Tories plan to tighten bail laws

12 April 2012

Defendants with serious previous convictions would be routinely denied bail under proposed Tory plans.

Murder suspects would also be remanded in custody more frequently and persistent offenders would lose the presumption of bail.

The proposals come amid concern about the number of offences committed by bailed suspects and Tory claims that conditions of release are "improperly enforced".

Shadow justice secretary Nick Herbert has obtained government figures showing that almost half - 47.6% - of those who breach their bail terms get off with a fine. The average fine in 2006 was £61.07.

Mr Herbert said: "The current system is not working - bail is too easily granted, frequently breached and improperly enforced. 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.

"It is time to tighten the bail laws and put public safety first."

The Tories propose changes to the Bail Act which would retain judges' discretion in individual cases but require public safety to be an "explicit consideration" in decisions.

In particular, the changes would mean murder suspects would face the "strong presumption" of being remanded in custody; those previously convicted of serious offences would be denied bail (subject to judicial discretion in "exceptional cases"); persistent offenders and those convicted of bail offences would lose the presumption of bail.

The Tories also plan to introduce a new offence, like in Scotland, of breaching bail. This would be punishable with jail.

Justice Secretary Jack Straw has already announced a review of the bail laws after recent high-profile crimes pushed the issue high up the political agenda.

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