The defendant appealed refusal of bail after being accused of an offence of prison mutiny. He had previously, whilst serving his sentence, been granted unconditional, but technical, bail. This had been revoked when the date for his release came around. The CPS application was late, and the defendant had not been given opportunity to make representations as to the weakness of the case against him.
Held: In these exceptional circumstances permission to bring judicial review should be allowed. The court treated this hearing as the substantive applications, and, unable itself to determine properly whether bail should be granted, the matter was remitted to the crown court to be heard as soon as possible.
Judges:
Collins J
Citations:
[2008] EWHC 1000 (Admin)
Links:
Criminal Practice
Updated: 14 July 2022; Ref: scu.267574