London Daily

Focus on the big picture.
Monday, Dec 08, 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
"The Great Filtering": Australia Blocks Hundreds of Thousands of Minors From Social Networks
Mark Zuckerberg Pulls Back From Metaverse After $70 Billion Loss as Meta Shifts Priorities to AI
Nvidia CEO Says U.S. Data-Center Builds Take Years while China ‘Builds a Hospital in a Weekend’
Indian Airports in Turmoil as IndiGo Cancels Over a Thousand Flights, Stranding Thousands
Hollywood Industry on Edge as Netflix Secures Near-$60 Bln Loan for Warner Bros Takeover
Drugs and Assassinations: The Connection Between the Italian Mafia and Football Ultras
Hollywood megadeal: Netflix acquires Warner Bros. Discovery for 83 billion dollars
The Disregard for a Europe ‘in Danger of Erasure,’ the Shift Toward Russia: Trump’s Strategic Policy Document
Two and a Half Weeks After the Major Outage: A Cloudflare Malfunction Brings Down Multiple Sites
UK data-regulator demands urgent clarity on racial bias in police facial-recognition systems
Labour Uses Biscuits to Explain UK Debt — MPs Lean Into Social Media to Reach New Audiences
German President Lays Wreath at Coventry as UK-Germany Reaffirm Unity Against Russia’s Threat
UK Inquiry Finds Putin ‘Morally Responsible’ for 2018 Novichok Death — London Imposes Broad Sanctions on GRU
India backs down on plan to mandate government “Sanchar Saathi” app on all smartphones
King Charles Welcomes German President Steinmeier to UK in First State Visit by Berlin in 27 Years
UK Plans Major Cutback to Jury Trials as Crown Court Backlog Nears 80,000
UK Government to Significantly Limit Jury Trials in England and Wales
U.S. and U.K. Seal Drug-Pricing Deal: Britain Agrees to Pay More, U.S. Lifts Tariffs
UK Postpones Decision Yet Again on China’s Proposed Mega-Embassy in London
Head of UK Budget Watchdog Resigns After Premature Leak of Reeves’ Budget Report
Car-sharing giant Zipcar to exit UK market by end of 2025
Reports of Widespread Drone Deployment Raise Privacy and Security Questions in the UK
UK Signals Security Concerns Over China While Pursuing Stronger Trade Links
Google warns of AI “irrationality” just as Gemini 3 launch rattles markets
Top Consultancies Freeze Starting Salaries as AI Threatens ‘Pyramid’ Model
Macron Says Washington Pressuring EU to Delay Enforcement of Digital-Regulation Probes Against Meta, TikTok and X
UK’s DragonFire Laser Downs High-Speed Drones as £316m Deal Speeds Naval Deployment
UK Chancellor Rejects Claims She Misled Public on Fiscal Outlook Ahead of Budget
Starmer Defends Autumn Budget as Finance Chief Faces Accusations of Misleading Public Finances
EU Firms Struggle with 3,000-Hour Paperwork Load — While Automakers Fear De Facto 2030 Petrol Car Ban
White House launches ‘Hall of Shame’ site to publicly condemn media outlets for alleged bias
UK Budget’s New EV Mileage Tax Undercuts Case for Plug-In Hybrids
UK Government Launches National Inquiry into ‘Grooming Gangs’ After US Warning and Rising Public Outcry
Taylor Swift Extends U.K. Chart Reign as ‘The Fate of Ophelia’ Hits Six Weeks at No. 1
250 Still Missing in the Massive Fire, 94 Killed. One Day After the Disaster: Survivor Rescued on the 16th Floor
Trump: National Guard Soldier Who Was Shot in Washington Has Died; Second Soldier Fighting for His Life
UK Chancellor Reeves Defends Tax Rises as Essential to Reduce Child Poverty and Stabilise Public Finances
No Evidence Found for Claim That UK Schools Are Shifting to Teaching American English
European Powers Urge Israel to Halt West Bank Settler Violence Amid Surge in Attacks
"I Would Have Given Her a Kidney": She Lent Bezos’s Ex-Wife $1,000 — and Received Millions in Return
European States Approve First-ever Military-Grade Surveillance Network via ESA
UK to Slash Key Pension Tax Perk, Targeting High Earners Under New Budget
UK Government Announces £150 Annual Cut to Household Energy Bills Through Levy Reforms
UK Court Hears Challenge to Ban on Palestine Action as Critics Decry Heavy-Handed Measures
Investors Rush Into UK Gilts and Sterling After Budget Eases Fiscal Concerns
UK to Raise Online Betting Taxes by £1.1 Billion Under New Budget — Firms Warn of Fallout
Lamine Yamal? The ‘Heir to Messi’ Lost to Barcelona — and the Kingdom Is in a Frenzy
Warner Music Group Drops Suit Against Suno, Launches Licensed AI-Music Deal
HP to Cut up to 6,000 Jobs Globally as It Ramps Up AI Integration
MediaWorld Sold iPad Air for €15 — Then Asked Customers to Return Them or Pay More
×