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Tories plan to tighten bail laws Tories plan to tighten bail laws
(about 4 hours later)
The Conservatives would make major changes to tighten the laws on bail in England and Wales, they have said. People with previous convictions for the most serious offences should be routinely denied bail, the Tories say.
The Tories have pledged to amend the Bail Act to include a strong presumption against granting bail to people charged with murder. Shadow justice secretary Nick Herbert wants more persistent offenders in England and Wales to be kept locked up.
They also want to make it harder for persistent and serious previous offenders to be given bail. The party also believes there should be a strong presumption against granting bail to people charged with murder.
The government said there were already stricter bail conditions for those charged with the most serious offences. It comes a year after Garry Newlove was kicked to death outside his home by a gang, whose ringleader had been released on bail earlier that day.
'Not working' The government says there are already stricter bail conditions for those charged with the most serious offences.
Public safety
The Conservatives also want stronger enforcement of bail conditions, including a new offence which could lead to imprisonment.The Conservatives also want stronger enforcement of bail conditions, including a new offence which could lead to imprisonment.
Shadow justice secretary Nick Herbert said government figures showed 47.6% of those who breached their bail terms got a fine, which was an average £61.07 in 2006. If you are on a murder charge, the most serious charge, then the presumption should be that you should not get bail Nick HerbertShadow justice secretary
The party is not planning to ban bail for all defendants. Mr Herbert says government figures show 47.6% of those who breached their bail terms got a fine. In 2006, that averaged at £61.07.
Mr Herbert said: "The current system is not working. Bail is too easily granted, frequently breached and improperly enforced. "We think that public safety should be an explicit consideration in bail decisions, which it isn't at the moment, for clarity and public confidence," he told BBC Radio 4's Today programme.
"Public confidence is undermined when bail conditions are routinely breached, offenders hold the criminal justice system in contempt, and new victims of crime are created unnecessarily. "There's a presumption that you will get bail. We don't want to take away the right to bail altogether - we think that would be wrong.
"It is time to tighten the bail laws and put public safety first." "But if you are on a murder charge, the most serious charge; if you have previously been convicted of one of the most serious offences or if you are a very persistent offender, if you have breached bail in the past, then the presumption should be that you should not get bail.
'Clear case' "The court would still be able to just that there are exceptional circumstances and give you bail, but the presumption should be that you should not and I think most people would think that is reasonable."
Not 'fair'
But Sally O'Neill QC, who chairs the Criminal Bar Association, rejected the Tory plans as unworkable.
"I can understand that, instinctively, it sounds very sensible," she told Today.
"But, in fact, when you consider it on a practical basis it is not really going to work in any way which is either fair or, I think, sensible as far as public safety is concerned."
Justice Secretary Jack Straw has already announced a review of bail laws after a series of high-profile cases.Justice Secretary Jack Straw has already announced a review of bail laws after a series of high-profile cases.
They include the murder of Garry Newlove by Adam Swellings, who was on bail after being convicted of assault.They include the murder of Garry Newlove by Adam Swellings, who was on bail after being convicted of assault.
And police inspector Gary Weddell killed his mother-in-law while on bail for murdering his wife. He later killed himself. Stricter criteria
And police inspector Gary Weddell, who killed his mother-in-law while on bail for murdering his wife. He later killed himself.
The Ministry of Justice said the number of people breaching their bail was down.The Ministry of Justice said the number of people breaching their bail was down.
"The government has introduced new, stricter bail criteria for defendants charged with the most serious offences, those who fail to appear in court when required or who committed their offence while on bail," said a spokeswoman."The government has introduced new, stricter bail criteria for defendants charged with the most serious offences, those who fail to appear in court when required or who committed their offence while on bail," said a spokeswoman.
Paul Cavadino, chief executive of crime reduction charity Nacro, said an application should be turned down only when a "clear case has been made out to overturn the bail presumption".Paul Cavadino, chief executive of crime reduction charity Nacro, said an application should be turned down only when a "clear case has been made out to overturn the bail presumption".
"We need a balanced approach which seeks to refuse bail to defendants who would pose a genuine risk to the public but also seeks to reduce unnecessary remands in custody," he said."We need a balanced approach which seeks to refuse bail to defendants who would pose a genuine risk to the public but also seeks to reduce unnecessary remands in custody," he said.