E and X', Re Bail [2014] NIQB 20 (11 February 2014)

E and X', Re Bail [2014] NIQB 20 (11 February 2014)

The existence of a strong prima facie case against the applicants, irrespective of forensic evidence, means that any delay in provision of forensic evidence does not impact the bail applications. Delay in forensic evidence is only material where the prima facie case is weak and the accused is in custody.

Citation
[2014] NIQB 20
Parties
Applicant: E; Applicant: X; Respondent: Public Prosecution Service (PPS)
Jurisdiction
Northern Ireland
Judgment Date
11 February 2014
Procedural Posture
Bail Application / Interlocutory
Outcome
bail refused
Legal Topics
Bail, Forensic Evidence, Undue Delay, Service Level Agreements
Criminal Law Bail Procedure Bail Forensic Evidence Undue Delay Service Level Agreements

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Parties

E

Applicant

X

Applicant

Public Prosecution Service (PPS)

Respondent

Procedural Posture

Bail Application / Interlocutory

Legal Issues

  1. 1 Whether delay in forensic evidence provision constitutes undue delay affecting bail entitlement
  2. 2 Whether the strength of the prima facie case justifies continued detention

Ratio Decidendi

The existence of a strong prima facie case against the applicants, irrespective of forensic evidence, means that any delay in provision of forensic evidence does not impact the bail applications. Delay in forensic evidence is only material where the prima facie case is weak and the accused is in custody.

Court Disposition

bail refused