Bail (Dangerous Drivers)

Crispin Blunt Excerpts

Tuesday 17th July 2012 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Mr Crispin Blunt)]

I applaud my hon. Friend the Member for Leeds North West (Greg Mulholland) for his tenacity on behalf of his constituents and for securing this debate on an issue that he has already raised with the Prime Minister at Prime Minister’s questions. I would like to begin by expressing once again our sympathy to the family of Jamie Still, who was taken so early from them and in such tragic circumstances. As my hon. Friend reminded us, in April, he and I met Karen Strong, Jamie’s mother, as well as Jamie’s grandfather, Peter Strong, and his sister, Rebecca. We were able to discuss their concerns about the case in some detail. The Prime Minister has continued to take a personal interest in the case.

Something that contributed in no small measure to the family’s distress in this case is the time that elapsed between the incident and the suspect being charged, which was no less than five months. Although it is essential in any case, let alone one with such tragic circumstances, that the right charge is brought against the suspect, it is right that we should seek to do better, and we are. We have just published our proposals to reform the criminal justice system to deliver swift and sure justice. A swifter outcome in this case would have been preferable for all parties.

To explain the time taken in this case, I should point out that it is a fundamental tenet of the criminal justice system that due process is followed, so even when some evidence appears to be very strong, charging decisions cannot be made under the full code test in the code for Crown prosecutors until all the relevant circumstances have been investigated by the police and all relevant evidence has been reviewed by a prosecutor. The investigation and gathering of evidence can sometimes be a lengthy process, and it can take a considerable time from when an offence is committed to when a charging decision is made. The importance attached to such serious cases is reflected by the fact that the final decision on the most appropriate charge in this case was taken at one of the highest levels of the Crown Prosecution Service.

However, after the decision to charge was made, it took another three months before the defendant was convicted and sentenced after he pleaded guilty to causing death by careless driving while under the influence of drink or drugs. This offence is an indictable-only one; in other words, it must be tried in the Crown court. In such cases, defendants cannot plead until they reach the Crown court. Until very recently, there was no formal opportunity for a defendant in such a case who wished to plead guilty to let the magistrates know. The criminal procedure rules have now been changed, with the result that an early appearance can be arranged in the Crown court when a defendant has signalled that he intends to plead guilty. Even when the defendant has not done so, it may be that the case could be identified by the CPS as one in which a guilty plea is likely and thus listed for an early Crown court hearing. Arrangements enabling this to happen—the so-called early guilty plea system—have been piloted in Liverpool, Bristol, Winchester and Reading, and are now being adopted in many more Crown court centres. Such initiatives complement the principles of swift and sure justice that underlie the recent White Paper on criminal justice system reform. However, my hon. Friend has made clear the pain of the eight months of seeing Max McRae, the guilty drunken driver, still driving, and I hope that the change that I have outlined might address that to some degree.

The offender in this case pleaded guilty and expressed remorse to the court. A guilty plea is welcome, not only because it enables cases to be resolved more quickly but because it may indicate willingness on the part of offenders to face up to what they have done. Restorative justice can go further in helping offenders to confront the consequences of their actions and their impact on others. I am convinced that in the right circumstances a restorative process can be highly beneficial, but it can only meaningfully take place when offenders admit responsibility and they and the victims have been assessed as fully able and willing to engage in it.

The important thing about restorative justice is that it makes the victims central to the justice process. Jamie’s relatives expressed understandable upset to me that McRae offered remorse to the court but not to them. It is not clear what advice he received about whether such an expression would have been welcome or whether Jamie’s relatives had been counselled as to what they could expect in a proper restorative justice process. The only observation that I would make is that in over two years of meeting prisoners, this group of offenders tends to stand out as the most remorseful and the most conscious of the appalling and irreparable hurt they have caused. This case further convinces me of the need to improve our capacity for victims to have access to properly mediated restorative justice, and we are actively considering this in our policy development on victims and witnesses.

The central issue for my hon. Friend is that the offender was permitted to continue driving while he was under investigation and awaiting trial. He will know that it is open to the police and the courts to require as a condition of bail, alongside any other conditions that are considered necessary, that a suspect or defendant must not drive while on bail. While a person is being investigated for an offence, the question of bail is an operational matter for the police. Once a suspect has been charged with an offence and appears in court, the question of bail becomes one for the court. If there are substantial grounds for believing that a suspect, if released on bail, will commit further offences, fail to surrender to bail, or interfere with witnesses, the police or the court may grant bail with one or more conditions attached. A condition that would prohibit a suspect from driving is an option if it is thought necessary and appropriate in all the circumstances of the case.

The police and the courts have to make difficult decisions, balancing the need to protect the rights of individuals who are suspected of a crime against the need to protect victims of crime and all other members of the public. It cannot be the purpose of any bail condition to anticipate the punishment that a defendant might receive if he were convicted of the offence with which he has been charged, or that a suspect might receive if he were charged and convicted. The purpose of bail conditions is simply to protect the public from the consequences of further offending, or to secure the smooth running of justice by ensuring that the defendant turns up at a police station or in court.

That is why, although it may be likely or even inevitable that a person who has been charged with certain motoring offences will be banned from driving if he or she is convicted, it does not follow that a driving ban should be imposed as a condition of bail. It is a question of risk. The difficult task facing the court, with the assistance of the Crown Prosecution Service, is to assess that risk.

I recognise that there are cases where the nature of the offence suggests that a risk exists. It is arguable—and I have some sympathy with this view—that the incident in which Jamie Still was killed on that new year’s eve is such an example. An innocent young man died as a result of an incident that combined alleged careless driving and driving with significantly more than the permitted level of alcohol. It is arguable that a no-drive condition is, on the face of it, suitable in such circumstances. However, it is the duty of the court to carry out the risk assessment. The Crown Prosecution Service has a vital role to play in the process, because the prosecutor may make representations in relation to the grant of bail following Jamie’s case.

Earlier this year, all prosecutors were reminded of the need for a careful approach on the question of whether to oppose bail in cases of bad driving that has resulted in death. The Director of Public Prosecutions is in the process of reviewing the Crown Prosecution Service’s policy on bad driving cases in general. That includes a review of the approach taken by prosecutors on the question of bail in such cases, especially where the incident results in the death of a victim. I anticipate that, with regard to fatal collisions, the guidance will emphasise the appropriateness of a no-drive bail condition when the facts and circumstances of the case suggest that if the defendant is released on bail, he will present a danger to other road users by committing further driving offences.

There will be a public consultation on the review later in the year. That will be an opportunity for the public in general, Jamie Still’s family, my hon. Friend and any other family who have suffered a similar tragedy to make their views known. I will keep my hon. Friend informed about the progress on this matter.

Essentially, it has to remain the position that every case will be treated on its merits. It is right that, where necessary, Parliament will provide statutory requirements for courts to follow and that organisations will provide guidelines on how to approach cases to make sure that there is consistency in standards. We ensure that legislation upholds the rights and needs of everyone who is affected by the criminal justice system in this country and we allow the professionals to apply the requirements correctly in each and every case.

I congratulate my hon. Friend again on securing this debate and on raising this tragic case. I commend him for the tenacious way in which he campaigns on behalf of his constituents. I know that he will await the outcome of the review by the Director of Public Prosecutions, as we all will. Changes have already been made in the light of the tragedy that overtook Jamie Still and I anticipate that there will be further changes following the review.

I wish you, Mr Speaker, and all the officials of the House an enjoyable and agreeable recess as we enjoy the success of our Olympic athletes.

Question put and agreed to.