In R (Molina) v Snaresbrook Crown Courtroom [2024] EWHC 816 (Admin), the Excessive Courtroom granted the declare on all grounds of problem. In its reasoning, the court docket took a agency method to defending an individual’s liberty, a theme additionally seen in current selections on writs of habeas corpus.
Sitting because the Divisional Courtroom as a result of nature of the case, Davies LJ and Bennathan J held that the Resident Decide of Snaresbrook Crown Courtroom had: (1) exceeded her jurisdiction; (2) erred in legislation by deciding that the required oral discover had been given and written discover served; and (3) erred in legislation by deciding that, in any occasion, bail was a matter for her as a result of the case was listed within the Crown Courtroom. The court docket additionally held that the Crown Prosecution Service had proceeded when it knew—or ought to have recognized—that there was no jurisdiction to take action.
Learn extra element on RLC’s web site: https://redlionchambers.co.uk/legal-first-successful-judicial-review-claim-on-bail-appeals/
The judgment might be learn in full right here: https://www.bailii.org/ew/instances/EWHC/Admin/2024/816.html
Alex Benn was instructed by Canel Halil of Emery Halil Brown Solicitors. The judgment commends Canel for fulfilling his responsibility to the courts and serving his shopper’s greatest pursuits.
