Judges free defendants from prison as criminal justice system reaches crisis

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Judges free defendants from prison as criminal justice system reaches crisis
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Judges free defendants accused of rape and GBH on bail in Greater Manchester as criminal justice system reaches crisis point

Judges in Manchester have freed defendants accused of serious crimes from prison as the criminal justice system reaches crisis point. An alleged rapist, two men accused of causing grievous bodily harm and an alleged sexual offender were released on conditional bail as the barristers strike continues.

The issue of whether the judges were right to release the defendants on bail is due to be ruled on by senior judges at the High Court in London on Monday, along with similar cases across the country. In the past few months, the strikes have brought many of Manchester's criminal courts to a standstill. Cases featuring defendants on bail have been adjourned for many months with defence lawyers not being available.

Judges often grant applications to extend custody time limits if prosecutors can prove they have acted expeditiously, and if there is a 'good and sufficient' reason to. But in three recent cases, judges have ruled that the lack of defence barristers as a result of the strike is not a good and sufficient reason to keep accused defendants in prison for longer.

Prosecutors applied for the pair to be kept in prison until then, but Judge Tina Landale ruled that 'the State has had many months' to resolve the dispute and that there was not a 'good and sufficient cause' to keep the men in jail longer. They were both instead released on conditional bail. In a recent case in Oxford, four men accused of murder were released on bail after a judge refused to extend the custody time limits. A hearing is expected to take place at the High Court on Monday, where senior judges are set to rule on the issue.

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