The defendant had surrendered to his bail at a Magistrates Court. There was no usher and no security staff. Following imposition of a custodial sentence, the defendant escaped through the public entrance. It was submitted on an appeal that the defendant was not under ‘direct’ control of anyone.
Held: Buxton LJ dealt with this submission peremptorily: ‘That argument only has to be stated for it to be seen that it be extremely odd if it were correct. Once a person surrenders at the court as Mr Rumble did and was obliged by law to do, it would be very surprising indeed if the court’s right to control him, and his vulnerability to the offence of escaping, depended upon the precise nature of the physical constraints imposed upon him.’ The common law of offence of escape which is indictable and for which the sentence is at large.
Judges:
Buxton LJ
Citations:
[2003] EWCA Crim 770, (2003) 167 JP 205
Jurisdiction:
England and Wales
Cited by:
Cited – Evans, Regina v CACD 16-Nov-2011
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to . .
Cited – Dhillon, Regina v CACD 23-Nov-2005
The defendant had been arrested and then taken to hospital for treatment. On completion of his treatment, he could not find the constable, so went home. He now appealed from conviction of escape contrary to common law.
Held: The prosecution . .
Cited – Jalloh, Regina (on the application of) v Secretary of State for the Home Department SC 12-Feb-2020
Claim for damages for false imprisonment brought in judicial review proceedings challenging the legality of a curfew imposed upon the claimant, purportedly under paragraph 2(5) of Schedule 3 to the Immigration Act 1971.
Held: The Court of . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 05 June 2022; Ref: scu.471545
