I, R (on the application of) v City of Westminster Magistrates' Court & Anor [2008] EWHC 2146 (Admin) (28 August 2008)

I, R (on the application of) v City of Westminster Magistrates' Court & Anor [2008] EWHC 2146 (Admin) (28 August 2008)

There is no arguable claim that the absence of a power to grant conditional bail prior to charge under section 41 and Schedule 8 of the Terrorism Act 2000 is incompatible with Article 5 ECHR, as the statutory scheme provides adequate judicial safeguards and Article 5 does not require such a power at this stage.

Citation
[2008] EWHC 2146 (Admin)
Parties
Claimant: I; First Defendant: City of Westminster Magistrates' Court; Second Defendant: The Chief Constable of Manchester Police; Interested Party: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
28 August 2008
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission for judicial review refused
Legal Topics
Detention Under Terrorism Act 2000, Bail Prior to Charge, Article 5 ECHR, Judicial Powers in Terrorism Cases
Criminal Law Human Rights Law Judicial Review Detention Under Terrorism Act 2000 Bail Prior to Charge Article 5 ECHR Judicial Powers in Terrorism Cases

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Parties

I

Claimant

City of Westminster Magistrates' Court

First Defendant

The Chief Constable of Manchester Police

Second Defendant

The Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether there is or should be a power to grant conditional bail prior to charge under section 41 and Schedule 8 of the Terrorism Act 2000
  2. 2 Whether the absence of such power is incompatible with Article 5 of the European Convention on Human Rights

Ratio Decidendi

There is no arguable claim that the absence of a power to grant conditional bail prior to charge under section 41 and Schedule 8 of the Terrorism Act 2000 is incompatible with Article 5 ECHR, as the statutory scheme provides adequate judicial safeguards and Article 5 does not require such a power at this stage.

Court Disposition

Permission for judicial review refused

Orders

  • Permission for judicial review is refused as the claim is unarguable.
  • Any application for costs by the second defendant to be supported by a schedule within seven days, with representations and responses to follow as directed.