26 July 2007
R (on the application of Culley) v Dorchester Crown Court [2007] EWHC 109 (Admin), [2007] All ER (D) 295 (Jan)
The procedure for dealing with breach of bail conditions laid down in the Bail Act 1976, ss 7 (4) and (5) is subject to a strict time limit of 24 hours, following the arrest of the claimant. It follows that the justice is required to complete his investigation and decision-making in relation to this matter within the 24-hour period.
If the justice fails to do so, the continued detention of the accused becomes unlawful from the moment 24 hours have elapsed since his arrest. Any order to remand the accused in custody after the expiry of the 24-hour period is therefore ultra vires and unlawful.
