A court granted bail subject to provision of title deeds to a property as security. The defendant deposited a charge certificate with the owner’s consent, but then absconded. The court sought to forfeit the entire property, the owner of the charge sought to protect her interest.
Held: The court had not made clear just what it wanted to obtain as security. It was the defendant who gave security, and any security should be limited to his interest. Loose reference to title deeds in such an order was only likely to lead to confusion, and courts might follow the advice given that they should generally seek cash or banker’s drafts for security. The court should not become involved in questioning the arrangement between the defendant and any third party providing security.
Judges:
Brooke LJ, Morison J
Citations:
Times 27-Jul-2001, Gazette 06-Sep-2001, [2001] EWHC Admin 558, [2001] EWHC QB 385
Links:
Statutes:
Bail Act 1976 (5), Crime and Disorder Act 1998 54(1)
Jurisdiction:
England and Wales
Criminal Practice
Updated: 15 August 2022; Ref: scu.136163