What should judges do with potentially dangerous prisoners waiting for their trial when the barristers’ strike means their cases cannot be heard within a reasonable time?
Since April criminal barristers have been involved in a dispute with the government over fees. In a nutshell their case – perhaps I should say ‘our’ case since I am one of them – is that the Ministry of Justice has failed to implement pay recommendations put forward last November.
From the beginning of this month, defence barristers have stopped attending court in the vast majority of legally aided cases. Hardly any trials have been possible. Victims, witnesses and defendants who have prepared for trials in September have found their cases adjourned for months or even years into the future.
For defendants on bail this has been bad enough but the problems have been greatest when they are in custody.
A remand in custody is essentially punishment without a trial.
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