Source: All England Reporter
Publisher Citation: [2005] All ER (D) 321 (Apr)
Neutral Citation: [2005] EWHC 703 (Admin)
Court: Administrative Court
Judge:

Gibbs J

Representation Hugh Southey (instructed by Coninghams, Twickenham) for the defendant.
  Christopher Hehir (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 15 April 2005

Catchwords

Criminal evidence and procedure - Bail - Refusal - Consideration of treatment in custody.

The Case

Although it was only in very rare cases that the High Court should interfere with the decisions of experienced Crown Court judges, the judge in the instant case had, on the basis of a concession by the prosecution, erred in law by refusing to grant the defendant bail. It was a credible, if not the only, interpretation of the judge's words that he had found in principle that the defendant's treatment in prison could not be a reason for granting bail.

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