Application for judicial review of revocation of bail and committal to custody. The defendant had attended the hearing and a previous one. The judge considered that he had failed to attend in other proceedings on two occasions, and revoked bail.
Held: ‘where a defendant has been observing his conditions of bail scrupulously and has not acted in breach in any way at all, a reasoned explanation should be given to explain why bail is being withdrawn and this should only occur after a full and proper examination of all the relevant considerations. ‘ and ‘the decision-making by the learned judge . . . was so perfunctory and so lacking in any proper analysis of the relevant facts, and so lacking in the proper exploration of such fundamental considerations such as appropriate conditions, as to place it firmly outside the bounds of what was reasonable for the purposes of the decision-making in a bail application.’ The bail decision was overturned.
Judges:
Forbes J
Citations:
[2006] EWHC 461 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Allwin v Snaresbrook Crown Court Admn 2005
The court considered an application for judicial review of a Crown Court judge’s bail decision: ‘It seems to me that the right approach for this court must be to decide whether the decision of the Crown Court judge was one which falls within the . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 May 2022; Ref: scu.239248