| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 106 (Aug) |
| Court: | Court of Appeal, Criminal Division |
| Judge: | Rose LJ, Rafferty and Grigson JJ |
| Representation | Tim Owen QC (assigned by the Registrar of Criminal Appeals) for the defendant. |
| Peter Henry (instructed by the Serious Fraud Office) for the Crown. | |
| Judgment Dates: | 21 August 2003 |
Catchwords
Criminal evidence and procedure - Bail - Breach of bail condition - Defendant committing flagrant breaches of conditions of bail but surrendering to custody when required - Conviction for criminal contempt of court - Appropriateness of conviction - .
The Case
Where a defendant breached conditions of bail but surrendered to custody on time, a judge had no power to convict the defendant of criminal contempt of court under s6(1) of the . There were potentially two routes of redress for such breaches: bail could be revoked or, if the breach of condition constituted an interference with the administration of justice, such as by approaching a witness, a defendant could be prosecuted for such an offence.
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