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Challenges to constitutionality of bail legislation not made out in habeas corpus application
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Court of Appeal dismisses appeal in habeas corpus proceedings, and affirms High Court order refusing to direct the release of the appellant, who was remanded in custody based on the opinion evidence of a Chief Superintendent given at the bail hearing after being charged with murder, on the grounds that challenges to the constitutionality of the relevant legislation have not been made out, and the opinion evidence was far from being the only evidence in support of the bail objections.
Criminal law – appeal of High Court order refusing to direct the release of the appellant pursuant to article 40.4.2 of the Constitution – habeas corpus – bail – s. 2A of the Bail Act 1997 – s. 7 of the Criminal Justice Act 2007 – opinion evidence of a Chief Superintendent given at the bail hearing after the applicant was charged with murder – hearsay evidence – evidence rendered admissible by virtue of s. 2A was certainly significant evidence but was very far from being the only evidence in support of the s. 2 objection – challenges to the constitutionality of s. 2 (to the extent that it has featured in the present hearing) and to that of s. 2A, respectively, of the Act of 1997 have not been made out – appeal dismissed.
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