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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> R, R (on the application of) v Snaresbrook Crown Court  EWHC 3569 (Admin) (08 December 2011)
Cite as:  EWHC 3569 (Admin)
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QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF R||Claimant|
|SNARESBROOK CROWN COURT||Defendant|
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(Official Shorthand Writers to the Court)
Mr S Hadley (instructed by CPS) appeared on behalf of the Interested Party
Crown Copyright ©
Upon hearing counsel on behalf of the claimant and the CPS as interested party and upon the claimant's father, Mr R, personally undertaking to the court, on affirmation, that:
(i) he will stand surety in the sum of £500 and personally inform the Snaresbrook Crown Court forthwith if the claimant breaches any conditions of bail; and
(ii) he will personally drive the claimant to Snaresbrook Crown Court on 9 January 2012, or whenever the date of sentence is fixed, and ensure his timely attendance for sentence.
So on those preambles it is ordered that:
(i) permission to apply for judicial review is granted;
(ii) the claim for judicial review is allowed;
(iii) the decision of the Snaresbrook Crown Court on 24 November 2011 not further to grant bail is set aside;
(iv) bail must forthwith be granted to R upon the conditions in the schedule to this order. Are there any ways in which you propose amending or adding to that draft Mr Blake-James?
"Immediately after the majority direction had been given, and the jury had retired once more, the judge simply stated to R: 'a custodial sentence is inevitable - you will be remanded into custody'. I [that is, Mr Blake-James] indicated to the judge that I would seek to persuade otherwise, to which the answer was 'no'. The learned judge had clearly made up his mind and it was clear that further argument was neither invited nor welcome."
"(1)A person to whom this section applies shall be granted bail except as provided in Schedule 1 to this Act."
I note the mandatory word "shall". By subsection (4), section 4 does apply to a person, which was the position of this claimant at the material time, who has been convicted of an offence and whose case is adjourned by the court for the purpose of enabling enquiries or a report to be made to assist the court in dealing with him for the offence.
"2.(1) The defendant need not be granted bail if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail (whether subject to conditions or not) would -
(a)fail to surrender to custody, or
(b)commit an offence while on bail, or
(c)interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person."
"The defendant need not be granted bail if the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare."
"Where a magistrates' court or the Crown Court—
(a)withholds bail in criminal proceedings... and does so in relation to a person to whom section 4 of this Act applies [and the claimant was such a person], then the court shall... give reasons for withholding bail or for imposing or varying the conditions. "