The disturbing pronouncement came in a hearing centred on suspects being held on remand while their trials are delayed by barristers’ strikes.
Criminal Bar Association members have been striking intermittently for the past four months in a dispute over legal-aid rates. Junior barristers earn an average of £12,200 a year for their first three years, the CBA says.
Demonstrations by barristers took place outside the Royal Courts of Justice in London yesterday as well as at Liverpool and Exeter crown courts.
Dame Victoria Sharp and Mr Justice Chamberlain, who were overseeing yesterday’s High Court case, said the Ministry of Justice must resolve the row with the CBA by November 22.
At that point, the strike is “unlikely” to remain a valid reason to extend the time a suspect can be kept behind bars waiting for trial.
The High Court ruled that delays caused by the CBA strike can be a “good and sufficient cause” to extend the current six-month custody time limits, but bail must be considered.
“This will not remain the position for long,” the ruling said.
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