Sunak's meanness liable to put dangerous accused back on the streets

 Chancellor Rishi Sunak wildly increased the UK's indebtedness in order to "save the economy". He has not shown similar concern about the safety of our streets, as a post from The Secret Barrister demonstrates.

Whether somebody awaits trial on bail or in custody is based on an assessment of risk. You generally have a right to bail unless a judge finds substantial grounds to believe you will flee, commit further offences or interfere with witnesses. 

[However, there are Custody Time Limits (CTLs),] regulations setting the maximum time that somebody awaiting trial can be remanded in custody before their trial. [...] CTLs in theory guarantee you a quicker trial. The maximum time you can be detained before your Crown Court trial is 182 days (6 months).

This can, however, be extended by the court in certain cases. The test is whether the reason for the extension is: an absent defendant/witness/judge; the need for multiple trials for a defendant; or some other "good and sufficient cause". The prosecution must also show they have acted "with all due diligence and expedition". 

If a CTL expires without an extension being granted, a defendant is released on bail. This can obviously have serious consequences. People have been killed when dangerous defendants have been released due to "CTL failures" in the legal lingo. 

Now Covid has caused problems due to the suspension in March of jury trials. So the senior judiciary introduced a protocol confirming that this amounts to a good and sufficient cause to extend CTLs. 

All well and good, but the government has done nothing to get these trials going again. There has been a consistent programme of selling off courts (totalling hundreds according to our learned friends), but, apart from setting up ten emergency "Nightingale Courts", government has not built any replacements. Getting rid of Victorian (or earlier) buildings which do not meet 21st century standards and can not be easily adapted to do so is sensible, but it also makes sense to provide capacity which does conform to current standards. 

This was too much for a Crown Court judge at Snaresbrook. 

While there may have been good reason to keep people in custody longer when Covid struck in March, five months on the government has sat on its hands and refused to fund the courts to get the trials running. So His Honour Justice Raynor has ruled that this does not amount to a good reason to extend.

Now this is just a Crown Court decision. It does not set a precedent. But if other judges form the same view, this will result in potentially dangerous offenders being released onto the streets pending trial, all over the country. All because the government won't pay for justice. 

"All over the country" includes Wales.