Bail refusal held to be breach of right to liberty

Human Rights: Liverpool court overturns lower decision

Refusing bail to a person unlikely to commit further offences, interfere with witnesses or refuse to appear for court hearings is a breach of the Human Rights Act 1998 (HRA).In R v Nye, an application to Liverpool High Court to review an earlier Crown Court decision to refuse bail to an applicant, Mr Justice Morland ruled that the appellant had 'at no time used or threatened violence against the complainant', and 'there was no evidence that the appellant, would fail to surrender to custody'.He ruled that the earlier refusal to grant bail was in breach of article 5 of the HRA, which states 'everyone has the right to liberty and security'.

Elsewhere, article 8 of the act (the right to family life) has been used to allow a homeless mother to remain with her daughter.

Local authorities have, in the past, taken children into care rather than provide families with housing.

London-based civil liberties firm Bindman & Partners, acting for homeless woman Mrs J, successfully argued that under section 8 of the HRA, when families faced separation, councils faced a duty to act under the Local Government Act 2000.

Victoria MacCallum