Source: All England Reporter
Publisher Citation: [2001] All ER (D) 56 (Jan)
Court: Divisional Court
Judge:

Lord Woolf CJ and Newman J
Representation Deborah Sherwin (instructed by Smith Roddam) for E.
  The respondent did not appear and was not represented.
Judgment Dates: 16 January 2001

Catchwords

Criminal law - Bail - Magistrates' court - Arrest of bailed defendant for breaking bail conditions imposed by Crown Court - Defendant appearing before magistrates for breach of bail conditions - Magistrates remanding defendant in custody to appear at Crown Court for Crown Court to deal with question of bail - Whether remand by magistrates a nullity - s 7.

The Case

It was not possible to commit a defendant who had breached his conditions of bail to the Crown Court for that court to deal with the question of bail. The jurisdiction of the magistrates under s7 in respect of breaches of bail conditions had to be exercised by them. It would then be open to the defendant to make an application to the Crown Court or to a judge in chambers for bail.

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