Khan, R (on the application of) v Crown Prosecution Service

Khan, R (on the application of) v Crown Prosecution Service

The refusal of bail was procedurally unfair due to lack of notice, inability of the claimant to attend or instruct counsel, and failure to disclose material relied upon; therefore, the decision must be quashed and the bail application reheard as a first application before a different judge.

Parties
Claimant: Jamal Khan; Defendant: Leicester Crown Court; Interested Party: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
18 April 2008
Procedural Posture
Judicial Review / Judgment on Substantive Claim After Permission Granted
Outcome
Claim allowed
Legal Topics
Refusal of Bail, Procedural Fairness, Judicial Review of Crown Court Decisions
Criminal Law Judicial Review Bail Refusal of Bail Procedural Fairness Judicial Review of Crown Court Decisions

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Parties

Jamal Khan

Claimant

Leicester Crown Court

Defendant

Crown Prosecution Service

Interested Party

Procedural Posture

Judicial Review / Judgment on Substantive Claim After Permission Granted

Legal Issues

  1. 1 Whether the refusal of bail by the Crown Court judge was procedurally fair
  2. 2 Whether judicial review is available in the circumstances of this bail refusal

Ratio Decidendi

The refusal of bail was procedurally unfair due to lack of notice, inability of the claimant to attend or instruct counsel, and failure to disclose material relied upon; therefore, the decision must be quashed and the bail application reheard as a first application before a different judge.

Court Disposition

Claim allowed

Orders

  • Declaration that the bail application be reheard before a different judge at Leicester Crown Court as a first application for bail, without need to show change of circumstances.
  • CPS to pay half the costs; no order as to the other half.