Berris Law Solicitors has secured a significant High Court victory after successfully challenging a Crown Court decision to revoke a defendant’s bail without proper justification.
The ruling reinforces the importance of transparency, fairness, and reasoned decision making within the criminal justice system, and highlights Berris Law’s commitment to protecting clients’ fundamental rights.
The Proceedings
Background To The Decision
During Crown Court proceedings, a Circuit Judge ordered that the defendant’s bail be revoked, citing concerns that the defendant might abscond.
This decision was made despite the defendant having remained fully compliant with bail conditions for many months. There had been no change in circumstances, no breaches of bail, and no new information placed before the court to support the conclusion reached.
When the defence sought clarification on the basis for the decision, no explanation was provided. As a result, the defence was denied any meaningful opportunity to respond.
Swift Action by Berris Law
Given the seriousness of the situation, Managing Partner of Berris Law Solicitors, Seema Dosaj, immediately pursued an application for judicial review in the High Court.
The case raised important legal questions, including whether bail decisions fall within the statutory restriction on judicial review relating to trials on indictment, and whether Crown Court bail decisions are reviewable at all.
Relying on established authority and more recent statutory developments, the defence argued that early stage bail decisions do not relate to trial on indictment. It was further submitted that Parliament has expressly preserved the availability of prerogative remedies, including judicial review, in appropriate cases.
The High Court’s Findings
The High Court accepted the defence submissions in full.
Sir Peter Lane held that the decision to revoke bail was irrational and constituted a breach of natural justice. In particular, the court found that:
- The parties were not given notice that bail would be reconsidered;
- No proper reasons were provided for the decision;
- Relevant information was not permitted to be placed before the court; and
- The procedural handling of the matter prevented effective review by another judge.
While recognising that judicial review of bail decisions should only be exercised in exceptional circumstances, the High Court concluded that this was precisely such a case.
The Outcome
The order revoking bail was quashed, and the defendant was reinstated on bail.
Upholding Fairness and Due Process
This outcome reflects Berris Law’s readiness to act decisively when judicial decisions fall short of fundamental standards of fairness.
Through detailed legal analysis, determined advocacy, and a client focused approach, the firm ensured that the principles of natural justice were upheld and that an unlawful deprivation of liberty was corrected.
Berris Law continues to provide fearless representation in complex criminal matters, particularly where urgent intervention is required to protect a client’s rights.
