When the process is the punishment


It's about time that we Brits adopted an entirely sensible piece of American law. In their Constitution they not only insist upon a fair trial they also insist upon a speedy one. The actual enactment of that promise is left to State law, but at least some of them insist that a trial must start within 30 days of charges being laid. The defendant may apply to extend that period but the prosecution may not:

While their colleagues covered events like the London 2012 Olympics, the Queen’s Diamond Jubilee, Andy Murray’s Wimbledon win and the birth of Prince George, the four Sun men stayed at home, on bail, suspended from their jobs, trying to maintain their mental and physical health.

Murderers, rapists and terrorists can expect to wait no more than a year to be tried once they have been arrested, but the four journalists were left in purgatory for three times as long.

Leave aside whatever one might think of this particular case, the law surrounding it or the verdict. And concentrate just on the idea that these men had some 10% of their working lives taken from them before being found not guilty. There won't be any compensation for this either. And that's turning the process of prosecution into something much more akin to the punishment itself, rather than what it's supposed to be, the finding and nailing of those guilty enough to be punished.

What should create fear in the rest of us is that given the volume of laws that weight upon us we're all in theory capable of being prosecuted for something or other. And our vindication by a good and sensible jury will be as nothing if the punishment is the process of getting the case in front of a jury in the first place.

So, yes, we should institute that American idea. Justice delayed is justice denied and so we should have a (short) time limit in which the prosecution must put up or shut up.