Suspects of serious crimes to spend longer in custody before trial

SUSPECTED criminals charged with serious sexual and violent offences are to be held in custody for up to an extra two months before their trial under an emergency plan to help reduce the courts backlog.

Robert Buckland, the Justice Secretary, is to change the law to lengthen the time that offenders can be held before a trial – known as the Custody Time Limit – from the current maximum of 182 days to 238 days.

The move will cover offences deemed serious enough to merit a crown court trial and will include those suspected of violent or sex crimes.

There are more than 500,000 cases yet to be heard in the magistrates’ or crown courts, an increase of some 100,000 since the Covid-19 pandemic forced the suspension of trials and closure of many courts.

Lawyers claim cases are being delayed by a year with some more than two years, raising fears that victims and witnesses could lose faith and drop out of prosecutions while defendants are being left in limbo.

Courts have prioritised serious offences rather than have to release potentially violent defendants. This has led to even longer waits for those charged with less serious offences after being released on bail.

Lawyers’ and human rights’ groups are expected to challenge the proposals for lengthening the time in custody of potentially innocent defendants.

However, Mr Buckland said: “Throughout the pandemic this government has taken the necessary steps to protect the public while ensuring that justice continues to be delivered.

“This temporary extension to custody time limits will keep victims and the public safe, and we should not apologise for making that our priority.”

The legislation is expected to come into force on Sept 28 and will apply to anyone who is arrested and remanded for an offence deemed serious enough for a crown court trial after that date.

The new custody time limits will remain in place for nine months. Mr Buckland also announced £80million to fund a series of measures to boost capacity across criminal courts in an attempt to reduce the backlog.

Lord Burnett, the Lord Chief Justice, said: “This plan is an important document which gives a clear path towards recovery as the judges and magistrates, in partnership with HM Courts Service, the Ministry of Justice and many others, strive to ensure that cases are heard as soon as possible in the public interest and the interests of all those involved in the criminal process.”