Clause 15 - Appeals by prosecution
Criminal Justice Bill
Public Bill Committees, 9 January 2003, 9:15 am
Mr Simon Hughes (North Southwark & Bermondsey, Liberal Democrat)
I am supportive of the principle behind the clause. However, I have a question about the time scale. The clause refers to a two-part process: the granting of bail and the prosecution's appeal. If the prosecution appealed, would bail not be granted until the appeal was heard—that is, would the appeal act as a stay? The question raises an important issue, because if so, a court that had decided that there should be conditions of bail would have its decision overridden without the High Court's having a review to change that. The issue touches on an important principle, in terms of liberty and who eventually has the decision. The argument does not apply in the other direction, in the case of the person who is inside. On the traditional defence appeal for bail in cases in which the lower court has refused it, the old position properly stands until it is reversed. Therefore, there is no liberty question.