Thomas v Crown Prosecution Service

Thomas v Crown Prosecution Service

Section 113 of the Magistrates' Courts Act 1980 creates an entitlement to apply for bail pending appeal in every properly constituted case and imposes an obligation on the Magistrates' Court to consider such applications; the court cannot decline to hear a properly constituted bail application.

Source-derived case information.

Parties
Appellant: Thomas; Respondent: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
02 December 2015
Procedural Posture
Criminal Appeal by Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Bail Pending Appeal, Magistrates' Court Jurisdiction, Case Management, Protection From Harassment Act
Criminal Law Procedure Bail Pending Appeal Magistrates' Court Jurisdiction Case Management Protection From Harassment Act

Source-derived case record

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Thomas

Appellant

Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal by Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether Section 113 of the Magistrates' Courts Act 1980 creates an entitlement to apply for bail pending appeal in every case
  2. 2 Whether Section 113 places an obligation on the Magistrates' Court to hear an application for bail pending appeal

Ratio Decidendi

Section 113 of the Magistrates' Courts Act 1980 creates an entitlement to apply for bail pending appeal in every properly constituted case and imposes an obligation on the Magistrates' Court to consider such applications; the court cannot decline to hear a properly constituted bail application.

Court Disposition

appeal allowed

Orders

  • Section 113 creates an entitlement to apply for bail pending appeal in every properly constituted case.
  • Section 113 places an obligation on the Magistrates' Court to consider such applications.