MP calls for bail law to be changed

29th June 2011

Prosecutors should be allowed to appeal against decisions to grant bail to defendants, a Conservative MP has argued.

Andrew Stephenson said his ten minute rule bill had been inspired by the murder of Jane Clough, who was killed by her ex-boyfriend while on bail accused of repeatedly raping her.

The Pendle MP called for the prosecution to have a right to appeal if a judge bails an offender and for give victims and their families to have "more influence" over the legal process.

Introducing his Bail (Amendment) bill to the Commons, he said: "Like many victims of domestic violence she put her faith in our legal system but our legal system failed to protect her."

The judge was acting in accordance with the legal presumption that bail should be granted "except in specific circumstances", Stephenson told MPs.

He added: "The law needs to be changed to allow the prosecution the right of appeal so in cases like this the Crown Prosecution Service or the Attorney General could have challenged Judge Newell's verdict.

"We need to rebalance the legal standing of bail verdicts. At the moment the system is unfairly weighted towards the defendant."

Stephenson said that while defendants could appeal if bail was not granted by a judge the prosecution had no such right.

"Even if Jonathan Vass had not been granted bail for the 13 charges against him, he would have been able to appeal that decision, a luxury not currently afforded to the prosecution," he told MPs.

"We need to give the victims of crime, and particularly domestic violence, the reassurance that their voices will be heard and that their abusers will not be able to intimidate or hurt them any more."

The Bill will be read a second time on January 20 2012, but stands little chance of making further progress without government support.

Responding to the Bill, a Ministry of Justice spokesman said: "The government will consider the Bill.

"Currently the decision on whether or not to grant a bail application is a matter for the independent judiciary, which is best placed to weigh up all the relevant factors."

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