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Police bail condition 'disproportionate'

In R (on the application of Carson) v Ealing Magistrates Court [2012] EWHC 1456 the High Court was asked to consider whether the imposition of a police bail condition preventing a suspect from living at her home was lawful. The applicant was being investigated under suspicion of the racially aggravated harassment of her neighbours. On application, the Magistrates Court refused to remove the condition. There is no right of appeal against such a decision to the Crown Court so the applicant sought a judicial review of the decision. supperstone J found that the condition preventing the applicant from returning to her home was disproportionate. significantly, he pointed to the fact that the Applicant had not been charged, and had not seen the evidence against her as well as the length of time before any potential trial. There is very little authority on the issue of police bail and so, whilst decided on its own facts, it is a brief but important judgment for practitioners.


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