Criminal

Bail - appeal to Crown Court against grant of bail - appeal hearing to commence within 48 hours of date of oral notice of appealR v Middlesex Guildhall Crown Court, Ex parte Okoli: DC (Laws LJ, Rafferty J): 4 July 2000

The applicant, was charged and remanded in custody by justices pursuant to Sch.

1 to Pt.

1 of the Bail Act 1976.

On 7 June 2000 he again appeared before the justices, who granted him bail.

The prosecution then attempted to exercise their right of appeal against the decision, pursuant to the Bail (Amendment) Act 1993.

Oral notice of appeal was given at 11.50 am on 7 June 2000.

The appeal was listed for hearing before a Crown Court judge at 3 pm on 9 June 2000.

The applicant contended that the prosecution had lost their right to appeal by their failure to have the case listed within the 48-hour time limit, alternatively that the Crown Court did not have any jurisdiction to hear the appeal.

The judge ruled in favour of the prosecution.

The applicant appealed.Shaun Murphy, solicitor (instructed by Duthie Hart & Duthie) for the applicant; John McGuiness (instructed by the Crown Prosecution Service, Horseferry Rd) for the prosecution.

Held, dismissing the application that it was inescapable that s.1(8) the 1993 Act was looking at the state of affairs where the question was whether the appeal commenced on the last day permitted by its terms; that if the legislative intention had been that the appeal should be commenced within 48 hours from notice being given by the prosecution no doubt different words would have been used; that that was reinforced by the reference in s.s.

1(5) and (7) of the 1993 Act of 'within two hours'; that s.1(8) fell to be contrasted with that state of affairs by virtue of the words 'from the date on which oral notice of appeal was given'; and that, accordingly, the judge was right to hold that it was within his jurisdiction to entertain the prosecution appeal given the conclusion reached on the issue of construction.