Remice v HMP Belmarsh [2007] EWHC 936 (Admin) (27 March 2007)

Remice v HMP Belmarsh [2007] EWHC 936 (Admin) (27 March 2007)

The Crown Court, when remanding a defendant in custody for more than eight days following a successful prosecution appeal against bail, must apply the procedural safeguards of section 128A(2) of the Magistrates' Courts Act 1980. Failure to do so renders the detention unlawful and justifies the issue of a writ of...

Source-derived case information.

Citation
[2007] EWHC 936 (Admin)
Parties
Claimant: Andrew Remice; Defendant: HMP Belmarsh; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
27 March 2007
Procedural Posture
Application for Writ of Habeas Corpus / Judgment on Application
Outcome
Writ of habeas corpus granted
Legal Topics
Habeas Corpus, Remand in Custody, Bail Appeals, Magistrates' Courts Act 1980
Criminal Law Constitutional Law Habeas Corpus Remand in Custody Bail Appeals Magistrates' Courts Act 1980

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Parties

Andrew Remice

Claimant

HMP Belmarsh

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Application for Writ of Habeas Corpus / Judgment on Application

Legal Issues

  1. 1 Whether the claimant was unlawfully detained due to failure to comply with section 128A(2) of the Magistrates' Courts Act 1980 after a successful prosecution appeal against bail.
  2. 2 Whether the Crown Court is required to apply the provisions of section 128A(2) when remanding a defendant in custody for more than eight days after a bail appeal.

Ratio Decidendi

The Crown Court, when remanding a defendant in custody for more than eight days following a successful prosecution appeal against bail, must apply the procedural safeguards of section 128A(2) of the Magistrates' Courts Act 1980. Failure to do so renders the detention unlawful and justifies the issue of a writ of habeas corpus.

Court Disposition

Writ of habeas corpus granted

Orders

  • Issue of writ of habeas corpus ordered
  • Costs to be paid out of central funds, subject to taxation