Shergill, R (on the application of) v Harrow Crown Court & Anor

Shergill, R (on the application of) v Harrow Crown Court & Anor

The decision to refuse bail was not outside the bounds of reasonableness given the claimant's breach of bail conditions. Section 29(3) of the Supreme Court Act 1981 does not prevent judicial review of bail decisions before trial commences, and the reasons given were sufficient in the circumstances.

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 After Permission Granted
Outcome
Claim dismissed
Legal Topics
Bail, Jurisdiction of Judicial Review, Reasoned Decisions, Article 5 ECHR
Criminal Law Judicial Review Bail Jurisdiction of Judicial Review Reasoned Decisions Article 5 ECHR

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Shergill

Claimant

Harrow Crown Court

First Defendant

Crown Prosecution Service

Second Defendant

Procedural Posture

Judicial Review / Substantive Hearing After Permission Granted

Legal Issues

  1. 1 Whether judicial review lies against a Crown Court decision refusing bail after arraignment
  2. 2 Whether the reasons given for refusal of bail were sufficient

Ratio Decidendi

The decision to refuse bail was not outside the bounds of reasonableness given the claimant's breach of bail conditions. Section 29(3) of the Supreme Court Act 1981 does not prevent judicial review of bail decisions before trial commences, and the reasons given were sufficient in the circumstances.

Court Disposition

Claim dismissed