Judges wrong to free remand prisoners because of barristers’ strike, High Court rules

JUDGES were wrong to release suspected criminals because of the barristers’ strike, the High Court has ruled as it set the Government a two-month deadline to resolve the pay dispute.

Dame Victoria Sharp and Mr Justice Chamberlain ruled that the judges in Crown Court cases in Bristol and Manchester “made errors of law” when refusing to keep defendants behind bars earlier this month when their barristers failed to turn up.

However, they refused to overturn the decisions not to extend the custody time limits as they had now “expired”.

In yesterday’s ruling, the judges said for the time being adjournments to trials resulting from the unavailability of defence counsel “may” be a “good and sufficient cause” to extend custody time limits.

But they warned that if the dispute between the Criminal Bar Association (CBA) and the Government continues beyond the last week of November it is “unlikely” to remain a valid reason.

They said this will be when three months had elapsed from Aug 22 when the CBA’S indefinite strike action was announced.

They described the current strike action as “unprecedented” and warned Crown Court judges to “refrain from endorsing the position of either side” in the ongoing dispute – but that did not mean they had to “ignore reality”.

With 13,000 people being held on remand, it could lead to significant numbers being released once their six month custody time limits lapse.

Brandon Lewis, the Justice Secretary, has initiated talks with the CBA in an attempt to resolve the dispute in which the barristers rejected a 15 per cent fee rise as “too little, too late”.

A spokesman for the Ministry of Justice said: “We welcome the judgment which recognises that the ongoing strike action does give sufficient cause to extend custody time limits.

“Judges make bail decisions independently of Government but protecting the public will remain our top priority.”

A CBA source also welcomed the ruling: “It’s equivalent to the judges holding a gun to the Government’s head, saying: ‘Come up with a lasting settlement or else we will allow precisely those reasons we rejected today and people can make up their own minds to release people in two months’ time’.”

The ruling came after Max Hill KC, the director of public prosecutions, argued that judges were “wrong” to express views over the merits of the pay dispute between the Government and lawyers when they chose to free prisoners when their trials were delayed due to the unavailability of barristers.