Feeney, R v [2014] NIQB 107 (11 September 2014)

Feeney, R v [2014] NIQB 107 (11 September 2014)

Even if the High Court has inherent jurisdiction to hear a bail application after refusal by the Crown Court, it should only be exercised in wholly exceptional circumstances where the interests of justice require it. No such exceptional circumstances exist in this case.

Citation
[2014] NIQB 107
Parties
Prosecution: Regina; Defendant: Cathal Feeney
Jurisdiction
Northern Ireland
Judgment Date
11 September 2014
Procedural Posture
Criminal / Application for High Court Bail After Crown Court Refusal
Outcome
application dismissed
Legal Topics
Bail, Inherent Jurisdiction, Judicial Review, Crown Court Powers
Criminal Law Procedure Bail Inherent Jurisdiction Judicial Review Crown Court Powers

Case Brief

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Parties

Regina

Prosecution

Cathal Feeney

Defendant

Procedural Posture

Criminal / Application for High Court Bail After Crown Court Refusal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear a bail application after refusal by the Crown Court
  2. 2 In what circumstances, if any, should the High Court exercise such jurisdiction
  3. 3 Whether the circumstances of this case justify the High Court hearing the application

Ratio Decidendi

Even if the High Court has inherent jurisdiction to hear a bail application after refusal by the Crown Court, it should only be exercised in wholly exceptional circumstances where the interests of justice require it. No such exceptional circumstances exist in this case.

Court Disposition

application dismissed

Orders

  • The High Court declines to hear the bail application.