The applicant challenged the withdrawal of bail on surrender to the Crown Court.
Held: Applying the case of Thompson, ‘bearing in mind the presumption in favour of granting bail and the high threshold that a defendant should only be remanded in custody if it was ‘necessary’.’ The defendant had been on bail for four months, and had surrendered when required to do so, and no good reason had been put forward by the judge nor by the Crown Prosecution Service to establish one of the statutory grounds as to why bail should be refused. The decision was quashed.
Silber J
[2008] EWHC 3273 (Admin)
Bailii
Bail Act 1976
England and Wales
Citing:
Cited – Regina (on application of Thompson) v Central Criminal Court Admn 6-Oct-2005
Collin J considered the relation between the withholding of bail and human rights law saying: ‘The approach under the Bail Act is entirely consistent with the approach of the European Court as regarded proper under Article 5, namely there must be a . .
Cited – M v Isleworth Crown Court and Another Admn 2-Mar-2005
The court considered an appeal by way of judicial review of a refusal of bail.
Held: There was jurisdiction to consider a claim that bail had been refused in circumstances which showed that that refusal was erroneous in law, but that it was . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 October 2021; Ref: scu.375537