Showing posts with label ruling. Show all posts
Showing posts with label ruling. Show all posts

Friday, July 1, 2011

Ministers 'overturn' bail ruling

30 June 2011 Last updated at 13:08 GMT Home Secretary Theresa May: "This is a matter of great concern"

Emergency laws will be brought forward to "overturn" a High Court ruling restricting police bail in England and Wales to a maximum of four days.

Policing Minister Nick Herbert told MPs the move was necessary to allow officers to do their jobs without "one hand tied behind their back".

He said there was not enough time to wait for a Supreme Court appeal.

Police had regularly released suspects on bail for weeks, or even months in some cases, while an inquiry continued.

Senior police officers are due to meet Home Secretary Theresa May later on Thursday to discuss the issue.

'Dire' implications

Fresh guidance to police custody officers in England and Wales followed a ruling in the case of murder suspect Paul Hookway - involving Greater Manchester Police - by Mr Justice McCombe in the High Court in May.

It says officers will have to re-arrest suspects in order to detain or question them again beyond the four-day - or 96-hour - period - but may only do so with "new evidence".

Continue reading the main story image of Danny Shaw Danny Shaw Home affairs correspondent

For over 25 years, since the Police and Criminal Evidence Act, it's been customary for officers to release suspects on police bail while they complete their investigations. Sometimes this can take weeks or months.

When the suspect returns to the police station, he or she might be detained for further questioning, rebailed pending additional inquiries, charged or released without action.

The ruling in the Hookway case has thrown this long-established practice into disarray. On the face of it, it means police have four days at most to bring charges - regardless of whether suspects are in custody.

The reality is that in thousands of cases this won't be possible. Police, under the new interpretation of the laws, will be powerless to prevent suspects walking away from a police station, with no conditions attached, unless they can find new evidence to arrest them again.

No wonder the Home Office and senior officers are urgently seeking a remedy.

The Association of Chief Police Officers' (Acpo) lead spokesman on the issue, Essex Chief Constable Jim Barker-McCardle, said there was "chaos and concern out there" after the ruling had "thrown the whole of policing into the air".

BBC home affairs correspondent Danny Shaw said one senior police figure had described the implications of the court ruling as "dire" as it would have far-reaching effects on serious and complex cases where police needed time to gather evidence and speak to witnesses, such as in rape allegations.

Mr Herbert told the Commons that police "believe that the judgement will have a serious impact on their ability to investigate crime".

"It is likely that in most forces there will not be enough capacity to detain everybody in police cells," he said.

"In other cases it risks impeding the police to such an extent that the investigation will have to be stopped because the detention time has run out.

"The judgement will also affect the ability of the police to enforce bail conditions."

The minister said that with about 80,000 suspects currently on bail, the matter had to be dealt with urgently.

He said the emergency legislation would provide assurance to the police that they could continue to operate on the same basis, regarding bail, as they have for the last 25 years.

But for Labour, shadow home secretary Yvette Cooper criticised the government for only dealing with the issue now - despite Home Office officials learning of the Hookway decision in May.

Concern for victims

"There has been considerable chaos in the Home Office around this, not just this week but for the last few weeks," she said.

Continue reading the main story 19 May: Judge rules orally against Greater Manchester Police, overturning 25 years of bail practice. GMP informs officials at Home Office soon after 17 June: Written version of judgement circulated among Home Office officials, Crown Prosecution Service lawyers and police chiefs who debate its implications24 June: Ministers alerted to the full scale of the problem. Association of Chief Police Officers commissions further expert legal advice 30 June: Acpo recommends emergency legislation. Ministers say it will be introduced "as soon as possible""Why is there still no clarity about what this means for the police? Some forces believe it affects custody but not bail conditions, others fear that it means bail conditions no longer apply."

She added: "It is a deeply serious situation for the police, for prosecutions, and particularly for justice for victims."

Mr Herbert said that while the Home Office knew about the judgement last month, the full impact of it only became clear on 17 June.

The ruling was made by the district judge at Salford Magistrates' Court who said the detention clock continued to run while Mr Hookway was on bail.

Mr Hookway was arrested in November and police were given permission to detain him for 36 hours but he was released after 28.

Five months later, police applied to the courts to extend the period of detention from 36 hours to the maximum of 96 hours, but the district judge refused, saying that the 96 hours had expired months ago.

Greater Manchester Police sought a judicial review, but the ruling was upheld at the High Court.

