Flack v DPP & Anor [2000] NSWSC 125

The magistrate had no jurisdiction under the Bail Act 1978 to revoke bail before completion of the review proceedings; and having revoked bail mid-review, there existed a reasonable apprehension of prejudgment, warranting disqualification from further hearing.

Parties: Plaintiff: Glen Roderick Flack; 1st Defendant: Director of Public Prosecutions; 2nd Defendant: Michael Price
Jurisdiction: Australia
Judgment Date: 09 March 2000
Procedural Posture: Judicial Review / Judgment
Outcome: Revocation of bail quashed and matter remitted for rehearing by another magistrate; plaintiff released from custody and subject to prior bail determination.
Legal Topics: Bail, Judicial Review, Disqualification of Magistrate

Criminal Law Bail Judicial Review Disqualification of Magistrate

Case Brief

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Parties

Glen Roderick Flack

Plaintiff

Director of Public Prosecutions

1st Defendant

Michael Price

2nd Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 whether magistrate had jurisdiction to revoke bail before review proceedings completed
2 whether magistrate is disqualified from further hearing after revoking bail mid-proceedings

Ratio Decidendi

Court Disposition

Revocation of bail quashed and matter remitted for rehearing by another magistrate; plaintiff released from custody and subject to prior bail determination.

Orders

Declarations issued that 2nd defendant lacked jurisdiction to revoke bail and is disqualified from further hearing
Orders of 18 February and 29 February 2000 refusing bail quashed