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Bail for crime suspects reviewed Murder case bail ban 'problems'
(about 1 hour later)
Justice Secretary Jack Straw will launch a review of bail laws later, amid concern about crimes committed by suspects released while awaiting trial. Banning bail for all murder suspects would "present legal problems", the Ministry of Justice has said.
He will announce a consultation to MPs and is thought to favour making it harder for murder suspects to get bail. A consultation document on the issue for England and Wales suggests "less drastic changes" to the rules.
It follows the case of Garry Weddell, a policeman who killed his mother-in-law while on bail for his wife's murder. The government reviewed bail decisions in murder cases after a policeman on bail for murdering his wife, went on to kill her mother, then himself.
A "general right" to bail is enshrined in law. The Tories questioned why it had taken so long to set up the review. A "general right" to bail is currently enshrined in law.
The public consultation document said a "snapshot" study on 31 January found that 13% of murder suspects, 60 people, were out on bail at the time. Across all crimes, 68% of suspects were out on bail.
Risk to public
A review was set up after the case of Garry Weddell, a policeman who killed his mother-in-law while on bail for his wife's murder.
Weddell was charged with murdering his wife Sandra at their Bedfordshire home but was released on bail ahead of the trial - the judge felt he did not pose a risk to the public.Weddell was charged with murdering his wife Sandra at their Bedfordshire home but was released on bail ahead of the trial - the judge felt he did not pose a risk to the public.
Tighten laws Any suggestion that human rights laws could be an impediment to sensible and necessary safeguards must be challenged decisively. Nick HerbertConservatives
In January he shot his mother-in-law, before killing himself.In January he shot his mother-in-law, before killing himself.
Justice Secretary Jack Straw said few murder suspects were released on bail and most who were, were "highly unlikely" to kill again. But he said the case had "naturally aroused shock and concern".
However there was a concern that a total ban on bail for all murder cases, might contravene the European Human Rights Act - which requires courts to have some discretion to grant bail in some circumstances.
'Tighten laws'
The consultation points out that a ban could be "unjust" in cases of murder suspects in "mercy-killing" cases or that of someone who shot a burglar in their home.
The BBC's Andy Tighe said the government appeared to be thinking instead of allowing courts to give greater weight to the potential consequences of a murder suspect going on to commit a further crime.
Mr Straw will launch the consultation process in the Commons later.
Speaking in the Commons in January Prime Minister Gordon Brown said: "These are things we have got to look at. If there are changes in the law necessary, we will make them."Speaking in the Commons in January Prime Minister Gordon Brown said: "These are things we have got to look at. If there are changes in the law necessary, we will make them."
The Conservatives launched their own review of bail in February which is due to report shortly. Plans for a government review were announced earlier this year. The Conservatives launched their own review of bail in February which is due to report shortly.
Shadow justice secretary Nick Herbert said: "Conservatives set out proposals months ago to tighten the bail laws, including reversing the presumption of bail for murder and other very serious offences, and making breach of bail conditions an offence.Shadow justice secretary Nick Herbert said: "Conservatives set out proposals months ago to tighten the bail laws, including reversing the presumption of bail for murder and other very serious offences, and making breach of bail conditions an offence.
"The question is why it has taken the government so long to follow our lead when Gordon Brown promised a review in January?"The question is why it has taken the government so long to follow our lead when Gordon Brown promised a review in January?
"Public safety must come first, and any suggestion that human rights laws could be an impediment to sensible and necessary safeguards must be challenged decisively.""Public safety must come first, and any suggestion that human rights laws could be an impediment to sensible and necessary safeguards must be challenged decisively."