11th – 12th May 2021
The Claimant appeals (with PTA from below) against the order made by Chamberlain J dated 17/6/20 giving judgment to the Defendant.
The issue raised is whether the power to refuse a juvenile police bail in his interests under s. 38(1)(b)(ii) of the Police and Criminal Evidence Act 1984 is compatible with the right to liberty and security under Art 5 ECHR.
C submits that such detention is not lawful and that the judge erred in finding that it was.
The claim arises from the arrest and detention of C in Feb 2012. At that time he was a juvenile. The claim concerns the decision made on behalf of the D to deny C police bail.
The judge granted PTA stating that the claim raised a question of law of public importance.
Although he reached a clear answer in D’s favour, given the lack of any domestic authority on the point and the sparsity of relevant Strasbourg authority, there is a real prospect that the CA may take a different view.