Suspected rapists, murders and drug traffickers could be freed on bail

by · Mail Online

Hundreds of suspects in prison awaiting trial for rape, murder and drug trafficking may be freed on bail due to court cutbacks. 

Lord Justice Green, the Senior Presiding Judge for England and Wales, has warned judges they will need to make 'difficult decisions' after the Government slashed the number of crown court sitting days, delaying trials across the country. 

Judges will have to consider freeing suspects awaiting trial, as they can be remanded in custody only for a maximum of six months.

It comes after the Justice Secretary Shabana Mahmood rejected a plea from the Lady Chief Justice Dame Sue Carr to finance a boost to the number of judicial sitting days so that criminal courts can work at full capacity to clear the backlog of cases.

Justice secretary Shabana Mahmood (pictured) rejected a plea from the Lady Chief Justice Dame Sue Carr to finance a boost to the number of judicial sitting days so that criminal courts can work at full capacity to clear the backlog of cases
Lady Justice Carr (Pictured) was appointed Lady Chief Justice of England and Wales on 15 June 2023

 Last week the Judicial Office confirmed that 404 court days presided over by part-time judges are to be cancelled between now and March 31.

As a consequence 'a very large number of trials and other hearings' will be delayed, judges have been told. 

In a leaked letter to judges, Lord Green expressed his concerns, suggesting judges will be placed in the invidious position of having to weigh up whether to bail a dangerous suspect or keep them behind bars longer than the legal custody time limit.

 He wrote: 'Judges will need to take some difficult decisions.' Yesterday former Lord Chancellor Sir Robert Buckland KC blasted the decision, saying Labour's cost-cutting move will only extend the current 80,000 backlog of cases. 

A Ministry of Justice spokesman said: 'The Government has increased sitting days to a total of 106,500 – more than in six out of the last seven years... and is committed to bearing down on the crown courts backlog'

He said: 'This Government has chosen to give an inflation-busting pay award to train drivers, for instance, and yet are prepared to allow people accused of very serious crimes, who should be in custody awaiting trial, to walk free.

 Courtrooms which should be dealing with criminals are lying empty.' Judges have estimated the move could, in some cases, delay rape trials by more than two years.

 The decision will only pile more pressure on the creaking criminal justice system after ministers recently allowed 5,500 inmates convicted of less serious offences to be released early to free up space in overcrowded prisons. 

There are 17,070 defendants on remand for serious crimes – the highest number in 50 years. 

Mary Prior KC, chair of the Criminal Bar Association, said last night: 'Cuts in sitting days may save some limited amount of money from one budget, but it will increase costs in others.

 The true cost is people stop believing in justice – people may ask, what is the point of reporting a crime if it takes between four and six years for the trial to be heard.'

 A Ministry of Justice spokesman said: 'The Government has increased sitting days to a total of 106,500 – more than in six out of the last seven years... and is committed to bearing down on the crown courts backlog.'