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Murder case bail ban 'problems' Murder case bail ban 'problems'
(about 5 hours later)
Banning bail for all murder suspects would "present legal problems", the Ministry of Justice has said.Banning bail for all murder suspects would "present legal problems", the Ministry of Justice has said.
A consultation document on the issue for England and Wales suggests "less drastic changes" to the rules.A consultation document on the issue for England and Wales suggests "less drastic changes" to the rules.
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.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. In January 13% of murder suspects - 60 people - were on bail.A "general right" to bail is enshrined in law. In January 13% of murder suspects - 60 people - were on bail.
The public consultation document said that "snapshot" study on 31 January also found that across all crimes, 68% of suspects were out on bail. The public consultation document, unveiled by Justice Secretary Jack Straw, said that "snapshot" study on 31 January also found that across all crimes, 68% of suspects were out on bail.
Risk to public The government's aim is to target custody as precisely as possible upon those cases where there is a risk of harm to the public Jack StrawJustice Secretary
Mr Straw told MPs he did not "take it for granted" that it would be necessary to change the law, but he said: "Public protection must be paramount when considering an application for bail."
He added: "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.
"The government's aim is to target custody as precisely as possible upon those cases where there is a risk of harm to the public."
'Shock and concern'
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.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.
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". Tinkering with the law in these cases cannot be enough to address the scale of the problem Nick HerbertConservatives
Mr 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 Convention on Human Rights - which requires courts to have some discretion to grant bail in some circumstances.However there was a concern 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 in some circumstances.
'Tighten laws' The consultation paper noted that an attempt in 1994 to prevent bail in grave offences was found to breach the European Convention on Human Rights.
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. Mental harm
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. And it pointed 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.
Mr Straw will launch the consultation process in the Commons later. Instead it proposed a "more modest alternative" 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.
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.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. Responding to the government's consultation document, shadow justice secretary Nick Herbert said: "The government has belatedly come forward with narrow and weak proposals for consultation which only look at bail for murder suspects and which may result in no change in the law at all.
"The question is why it has taken the government so long to follow our lead when Gordon Brown promised a review in January? "Tinkering with the law in these cases cannot be enough to address the scale of the problem."
"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." He added: "Any suggestion that human rights laws could be an impediment to sensible and necessary safeguards must be challenged decisively."