England: Pre-trial detention extended under ‘temporary’ legislation

England: Pre-trial detention extended under 'temporary' legislation

The time suspects charged with serious crimes can be held in custody before being brought to trial has been extended in England by nearly a third, from 182 to 238 days.

The controversial change was announced by Justice Secretary Robert Buckland QC under “temporary legislation”.

According to the Ministry of Justice, the measures are designed to ensure that judges are not required to release those suspected of violent and sexual offences due to delays.

Mr Buckland said the extension, implemented by statutory instrument, would come into effect on September 28 and would remain active for nine months.

He 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.

“At the same time, the measures I have announced today will get the criminal courts system back to where it needs to be – reducing delays and delivering speedier justice for all.”

The Lord Chief Justice, Lord Burnett of Maldon said: “The pandemic has had an adverse impact on the timeliness of the criminal justice system, with many trials necessarily delayed.

“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.”

James Mulholland, chairman of the Criminal Bar Association, commented: “The answer to the justice crisis is not to extend the period of pre-trial detention for all in custody arbitrarily by a third where you penalise the innocent as well as the guilty.

“To do so invites delay rather than expedition, increases the numbers in prison and places far greater pressures upon those who work there. The extra millions this will cost should be invested in getting other trial centres up and running.”

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