The force will appeal to the Supreme Court on 25 July to have it overturned.

However Ian Kelcey, of the Law Society, said the courts may be sending out a message to the police.

He told BBC News: "Defence solicitors have been extremely concerned over the period of the past few years that bail has extended and extended, and I think this may be a message that's coming out from the courts that enough is enough and you can't just treat it as an ever-extending piece of elastic."


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Wednesday, May 25, 2011

Goodwin anonymity ruling lifted

19 May 2011 Last updated at 17:41 GMT Lord Stoneham reveals details of Sir Fred's injunction

An order granting anonymity to ex-Royal Bank of Scotland boss Sir Fred Goodwin has been lifted at the High Court.

The existence of Sir Fred's injunction had already been made public by an MP using parliamentary privilege.

The High Court ruling followed a further intervention by Lord Stoneham who used parliamentary privilege to reveal more details to peers.

The judge said the injunction related to a "sexual relationship".

Its lifting comes ahead of the publication of a report on super-injunctions from the Master of the Rolls.

Sir Fred did not oppose the move for his identity to be revealed.

Continue reading the main story
I do not think it is proper for me, from this dispatch box, to comment on individual cases, some of which are before the courts”

End Quote Lord McNally Mr Justice Tugendhat, sitting in London, varied the injunction to allow publication of Sir Fred's name, but not details of the alleged relationship and the name of the woman said to be involved.

Ministers have indicated unhappiness at courts' granting of injunctions, following controversy about celebrities using them to hide details of their personal lives.

'Uneasy'

But the coalition has decided against introducing a Privacy Act to address these concerns, the BBC has learned.

Culture Secretary Jeremy Hunt and Justice Secretary Ken Clarke are understood to have ruled the option out at a meeting on Thursday.

Instead, ministers will consider producing more detailed guidance for judges on how to interpret the Human Rights Act, which guarantees a right to privacy.

Continue reading the main story Clive Coleman Legal correspondent, BBC News

This is a case of parliamentarians judging that there's a public interest in revealing private information, when the judge hearing the case has decided there isn't. A constitutional tension, if not a full-blown crisis.

Somewhat curiously, Culture Secretary Jeremy Hunt has ruled out the possibility of Parliament passing a privacy law. This is in spite of a vigorous press campaign against our judge-made privacy law, and in particular, the powerful secret injunctions that enforce it.

If MPs continue to break privacy injunctions using parliamentary privilege, and people continue to reveal supposedly protected details online, the courts will start to look impotent.

On Friday the Master of the Rolls publishes a report on the use of injunctions which bind the press, including so called super-injunctions. It will have to pull off the seemingly impossible trick of satisfying MPs and the press, and preserving the authority of injunctions granted by judges.

Lib Dem peer Lord Stoneham referred to Sir Fred's injunction earlier using parliamentary privilege, which provides MPs and peers with the centuries-old legal guarantee of free speech within the chamber.

Lord Stoneham told peers: "Every taxpayer has a direct public interest in the events leading up to the collapse of the Royal Bank of Scotland, so how can it be right for a super-injunction to hide the alleged relationship between Sir Fred Goodwin and a senior colleague.

"If true, it would be a serious breach of corporate governance and not even the Financial Services Authority would be allowed to know about it."

Justice minister Lord McNally replied: "I do not think it is proper for me, from this dispatch box, to comment on individual cases, some of which are before the courts."

A review of the use of super-injunctions was ordered last April. It has been carried out by a committee of senior judges, newspaper group representatives and libel lawyers, and chaired by Master of the Rolls Lord Neuberger - the most senior civil law judge at the Court of Appeal.

Lord McNally said the government "recognises the importance of finding the right balance between individual rights to privacy on the one hand, and freedom of expression and transparency of official information on other other".

But the minister said the government wanted to wait for Lord Neuberger's report "before deciding on next steps".

Asked how many super-injunctions were in place, Lord McNally said the Ministry of Justice did not know, but the department's chief statistician was trying to find out and would report back soon.

Last month, Prime Minister David Cameron said the increasing use of such orders made him feel "uneasy" and Parliament, not judges, should decide on the balance between press freedom and privacy.

Sir Fred was widely criticised for his role in the near-collapse of RBS.

In March, Lib Dem MP John Hemming made his injunction public - again by using parliamentary privilege to raise the matter in the Commons.


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