||All England Reporter
|| All ER (D) 234 (Jul)
Brooke LJ, Morison and Stanley Burnton JJ
||Ashley Ailes (instructed by Lemon Line & Felton) for the claimant.
||David Sapiecha (instructed by the Crown Prosecution Service) for the prosecution.
||Hugo Keith (instructed by the Treasury Solicitor) as amicus curiae.
||18 July 2001
Criminal law - Bail - Surety - Forfeiture - Magistrates' court - Defendant owning property subject to mortgage in favour of defendant's mother - Title deeds deposited with court as surety - Defendant failing to surrender to custody - Court ordering deeds not to be released save on payment of £100,000 - Defendant's beneficial interest in land less than £100,000 - Whether court having power to make order - Guidance - ss 3, 5.
Where justices had accepted a surety from the defendant in the sum of 100,000 and made the deposit of title deeds of his property with the court as a condition of the defendant's bail under the and the property was subject to a registered mortgage in favour of a third party so that the defendant's beneficial interest in the property was less than 100,000, the court could not order that those deeds were not to be released upon the non-appearance of the defendant where the order related to a beneficial interest in the property other that of the defendant.
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