Source: All England Reporter
Publisher Citation: [2002] All ER (D) 110 (Oct)
Court: Divisional Court

Latham LJ and McCombe J

Representation Andrew McCullough (instructed by the Crown Prosecution Service, Lancashire) for the prosecution.
  David Perry (instructed by the Treasury Solicitor) for the justices.
Judgment Dates: 9 October 2002


Criminal law - Bail - Condition - Validity - Condition to present self at door of residence on requirement by police officer so to do during hours of curfew - Whether imposition of condition lawful - Whether bail legislation compatible with Convention - Whether legislation proportionate - ss 3(6) - European Convention on Human Rights, arts 5, 8.

The Case

As a matter of statutory construction, there was power under s3(6) to impose a condition that the accused, during the hours of curfew, should present himself at the entrance of his residence when required so to do by a police officer, but it was a question of fact in each case as to whether such a condition would be necessary.

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