Information Note on the Court’s case-law 69

November 2004

McKay v. the United Kingdom (dec.) - 543/03

Decision 30.11.2004 [Section IV]

Article 5

Article 5-3

Judge or other officer exercising judicial power

Lack of power of magistrates’ court to hear a request for release on bail: admissible

The applicant was arrested on suspicion of robbery. He was brought before the magistrates’ court two days after his arres t, when he applied for release on bail. A police officer gave evidence to the court that the robbery was not connected with terrorism, but the resident magistrate nevertheless refused the applicant’s request, on the ground that robbery was a scheduled offe nce under the Terrorism Act 2000 and he lacked power to order release. The applicant’s bail request was heard and granted by the High Court four days after his arrest. The applicant complains of a breach of Article 5 as there was no automatic bail hearing before the magistrates’ court following his arrest.

Admissible under Article 5.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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