Legal first: successful judicial review claim on bail appeals
For the first time in England and Wales, a claimant has succeeded in a judicial review claim about the law of bail appeals under the Bail (Amendment) Act 1993. Alex Benn appeared for the claimant.
In R (Molina) v Snaresbrook Crown Court [2024] EWHC 816 (Admin), the High Court granted the claim on all grounds of challenge. In its reasoning, the court took a firm approach to protecting a person’s liberty, a theme also seen in recent decisions on writs of habeas corpus.
Sitting as the Divisional Court due to the nature of the case, Davies LJ and Bennathan J held that the Resident Judge of Snaresbrook Crown Court had: (1) exceeded her jurisdiction; (2) erred in law by deciding that the required oral notice had been given and written notice served; and (3) erred in law by deciding that, in any event, bail was a matter for her because the case was listed in the Crown Court. The court also held that the Crown Prosecution Service had proceeded when it knew—or should have known—that there was no jurisdiction to do so.
Read more detail on RLC’s website: https://redlionchambers.co.uk/legal-first-successful-judicial-review-claim-on-bail-appeals/
The judgment can be read in full here: https://www.bailii.org/ew/cases/EWHC/Admin/2024/816.html
Alex Benn was instructed by Canel Halil of Emery Halil Brown Solicitors. The judgment commends Canel for fulfilling his duty to the courts and serving his client’s best interests.
