The claimant said that the system for withholding bail in criminal proceedings in Northern Ireland had infringed her human rights. She was accused of murder, had been convicted but that conviction had been overturned and she was awaiting a second trial. She was the mother of triplets aged 6, and the prosecution did not object to bail.
Held: The claim succeeded. There was insufficient clarity as to the reasons for withholding bail. The nearness of a forthcoming trial was not a relevant consideration, and nor in the light of the prosecution’s attitude was it proper to conclude that she might flee.
Citations:
1271/05, [2007] ECHR 952, Times 28-Nov-2007, [2010] ECHR 986
Links:
Statutes:
European Convention on Human Rights 5
Jurisdiction:
Human Rights
Human Rights, Criminal Practice, Northern Ireland
Updated: 12 July 2022; Ref: scu.261415
