header-logo header-logo

13 January 2011
Issue: 7448 / Categories: Case law , Law digest
printer mail-detail

False imprisonment

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll