“Hundreds of rapists and thugs” to be released on bail after court cuts | Great Britain | News

Hundreds of suspected rapists, violent criminals and drug traffickers could be released on pre-trial bail under a cut in the number of part-time judges.

The controversial move was made to meet cash savings targets set by the government.

This follows the decision to release around 5,500 prisoners convicted of less serious crimes early to make room in overcrowded prisons.

Reducing court days could lead to delays that would force judges to consider extending detention periods – the six-month maximum length of time that defendants charged with serious crimes can lawfully be held in custody.

But they are bound by strict legal guidelines that say issues such as a lack of courtrooms are not sufficient grounds.

Last night, angry former Lord Chancellor Sir Robert Buckland KC criticized the move, saying: “Courtrooms that are supposed to deal with criminals are lying empty.”

He said: “Politics is about choices. This government, for example, has chosen to give train drivers an anti-inflation pay bonus, and yet it is prepared to give free rein to people accused of serious crimes who should be in custody awaiting trial.

“We have courts available – but the courtrooms that are supposed to deal with criminals are empty.”

Recorders – attorneys or barristers who are paid by the day to preside over court cases – have become a key pillar, filling gaps in the number of permanent judges

Now the Justice Department, which oversees the judiciary, has confirmed that hundreds of court days when recorders were supposed to monitor the list of offenses have been cancelled. Without these days, criminal proceedings will be further delayed, exacerbating the current backlog of 80,000.

All judges were sent an “operational letter” by the Justice Department last week outlining how they can deal with recent government cuts to the number of days courtrooms can operate.

It confirmed that 404 court days involving part-time judges would be eliminated by March 31 next year.

Of these, 140 will be in London, 185 in the North West and 79 in the South West.

The letter ominously warned: “Judges will have to make some difficult decisions… including removing a case from the docket, granting bail or making decisions on pre-trial detention periods.”

In a clear instruction to adhere to the guidelines, the letter reminded judges to “express themselves in appropriate legal terms.”

Mandatory legal guidelines for prosecutors, whose job it is to convince judges of the need for an extension, say they must provide “good and sufficient reasons.”

These include delays in obtaining forensic evidence or the need to try jointly charged defendants at the same time.

However, the guidance states that “in routine cases, the unavailability of a judge or courtroom alone would not be sufficient” to justify an extension.

A record 17,070 defendants are currently in custody for serious crimes – 10 percent more than last year.

In 2022, Oxford’s most senior judge, Judge Ian Pringle, refused to extend the prison terms of four people accused of stabbing 40-year-old Keith Green to death in his back garden in Banbury.

However, legal sources said murder cases would likely be expedited to meet the six-month limit.

The government confirmed that it would follow through on plans to reduce the number of court days by two percent to 106,000. 500 days were added, but with no new funds.

Sir Robert said: “This Government’s actions are at odds with their rhetoric about reducing the backlog.”

He said another option was to temporarily extend the detention period to eight months using secondary legislation, as he did during the pandemic.

“The idea that this government is helpless in the face of a perceived inherited crisis is false,” he said. “They have options that they didn’t take.”

And last night Shadow Justice Secretary Ed Agar said: “This decision will be deeply disappointing for victims and risks creating even more backlogs.”

“A hundred days later, this government has shown how little it cares about victims of crime.”

Mary Prior KC, chair of the Criminal Bar Association, said: “Cuts in sitting days can save a limited amount of money in one budget, but in other budgets they increase costs.” The real cost is that people stop wanting justice believe. People may ask, “What’s the point of calling the police to report a crime if it takes between 4 and 6 years to go to trial?”

According to the Law Society: “The MoJ has confirmed that the number of sitting days at the Crown Court will be capped at 106,000 this year – two per cent less than last year, when the number of sitting days was not capped.”

A Ministry of Justice spokesman said: “Since taking office, the new government has increased the number of Crown Court sitting days to a total of 106,500 – more than in six of the last seven years.”

“While we are bound by a difficult financial legacy, this government is committed to reducing the crown courts backlog.”