header-logo header-logo

Consultation launched on bail and murder

26 June 2008
Issue: 7327 / Categories: Legal News , Local government , Public , Human rights
printer mail-detail

Legal news

A government review has ruled out the banning of bail for all murder suspects because such a move could breach human rights laws.

The review was ordered after policeman, Garry Weddell, killed his mother-in-law and then himself while on bail for killing his wife.

The Ministry of Justice consultation paper—Bail and Murder—raise concerns that a total ban on bail for all murder cases might contravene the European Convention on Human Rights, which requires courts to have some discretion to grant bail.

Instead it proposes requiring courts to give greater weight to the potential risks of granting bail to a murder suspect, including the likelihood of them inflicting physical or mental harm.

Justice minister, Jack Straw says: “Bail decisions in murder cases will never be easy; the vital thing is to ensure that the courts strike the right balance between respecting individuals’ right to liberty and protecting the public.”

Views are requested on whether hearings following alleged breaches of bail by defendants charged with murder should be heard in the crown court rather than in a magistrates’ court as at present.

It also considers the role of the Crown Prosecution Service in making representations against the grant of bail once a defendant has been convicted and the relevance of the likely sentence when a court is considering bail. Also discussed are the monitoring of bail conditions, the imposition of conditions that must be met by other agencies before a defendant is released, and the provision of feedback to courts.

Issue: 7327 / Categories: Legal News , Local government , Public , Human rights
printer mail-details

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
Transferring anti-money laundering (AML) and counter-terrorism financing supervision to the Financial Conduct Authority (FCA) could create extra paperwork and increase costs for clients, lawyers have warned 
In this week's NLJ, Bhavini Patel of Howard Kennedy LLP reports on Almacantar v De Valk [2025], a landmark Upper Tribunal ruling extending protection for leaseholders under the Building Safety Act 2022
Writing in NLJ this week, Hanna Basha and Jamie Hurworth of Payne Hicks Beach dissect TV chef John Torode’s startling decision to identify himself in a racism investigation he denied. In an age of ‘cancel culture’, they argue, self-disclosure can both protect and imperil reputations
As he steps down as Chancellor of the High Court, Sir Julian Flaux reflects on over 40 years in law, citing independence, impartiality and integrity as guiding principles. In a special interview with Grania Langdon-Down for NLJ, Sir Julian highlights morale, mentorship and openness as key to a thriving judiciary
Dinsdale v Fowell is a High Court case entangling bigamy, intestacy and modern family structures, examined in this week's NLJ by Shivi Rajput of Stowe Family Law
back-to-top-scroll