The defendant appealed against refusal of bail after a hearing held in her absence. She was thought to have tuberculosis, and had been spitting at people from her cell. No solicitor could be found to represent her. The magistrates had thought that her sputum was infectious.
Held: In the circumstances the magistrates had been justified: ‘The only guidance that I would be inclined to give is to say that when on a bail application, a person is legally represented and the magistrates form the view that there is a risk that the applicant for bail is suffering from a highly infectious disease, the magistrates are entitled to exclude that applicant from the hearing.’
Schiemann LJ
[1998] EWHC Admin 487
Bailii
England and Wales
Updated: 23 September 2021; Ref: scu.138608