Dinely, In the Matter of [2000] NIQB 52 (8th November, 2000)

Dinely, In the Matter of [2000] NIQB 52 (8th November, 2000)

There is no absolute right for a bail applicant to be physically present in court under Article 5(4) ECHR; participation via live video link with representation satisfies the requirement. The applicant is not entitled as of right to general disclosure of all police files, but is entitled to disclosure of documents upon which the prosecution relies to oppose bail, unless there is good reason for non-disclosure.

Citation
[2000] NIQB 52
Parties
Applicant: Paul Robert Dinely
Jurisdiction
Northern Ireland
Procedural Posture
Bail Application / Pre Trial, Preliminary Issues
Outcome
Application for physical presence and general disclosure refused; limited disclosure ordered as appropriate.
Legal Topics
Bail, Disclosure, Right to Be Heard, Equality of Arms, Video Link Hearings
Criminal Law Human Rights Law Bail Disclosure Right to Be Heard Equality of Arms Video Link Hearings

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Parties

Paul Robert Dinely

Applicant

Procedural Posture

Bail Application / Pre Trial, Preliminary Issues

Legal Issues

  1. 1 Whether an applicant for bail must be physically present in court or may appear via live video link under Article 5(4) ECHR
  2. 2 Whether the applicant or his counsel is entitled to see all police files available to the prosecution to ensure equality of arms under Article 5(4) ECHR

Ratio Decidendi

There is no absolute right for a bail applicant to be physically present in court under Article 5(4) ECHR; participation via live video link with representation satisfies the requirement. The applicant is not entitled as of right to general disclosure of all police files, but is entitled to disclosure of documents upon which the prosecution relies to oppose bail, unless there is good reason for non-disclosure.

Court Disposition

Application for physical presence and general disclosure refused; limited disclosure ordered as appropriate.

Orders

  • Applicant may participate in bail hearing via live video link.
  • Applicant's counsel entitled to disclosure of documents relied upon by prosecution to oppose bail, unless good reason exists for non-disclosure.