||All England Reporter
|| All ER (D) 321 (Apr)
|| EWHC 703 (Admin)
||Hugh Southey (instructed by Coninghams, Twickenham) for the defendant.
||Christopher Hehir (instructed by the Crown Prosecution Service) for the prosecution.
||15 April 2005
Criminal evidence and procedure - Bail - Refusal - Consideration of treatment in custody.
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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