Clause 15 - Appeals by prosecution
Criminal Justice Bill
9:15 am
Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)
I congratulate the hon. Gentleman on enlightening the Committee as to his role in the drafting of the original legislation. In the case of this clause—I cannot promise to do it in other cases—where he led, the Government are proposing to follow. I recognise that his is a probing amendment and he asks a legitimate question. The nature of the amendment accepts the case for some change to the five-year limit. We are relying on the consideration that Sir Robin Auld gave to the matter in his report.
Sir Robin referred to the sorts of offences, not especially serious in themselves, that, if repeated, can affect the quality of life of large numbers of people, and give rise to concern about the inability of the criminal justice system to prevent the commission of offences on bail. Minor criminal damage is an example. Offences of that kind are currently excluded, and would also be excluded by the amendment.
Taking the argument that the hon. Gentleman advanced in favour of clarity, I tell him that the clause makes it clear that in relation to all offences that might attract a sentence of imprisonment, there would be a prosecution right of appeal. Despite that, however, it would not be usual for the prosecution to appeal against a grant of bail for a defendant charged with a minor offence. However, there will occasionally be circumstances in which it is appropriate to challenge a decision to grant bail—even for those offences punishable by less than two years' imprisonment, as detailed by the hon. Gentleman's amendment. It is
sensible and right for the prosecution to have a right of appeal against a grant of bail by magistrates for all cases that would be punishable by imprisonment. The Crown Prosecution Service's internal guidance, which gives advice on the operation of the right of appeal as currently constituted under legislation, would need to be revised to take account of the change proposed under the clause.