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Director of public prosecutions backs right to challenge bail orders

PUBLISHED October 23, 2011
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View supports Justice for Jane campaign that wants prosecutors to be allowed to appeal against judges' decision to grant bail The director of public prosecutions has said he would welcome a right to appeal against crown court judges' decisions to grant bail. Keir Starmer last week met the parents of nurse Jane Clough, who was stabbed to death by her ex-partner, to discuss their campaign to amend bail laws. Ambulance technician Jonathan Vass murdered the 26-year-old mother-of-one in the car park of Blackpool Victoria hospital while he was on bail charged with raping her. He was jailed for a minimum of 30 years last October. Her parents, John and Penny Clough, of Barrowford, Lancashire, launched the Justice for Jane campaign which backs an amendment to the legal aid, sentencing and punishment of offenders bill to allow prosecutors to appeal against a judge's decision to grant bail. In a statement , Starmer said: "I met Mr and Mrs Clough and we discussed a number of issues. One of which is the current government proposal to provide the prosecution with the opportunity to appeal against the decision of a crown court judge to grant bail. From my perspective having given the matter careful consideration, I have come to the view that we would welcome the introduction of such a power for the prosecution." Clough kept a diary detailing her abuse and fears of what Vass might do, Preston crown court was told during his trial. She and her family had been "rocked and devastated" when he was bailed, leaving her extremely concerned for her safety. She left home to live with her parents and recorded in the diary that she was worried "Johnny was going to do something stupid". Starmer added: "We would not anticipate such a right of appeal being used very often; however, where it was felt that a judge had got a decision on bail wrong, and the interests of victims and the wider public demanded that such a decision be challenged, then this would be regarded as a useful and appropriate option for the prosecution to have available to it. Former victims commissioner Louise Casey, who attended the meeting, said: "As commissioner I have often had cause to challenge and criticise what can be an opaque and process-driven criminal justice system but I am enormously heartened that the director of public prosecutions has shown he has both a keen regard for the human suffering behind the cases he prosecutes and has his door open to those who propose sensible changes to the system." Nick Herbert, the justice minister, told the Commons last month that the government was considering changing the law on bail. In June this year the Cloughs' MP, Andrew Stephenson, introduced a bill calling for the prosecution to have a right to appeal against bail. However, the amendment has a greater chance of becoming law as it is part of a government bill, said Clough. Legal aid Judiciary UK criminal justice Prisons and probation guardian.co.uk © 2011 Guardian News and Media Limited or its affiliated companies. All rights reserved. | Use of this content is subject to our Terms & Conditions | More Feeds

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