Dewhurst v Crown Prosecution Service

Dewhurst v Crown Prosecution Service

The risk of the claimant not returning to the United Kingdom is relatively low due to his strong local ties, family situation, and the security deposit; therefore, bail conditions should be varied to allow temporary travel.

Parties
Claimant: Mark Dewhurst; Defendant: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 February 2007
Procedural Posture
Judicial Review / Application to Vary Bail Conditions in Extradition Proceedings
Outcome
application granted
Legal Topics
Bail Variation, Extradition Proceedings, European Arrest Warrant
Criminal Law Extradition Law Bail Variation Extradition Proceedings European Arrest Warrant

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Parties

Mark Dewhurst

Claimant

The Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Application to Vary Bail Conditions in Extradition Proceedings

Legal Issues

  1. 1 Whether the bail conditions in extradition proceedings should be varied to allow the claimant to travel abroad temporarily

Ratio Decidendi

The risk of the claimant not returning to the United Kingdom is relatively low due to his strong local ties, family situation, and the security deposit; therefore, bail conditions should be varied to allow temporary travel.

Court Disposition

application granted

Orders

  • Bail conditions in the extradition proceedings are varied to allow the claimant's passport to be returned upon deposit of £2,000 in cash.
  • The claimant must surrender his passport within 24 hours of return to the UK or by 15 March, whichever is earlier.