Tuesday, August 12, 2008

Should Defendants Who Breach Bail Conditions Go To Jail?

Nick Herbert, the shadow Justice Secretary, will unveil a range of new proposals to crackdown on those flouting bail conditions if the Conservatives win the next general election. He will also pledge to improve the enforcement of bail condition, describing the current situation as "seriously deficient".

New figures obtained by the Conservatives reveal that almost half of suspects who jump bail are punished with a fine which averages just £61.

The Tories are now proposing a specific new "breach of bail" offence punishable with a prison sentence. Judges should also be given crucial information on whether suspects have breached bail conditions in the past before deciding whether it is appropriate.

Mr Herbert, who has been reviewing the bail laws over the past six months, said: "The current system is not working - bail is too easily granted, frequently breached and improperly enforced. Public confidence is undermined when bail conditions are routinely breached, offenders hold the criminal justice system in contempt, and new victims of crime are created unnecessarily. It is time to tighten the bail laws and put public safety first."

At the moment, there is a "presumption" to offer bail to most suspects. However, the Conservatives are proposing to deny bail to those previously convicted of serious offences and to people accused of murder. People previously breaching bail will also lose the benefit of the presumption of bail.

Judges will have to take into account public safety as an "explicit consideration" when awarding bail and the Tories want to extend the use of electronic tagging to monitor suspects. They will also explore the use of so-called bail bonds - where suspects borrow money from private firms which is paid into court and only repaid if bail conditions are met.

Many of the proposals would bring laws in England and Wales into line with the tougher regime in Scotland.

The Conservative announcement comes the day after the first anniversary of the murder of Garry Newlove who was kicked to death by a group of youths whose ringleader had just been released on bail. Mr Newlove's widow, Helen, has appeared at Conservative party events and several of her ideas have been adopted as party policy.

The latest statistics released by the Government show that more than 25,000 suspects breached their bail conditions in 2006. Of these, 12,909 were fined and only 3,000 were put into custody.

A growing number of people accused of violent crimes are now being freed on bail - almost 65,000 in 2006 - and one in six murders are committed by suspects on bail.

An official report into the killing of Richard Whelan published earlier this year found a "lackadaisical or nonchalant approach to bail" within the criminal justice system, and a "lack of diligence in verifying suggested bail conditions, scant evidence of enforcement of those conditions, and a failure to deal effectively with breaches when they occurred."

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