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 grant of bail unless there are good reasons to refuse. The approach therefore really is not should there be bail granted but should custody be opposed, that is, is it necessary for the defendant to be in custody. That is the approach that the court should take. Only if persuaded that it is necessary should a remand in custody take place. It would be necessary if the court decides that whatever conditions can be reasonably imposed in relation to bail there are nevertheless substantial grounds for believing that the defendant will either fail to surrender to custody, commit an offence, interfere with witnesses or otherwise obstruct justice.’
Judges:
Collins J
Citations:
Unreported, 6 October 2005
Statutes:
Bail Act 1976, European Convention on Human Rights 5
Jurisdiction:
England and Wales
Cited by:
Cited – Fergus, Regina (On the Application of) v Southampton Crown Court Admn 4-Dec-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice, Human Rights
Updated: 15 July 2022; Ref: scu.375583