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13 January 2011
Issue: 7448 / Categories: Case law , Law digest
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False imprisonment

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Stellato v Ministry of Justice [2010] EWCA Civ 1435, [2010] All ER (D) 171 (Dec)

In principle, a grant of bail was not an order for the detention of the person to whom it was granted. To the contrary, it was a grant of liberty to someone who would otherwise be detained.

The legal justification for his detention was to be found elsewhere: in the case of a person suspected of crime, in the powers of arrest of a constable under a warrant issued by a magistrates court, or without a warrant, and powers to remand pending trial or further hearing. Similarly, there was statutory authority for detention in immigration cases. A grant of bail might be conditional or unconditional. A condition of bail did not impose an obligation on the person granted bail. It was a true condition. It qualified the grant of liberty made by the grant of bail. If the person granted bail did not comply with the conditions of his bail, he was liable to be returned to custody.

If so, the legal

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