London Daily

Focus on the big picture.
Saturday, Sep 13, 2025

Judges unlawfully releasing defendants, court hears

Judges unlawfully releasing defendants, court hears

Crown Court judges have been releasing potentially dangerous criminals unlawfully because of delays linked to the criminal barristers' strike, the High Court has heard.

Lawyers for the director of public prosecutions (DPP) said judges must be stopped from bailing defendants whose trials have been put off for months.

It is a highly significant challenge to decisions by trial judges in England.

Barristers are in a dispute with the government over legal aid funding.

The indefinite, uninterrupted strike by barristers in England and Wales is an escalation of industrial action over pay, which began in April.

The BBC has discovered that at least a dozen defendants have been told in recent weeks they would be bailed back in to the community because of a lack of barristers to enable their cases to be heard.

In each custody ruling, judges said they had no power to keep defendants in jail beyond the standard six-month pre-trial limit - because the law does not let them consider the strike as a "good and sufficient" reason to do so.

In one recent decision, a senior judge at Oxford Crown Court said he could not extend the custody of four alleged murderers whose trial had been put back.

Two defendants waiting for trial in Manchester for alleged serious violence have also been released.

At other courts, one judge bailed a defendant charged with kidnapping with intention to commit a sexual offence, while another bailed someone facing serious drugs gang and county lines slavery charges.

Brought by Crown Prosecution Service head Max Hill KC, the test case at the High Court is focusing on cases in Bristol and Manchester.

Barristers protesting outside the Supreme Court earlier this month


Tom Little KC, for the director of public prosecutions, told the High Court the law required crown court judges to take the strike into account as a reason to keep defendants behind bars while awaiting trial.

"Custody time limit applications are not the place to second-guess fine judgments about funding," he told the court.

"This is not a position where no trial is possible but a situation where individual advocates have taken a decision not to attend."

In one case being examined, the Bristol trial of a defendant accused of threatening someone with a razor failed to go ahead because of the strike.

Judge Peter Blair in Bristol said the government had had "many many months" to end the barristers' industrial action, adding: "In my view today's predicament arises precisely because of the chronic and predictable consequences of long-term underfunding."

Lawyers for the DPP told the High Court that those comments went beyond the judge's legal responsibilities.

"[The judge] is attributing fault and blame to the government and has entered into the arena and has done so with no detailed argument or evidence," said Mr Little. "He has taken into account a matter he should not have done."

But lawyers acting for three of the defendants in the cases being considered said the government's failure to prevent foreseeable delays did not mean judges had unchecked power to keep people locked up.

"The [Bristol judge] has said nothing that is wrong, improper or inaccurate," said David Hughes, for one of the defendants.

"He was perfectly entitled to hold the views that he did based on that knowledge and experience.

"He was just expressing what the situation is. The dispute has been going on for many months now - and he was entitled to say that there has been a failure to address the dispute in a system that has primary legislation that makes time limits for custody in advance of trial."

The case continues. Dame Victoria Sharp, one of England's most senior judges, said the High Court would rule in the coming days.

Newsletter

Related Articles

0:00
0:00
Close
French Debt Downgrade Piles Pressure on Macron’s New Prime Minister
US and UK Near Tech, Nuclear and Whisky Deals Ahead of Trump Trip
One in Three Europeans Now Uses TikTok, According to the Chinese Tech Giant
Could AI Nursing Robots Help Healthcare Staffing Shortages?
NATO Deploys ‘Eastern Sentry’ After Russian Drones Violate Polish Airspace
Anesthesiologist Left Operation Mid-Surgery to Have Sex with Nurse
Tens of Thousands of Young Chinese Get Up Every Morning and Go to Work Where They Do Nothing
The New Life of Novak Djokovic
The German Owner of Politico Mathias Döpfner Eyes Further U.S. Media Expansion After Axel Springer Restructuring
Suspect Arrested: Utah Man in Custody for Charlie Kirk’s Fatal Shooting
In a politically motivated trial: Bolsonaro Sentenced to 27 Years for Plotting Coup After 2022 Defeat
German police raid AfD lawmaker’s offices in inquiry over Chinese payments
Turkish authorities seize leading broadcaster amid fraud and tax investigation
Volkswagen launches aggressive strategy to fend off Chinese challenge in Europe’s EV market
ChatGPT CEO signals policy to alert authorities over suicidal youth after teen’s death
The British legal mafia hit back: Banksy mural of judge beating protester is scrubbed from London court
Surpassing Musk: Larry Ellison becomes the richest man in the world
Embarrassment for Starmer: He fired the ambassador photographed on Epstein’s 'pedophile island'
Manhunt after 'skilled sniper' shot Charlie Kirk. Footage: Suspect running on rooftop during panic
Effective Protest Results: Nepal’s Prime Minister Resigns as Youth-Led Unrest Shakes the Nation
Qatari prime minister says Netanyahu ‘killed any hope’ for Israeli hostages
King Charles and Prince Harry Share First In-Person Moment in 19 Months
Starmer Establishes Economic ‘Budget Board’ to Centralise Policy and Rebuild Business Trust
France Erupts in Mass ‘Block Everything’ Protests on New PM’s First Day
Poland Shoots Down Russian Drones in Airspace Violation During Ukraine Attack
Brazilian police say ex-President Bolsonaro had planned to flee to Argentina seeking asylum
Trinidad Leader Applauds U.S. Naval Strike and Advocates Forceful Action Against Traffickers
Kim Jong Un Oversees Final Test of New High-Thrust Solid-Fuel Rocket Engine
Apple Introduces Ultra-Thin iPhone Air, Enhanced 17 Series and New Health-Focused Wearables
Macron Appoints Sébastien Lecornu as Prime Minister Amid Budget Crisis and Political Turmoil
Supreme Court temporarily allows Trump to pause billions in foreign aid
Charlie Sheen says his father, Martin Sheen, turned him in to the police: 'The greatest betrayal possible'
Vatican hosts first Catholic LGBTQ pilgrimage
Apple Unveils iPhone 17 Series, iPhone Air, Apple Watch 11 and More at 'Awe Dropping' Event
Pig Heads Left Outside Multiple Paris Mosques in Outrage-Inducing Acts
Nvidia’s ‘Wow’ Factor Is Fading. The AI chip giant used to beat Wall Street expectations for earnings by a substantial margin. That trajectory is coming down to earth.
France joins Eurozone’s ‘periphery’ as turmoil deepens, say investors
On the Anniversary of Queen Elizabeth’s Death: Prince Harry Returns to Britain
France Faces New Political Crisis, again, as Prime Minister Bayrou Pushed Out
Murdoch Family Finalises $3.3 Billion Succession Pact, Ensuring Eldest Son’s Leadership
Big Oil Slashes Jobs and Investments Amid Prolonged Low Crude Prices
Court Staff Cover Up Banksy Image of Judge Beating a Protester
Social Media Access Curtailed in Turkey After CHP Calls for Rallies Following Police Blockade of Istanbul Headquarters
Nayib Bukele Points Out Belgian Hypocrisy as Brussels Considers Sending Army into the Streets
Elon Musk Poised to Become First Trillionaire Under Ambitious Tesla Pay Plan
France, at an Impasse, Heads Toward Another Government Collapse
Burning the Minister’s House Helped Protesters to Win Justice: Prabowo Fires Finance Minister in Wake of Indonesia Protests
Brazil Braces for Fallout from Bolsonaro Trial by corrupted judge
The Country That Got Too Rich? Public Spending Dominates Norway Election
Nearly 40 Years Later: Nike Changes the Legendary Slogan Just Do It
×