Richard Ford, Home Correspondent
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Jack Straw came to the defence of judges and magistrates faced with controversial bail decisions last night, as it emerged that a teenager who killed Garry Newlove had been bailed ten hours earlier.
The Justice Secretary said that the recent cases of Mr Newlove, who was kicked to death outside his house by drunken teenagers, and Garry Weddell, the police inspector thought to have killed himself while on bail for his wife’s murder, highlighted the difficult decisions facing the judiciary.
Helen Jones, Mr Newlove’s MP, demanded a Commons debate on bail conditions and requested that the Attorney-General hold an inquiry into why one of the killers of the father of three was set free.
Mr Straw said in a speech last night that independent judicial decisions were difficult to make, but insisted that they were always conducted to a “very high standard”.
His comments, in a Parole Board lecture, will be interpreted as a boost to judges who have come under fire for awarding bail to defendants in the cases of Garry Newlove and Garry Weddell.
“The decision as to whether to grant bail to a defendant is always a difficult one for judges and magistrates. These must be independent judicial decisions based on the law as it is, and they do so to a very high standard.
“I appreciate, of course, that none of this will comfort Mr Newlove’s family or those affected by the actions of Garry Weddell. Our thoughts and prayers are with them.”
Adam Swellings, a teenager, was bailed hours before he took part in the gang murder of Mr Newlove.
In the second case Weddell, a police inspector, is believed to have shot his mother-in-law dead then killed himself while on bail charged with murdering his wife.
Mr Straw said such decisions were “desperately difficult”, as were similar rulings on the freeing of offenders which have to be made by the Parole Board.
He said that overwhelmingly the Parole Board made the correct decisions. “Even so, it sometimes attracts the opprobrium of the press, the public and [on occasion] politicians. It does not deserve, however, this criticism.
“As with the judges, [the Parole Board] must be free to come to its decisions in individual cases without interference,” he said in his speech. “And there must be a better appreciation of the case and professionalism which you all show.”
Mr Straw’s comments on respecting bail decisions of sentencers came as Harriet Harman, Leader of the House, promised to learn the lessons from the gang murder of Garry Newlove.
Mr Newlove, a 47-year-old sales manager, was kicked to death by three teenagers outside his Warrington home in August. After three were convicted at Chester Crown Court, it emerged that one of them, Adam Swellings, 19, from Crewe, had been bailed from custody only hours before the fatal attack.
Swellings had been bailed on condition he stayed away from Warrington, but never left the town. Instead, he met up with fellow gang members Stephen Sorton, 17, of Warrington, and Jordan Cunliffe, 16, formerly of Warrington, and began their drink and drugs binge.
Ms Jones, MP for Warrington North, said: “What was done to ensure he complied with that condition? My understanding is that Adam Swellings had a history of offences and breaching court orders. There are serious questions that need to be asked.”
In an e-mail sent to Sky News, Helen Newlove, 44, the dead man’s widow, said: “I have woken up this morning still feeling numb but I feel I need to carry on vocalising my issues through other channels.
“I am determined to carry on for the sake of my wonderful husband Garry. He will not have died in vain. I will be making sure that \ do not just sit up and listen to me, but put action into place to protect society and make these people who we vote in to Parliament carry out their promises and make our streets safer.”
Peter Fahy, the Chief Constable of Cheshire, said the teenage boys who killed Mr Newlove were victims of a “strange” British culture that encouraged drinking to excess. “We’ve got to get better at an earlier stage of identifying these young people who’ve got a drinking problem,” he said.
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Obviously NOT Steve Taylor.... if Magistrates do "live in the real world" as you claim then why is someone who has "ELEVEN previous convictions, including assault, battery and restraining order breaches and who had been arrested for viscously attacking a man a week before he murdered Gary Newlove" been allowed to walk free only to go and and murder someone? Quite clearly the proof is in the pudding and you are speaking utter tripe.
Emma Morgan, London,
Yes I guess this is what one would expect from Mr Straw or any other member of Parliament, to defend someone who has without doubt contributed to the death of an innocent woman.
