§ 34. Mr. David Kidney (Stafford)What guidance she gives to the Crown Prosecution Service on efforts to be made to trace defendants who fail to answer Crown court bail. [23868]
§ The Solicitor-GeneralIf a defendant who has been granted bail does not turn up in court, it is an offence under the Bail Act 1976. The CPS will apply to the court there and then for a warrant to be issued for the arrest of the defendant. The system for tracing defendants who fail to answer bail is the standard procedure for finding and arresting under a warrant. The court issues a warrant and the police trace and arrest the defendant.
§ Mr. KidneyI thank my right hon. and learned Friend for that answer. My question was inspired by a tragic constituency case in which a young man was knocked down and killed on the pavement by a motorist. When the trial date came, the accused, who had been granted bail, did not turn up and has not since been found. The two general issues that arise are whether to grant bail and the length of time that it takes to reach trial. However, when a defendant fails to appear, cannot the CPS and the police be much more proactive in the steps that they take to trace him or her? For example, the BBC "Crimewatch" programme helps to trace people before they are charged. Could it be used to help to trace people who have bunked off when they should be on trial?
§ The Solicitor-GeneralI am aware of the case that my hon. Friend raises because he has written to me and his local chief crown prosecutor about it. He raises the issue of whether the CPS should object to bail. He also raises the issue of "Crimewatch", which can be used to find people who have skipped bail. On the issue of the CPS and the police working closely together on tracing people and bringing them back to court after they have skipped bail, that is important through the whole process, including during trials and advice on cases generally. My hon. Friend raises a tragic case and I understand that the police do not yet know where the defendant is. I hope that they find him, and when they do, he will be brought before the court to face the charges.
§ Mr. William Cash (Stone)Can the Solicitor-General shed light on the mystery of why, since 1997, the number bailed by the Crown court has fallen by 11 per cent., but the percentage failing to appear has increased by 3 per cent.? Why is that happening? In relation to the question of objecting to bail, does she have any remedies, because the situation appears to be getting exponentially more serious?
§ The Solicitor-GeneralThe CPS always thinks carefully, according to its code for prosecutors, about whether it should object to bail when a request is made. The hon. Gentleman knows that the CPS does not know why more of those granted bail are skipping bail, but that will inform its view of how often it is right to object to bail. The general pattern of more people skipping bail will 670 make the CPS look harder at whether it should object to the granting of bail. I will consider the figures and see whether I can shed more light on the mystery that he raises.