increase is needed to secure the future of the profession and to make it attractive to junior lawyers, who may seek more lucrative work elsewhere. Barristers have refused to work in the majority of Legal Aid cases since the start of the month. Negotiations between the CBA and the Ministry of Justice aimed at resolving the dispute are said to be continuing.
READ MORE: Emergency services rush to street after woman hit by car
A judge in Manchester was one of many across the country to refuse to extend the custody time limits of defendants whose trials were postponed during the strike. Sitting at Minshull Street Crown Court, Judge Tina Landale released two men who had been held in jail awaiting trial after being accused of causing grievous bodily harm. The next available trial date was January next year.
She ruled that the lack of defence counsel for one of the men, which led to the trial being postponed, was not a 'good and sufficient cause' to keep the pair in jail longer. The Director of Public Prosecutions, Max Hill KC, appealed against Judge Landale's decision as well as a similar ruling by a judge in Bristol. Now senior judges at the High Court in London have decided that the judges were wrong to release the defendants in those cases on bail.
In a judgment published this morning, it was said that the judges had 'erred in law'. "In our view, the stage had not yet been reached when it could be said that the general unavailability of legal representation as a result of the dispute could not constitute a sufficient cause to justify extension of the custody time limits," the ruling by the President of the King's Bench Division, Dame Victoria Sharp DBE, and Mr Justice Chamberlain said. Referring to Judge Landale's ruling, it added: "To the extent that the judge concluded that it could, she erred in law."
The judgment added: "But this will not remain the position for long." The defendants in the Minshull Street case are set to remain on bail, as the judges did not quash Judge Landale's decision. However the judgement is due to have a significant impact in similar cases within the next few weeks. The judgement added that the industrial action is 'unlikely' to provide a sufficient reason for keeping defendants in custody for longer by November, effectively setting a deadline for the industrial action to be resolved by.
It continued: "However, if the situation remains as it is now, the relevant point at which the unavailability of legal representation can properly be described as chronic or routine is likely to be reached by the last week in November 2022. Once this point is reached, the absence of legal representation in the context of the CBA action is unlikely to be capable of supplying a sufficient reason for extending custody time limits."
The High Court said decisions by judges on whether to extend custody time limits would be case specific. The rulings by Judge Landale and a judge in Bristol were the only decisions examined in detail by the High Court, but similar decisions have been made by judges in Greater Manchester.
Last week at Manchester Crown Court, Judge Alan Conrad KC released a man accused of rape and sexual assault on conditional bail. The man had been due to go on trial earlier this week but had faced spending many more months in jail, with his trial being rescheduled for July next year. "It is a vital principle that defendants should not be kept in custody for prolonged periods," the judge said in his ruling.
In another trial which had been due to be held at Bolton Crown Court earlier this month, a man was due to face allegations of kidnapping, sexual assault and false imprisonment. A new trial date had been found for next month after his barrister was not at court because of the industrial action. But Judge Tom Gilbart said he could not be confident that situation would have changed by then and released the man on conditional bail.
Read more of today's top stories here
READ NEXT:
