When a foreign defendant on police bail makes his first
appearance on an either way matter involving fraudulent documents the question
for the bench is whether to offer conditional bail as police have done, to
consider additional conditions or to remand in custody. We were in such a situation earlier this
week. The current conditions were
residence, curfew and reporting. It took
us a full two seconds in a huddle to ask
ourselves why no travel restrictions and surrender of travel documents had been
added. The date of appearance at the
crown court was pronounced with an order that the aforesaid documents be
surrendered and a prohibition on any application for further such documents at
which point the CPS prosecutor got to her feet to inform the court that the defendant`s
passport had already been surrendered to police. In the league of CPS errors and omissions that
failure to offer information was hardly in the Premier League; indeed it was barely
in the league of Sunday pub kickabouts but was just another indication that CPS
once again had taken their eye off the ball.
Question: if the court does not order surrender of the passport, or any other travel restrictions, then do the court bail conditions supercede the police bail? If so is the defendant entitled to his passport back?
ReplyDeleteBiscuit.