Scott (Bail: immediate effect) [2016] NIQB 54 (27 May 2016)

Scott (Bail: immediate effect) [2016] NIQB 54 (27 May 2016)

The bail application is dismissed without adjudication on the merits because the applicant's licence has been revoked and he is recalled to custody; bail would have no immediate effect, and the Parole Commissioners must first determine the licence status before bail can be considered.

Citation
[2016] NIQB 54
Parties
Applicant: Robert Linton Scott; Respondent: Prosecution
Jurisdiction
Northern Ireland
Judgment Date
27 May 2016
Procedural Posture
Bail Application / Second High Court Bail Application Following Licence Revocation and Recall
Outcome
application dismissed
Legal Topics
Bail, Licence Revocation, Parole Commissioners, Article 5 ECHR
Criminal Law Prison Law Human Rights Law Bail Licence Revocation Parole Commissioners Article 5 ECHR

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Parties

Robert Linton Scott

Applicant

Prosecution

Respondent

Procedural Posture

Bail Application / Second High Court Bail Application Following Licence Revocation and Recall

Legal Issues

  1. 1 Is it appropriate for a bail court to hear an application when the applicant's licence has been revoked and he is recalled to prison?
  2. 2 Should bail be granted if it will not secure immediate liberty for the applicant?
  3. 3 What is the correct sequence of decision-making between bail courts and Parole Commissioners?

Ratio Decidendi

The bail application is dismissed without adjudication on the merits because the applicant's licence has been revoked and he is recalled to custody; bail would have no immediate effect, and the Parole Commissioners must first determine the licence status before bail can be considered.

Court Disposition

application dismissed

Orders

  • Bail application dismissed without adjudication on the merits due to licence revocation and recall; applicant entitled to hearing before Parole Commissioners regarding licence.