London Daily

Focus on the big picture.
Thursday, Mar 05, 2026

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
Iceland Supermarket Drops Trademark Challenge Against Icelandic Government in Long-Running Naming Dispute
UK Defence Secretary Visits Cyprus Following Scrutiny of Britain’s Response to Drone Attacks
Questions Grow Over Britain’s Military Readiness as Response to Iran Conflict Draws Scrutiny
UK Offers Failed Asylum Seeker Families Up to Forty Thousand Pounds to Leave Voluntarily
Saharan Dust Could Bring ‘Blood Rain’ to Parts of the UK as Weather Systems Shift
UK Deploys Additional Typhoon Fighter Jets to Qatar and Helicopters to Cyprus Amid Rising Middle East Tensions
Experts Urge Britain to Accelerate Renewable Energy Push as Global Conflicts Drive Up Costs
British Public Shows Strong Reluctance to Join Wider War in Iran
First UK Evacuation Flight Departs Middle East After Lengthy Delay
United Kingdom Imposes New Visa Requirements on Travelers from St. Lucia and Nicaragua
Iran Conflict Strains U.S.–U.K. Alliance as Trump and Starmer Clash Over Military Strategy
UK Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
France and United Kingdom Deploy Warships to Eastern Mediterranean as Middle East Conflict Escalates
U.K. Arrests Three Men Including Lawmaker’s Partner in Suspected China Espionage Investigation
Trump Says UK–US ‘Special Relationship’ Is Diminished Amid Middle East Dispute
UK Economic Forecasts Face Fresh Strain from Middle East Conflict and Rising Energy Costs
UK Reaffirms Close US Ties After Trump’s Public Criticism
Reeves Stresses Stability and Fiscal Discipline in UK Budget Update as Growth Outlook Shifts
UK Deploys Royal Navy Destroyer HMS Dragon to Cyprus After Drone Strike on RAF Base
Green Party Surges Past Labour in New UK Poll as Traditional Party Support Crumbles
Majority of Britons Oppose U.S. Use of UK Military Bases in Iran Conflict
UK Intensifies Evacuation Efforts from Oman, Working with Airlines to Boost Flight Capacity
Trump Condemns UK and Spain in Unusually Sharp Rift Over Iran Military Action
Trump Repeats UK Claims That Diverge from Verified Facts Amid Diplomatic Strain
UK Arrests Prominent Figures Linked to Epstein Network as Questions Mount Over US Action
Trump Says UK ‘Took Far Too Long’ to Approve Use of Airbases for Iran Strikes
Scope of Britain’s Role in the Expanding Middle East Conflict Comes Under Scrutiny
Trump Says He Is ‘Very Disappointed’ in Starmer Over Iran Comments
U.S. Embassy in Riyadh Struck by Drones Amid Escalating Iran Conflict
Starmer Confronts Strategic Test After Drone Strike Near British Base in Cyprus
Rolls-Royce Chief Signals Openness to Germany Joining UK-Led Fighter Jet Programme
UK Stocks Slip as Escalating Iran Conflict Triggers Global Market Selloff
UK Overhauls Asylum System to Make Refugee Status Temporary
Starmer Warns of ‘Reckless’ Iranian Strikes Amid Escalating Regional Tensions
British Base in Cyprus Targeted as Drones Intercepted Amid Expanding Iran Conflict
Starmer Diverges from Trump on Iran Strategy, Rejects ‘Regime Change from the Skies’
U.S. and Israel Intensify Strikes on Iran as Conflict Expands to Lebanon and Gulf States
Violent Pro-Iranian Protesters Storm U.S. Consulate in Karachi
Missile Debris Sparks Fires at Dubai’s Jebel Ali Port Near Palm Jumeirah
Iran Strikes U.S. Fifth Fleet Headquarters in Bahrain Amid Wider Gulf Retaliation
When the State Replaces the Parent: How Gender Policy Is Redefining Custody and Coercion
Bill Clinton Denies Knowing Woman in Hot Tub Photo During Closed-Door Epstein Deposition
Former U.S. President Bill Clinton Testifies on Ties to Jeffrey Epstein Before Congressional Oversight Committee
Dyson Reaches Settlement in Landmark UK Forced Labour Case
×