Whatever happened to the country that I was brought up in the fifties and sixties the one that taught you to believe that everyone is responsible for their own actions by simply taking responsibility for those actions, we all remember how honourable the establishment and their members were in those days if the were caught in a compromising situation ....they resigned, remember Jack or do suffer from dementia these days?
william thomson, lincoln, Lincolnshire
There is NO deterrant today, there has'nt been for many years now.. we are so deep in this EU court of human rights
we have people in London, who have completely lost the thread
we have our great british child protection policy. we know children have to be protected, but it's at a price, and i'm afraid our youth crime rate is that pice
my middle son is sadly a thug, thanks to Child protection policies, he's broken his mother completely,
parents are helpless to stop them
there are people in prison who simply need'nt be, yet the one who should be are not
if these childrens ministers get their way, and have smacking banned and outlawed, well then i'm afraid, britain can kiss good bye
funny isn't it how the streets were fairly safe years ago, .. strange how this system does'nt work ahh
it's called installing discipline and while we've got idiots like Wolf and Phillip's around, were in deep trouble
Mick curry, Stratford on Avon, England
trouble in our streets are because of idiotic remarks from our so called M.P's. this gives the green lights for the idiots who think they will be safe because nothing will happen to them. A message for our M.P's are LISTEN TO THE PUBLIC
norman pettigrew, Salford, Manchester
Perhaps if we didn't fill our prisons with people who have silly arguments with their partners, we'd have room for people who really need to be there.
jo, grays, uk
How dare Jack Straw add insult to injury?
How difficult is it for a judge to keep on remand a thug like Andy Swellings who had ELEVEN previous convictions, including assault, battery and restraining order breaches and who had been arrested for viscously attacking a man a week before he murdered Gary Newlove?
What are British judges and magistrates frightened of? Their own shadows or The European Convention of Criminal Rights that Mr Straw himself incorporated into British Law.
âWe will be tough on crimeâ¦we will be tough on the causes of crimeâ
Labour Party manifesto 1997.
Sven Svensson, Hayling Island, England
One of the main problems is that in this country the penalty never fits the crime. Many more prisons are needed so that people who have proven to be dangerous, can be locked away for a very long time. To let people out on bail who have been charged with murder and other serious crimes is, in my opinion, just crackers.
It's strange that prison places can always be found for people who don't pay all ot their council tax, but murderers, well give them the benefit of the doubt......
Penalties for drunkeness and drug taking should be much more harsh. Drug dealers should be sent to prison for long stretches and of course, a sentence of life in prison should mean exactly that, LIFE. Instead of downgrading drugs so that youngsters think they are safe, ban them all. Whenever young people have committed serious crimes you can bet your life that the words 'drugs and drink' will be in there somewhere....they always are. God help the country!
Moira Jean Greatorex, Tamworth, Staffs
This is obviously a tragedy for the victim and his family and it is right and proper that judicial decisions should be subject to public scrutiny.
However, Alan Jelley has fallen into the unhelpful trap of making knee-jerk comments on issues he obviously has no profound knowledge of.
He demonstrates that it is in fact he who is out of touch with today's magistrates, who they are and what they do.
I am a magistrate and whilst it is someone elses judgement to determine whether or not I am inadequate, I can categorically say I am working class and very much live in the real world every day. I have a full time job in manufacturing industry, a family, and live in the community I try to serve. I feel very srongly about punishing offenders and protecting the public many of whom are my family, friends and colleauges.
Why not apply to become a JP Mr. Jelley and, if successful, you'll have the opportunity to demonstarate your sagacity for the benefit of the public.
Steve Taylor, South Wales,
Why have 'Elf & Safety' had no say in the decision to let potential killers out on bail? If they can ban conkers etc., surely they have been ineffective where it really matters.
Graham, Wirral, UK
Why do we not a have a failsafe approach because magistrates have time after time shown to be inadequate middle class do-gooders out of touch with the reality of living life in the real world that most of us experience. If there is any possibility whatsoever of reoffending in these serious cases then surely the default must be to retain offenders in custody.
Alan Jelley, Warwickshire, UK