Bail, judges and the role of the Lord Chancellor

Saturday 19 January 2008 at 7:51 am | In News | 1 Comment

The Lord Chancellor, Straw is obliged by the Constitutional Reform Act to protect the independence of the judiciary; he did Jack Strawso when he delivered the David Hatch Memorial Lecture on 17 January.

There are two “appalling” cases currently in the public eye where the judges who granted bail have been criticised. Garry Newlove, who was kicked to death by a teenage gang including one youngster who had been freed on bail hours before; and Garry Weddell, who had also been bailed before allegedly killing his mother-in-law.

Jack Straw said that the decision as to whether to grant bail to a defendant is always a difficult one for judges and magistrates. These must be independent judicial decisions based on the law as it is, and they do so to a very high standard.

He went on to say, that these cases highlight the desperately difficult decisions facing judges and magistrates and that Judges, magistrates, and the parole board sometimes attracts the opprobrium of the press, the public and (on occasion) politicians which they don’t deserve.

Judges must be free to come to their decisions in individual cases without interference; there must be a better appreciation of the care and professionalism, which they show.

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  1. Couldn’t agree more,
    There are hundreds of cases heard and many more decisions granting/refusing bail. It is only normal that once in a while odd situation will emerge. One or two unfortunate events shouldn’t be used to criticise whole judiciary panel and their practices.

    Comment by Kamil — Saturday 19 January 2008 3:49 pm #

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