Shergill, R (on the application of) v Harrow Crown Court & Anor [2005] EWHC 648 (Admin) (07 April 2005)

Shergill, R (on the application of) v Harrow Crown Court & Anor [2005] EWHC 648 (Admin) (07 April 2005)

The refusal of bail was within the bounds of reasonableness given the claimant's breach of bail conditions, and section 29(3) Supreme Court Act 1981 does not exclude judicial review of such a decision prior to commencement of trial.

Citation
[2005] EWHC 648 (Admin)
Parties
Claimant: Shergill; First Defendant: Harrow Crown Court; Second Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
07 April 2005
Procedural Posture
Judicial Review / Substantive Hearing Following Grant of Permission
Outcome
Claim dismissed
Legal Topics
Bail, Refusal of Bail, Judicial Review of Bail Decisions, Section 29(3) Supreme Court Act 1981, Article 5 ECHR
Criminal Law Judicial Review Bail Refusal of Bail Judicial Review of Bail Decisions Section 29(3) Supreme Court Act 1981 Article 5 ECHR

Case Brief

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Parties

Shergill

Claimant

Harrow Crown Court

First Defendant

Crown Prosecution Service

Second Defendant

Procedural Posture

Judicial Review / Substantive Hearing Following Grant of Permission

Legal Issues

  1. 1 Whether judicial review is available to challenge a Crown Court refusal of bail after arraignment
  2. 2 Whether the Crown Court judge's reasons for refusing bail were sufficient and reasonable

Ratio Decidendi

The refusal of bail was within the bounds of reasonableness given the claimant's breach of bail conditions, and section 29(3) Supreme Court Act 1981 does not exclude judicial review of such a decision prior to commencement of trial.

Court Disposition

Claim dismissed

Orders

  • Claim for judicial review is dismissed