El Nasher v DPP

The respondent, El Nasher, appealed against a decision to refuse bail, granted under the Bail Act 1977. The respondent was charged with attempted murder, and several other offences, all of which were alleged to have been committed while the respondent was on a Community Correction Order and bail for unrelated charges. The primary judge found that there were no exceptional circumstances justifying bail and refused the application. The Court of Appeal considered the appeal, focusing on whether the primary judge erred in determining that no exceptional circumstances existed.

The legal issues centred on whether the primary judge erred in concluding that there were no exceptional circumstances warranting the grant of bail. The Court of Appeal considered the weakness of the prosecution case, the impact of the delay and onerous custodial conditions caused by the COVID-19 pandemic, and whether the respondent posed an unacceptable risk to the community. The Court examined the statutory provisions of the Bail Act 1977, particularly sections 3AAA, 4AA, 4A, 4D, and 4E, to determine the appropriate course of action.

The Court of Appeal found that the primary judge erred in his assessment of the exceptional circumstances. The Court held that the delay and onerous conditions of custody due to the COVID-19 pandemic constituted exceptional circumstances. Additionally, the Court determined that the prosecution's case was weak, and the respondent did not pose an unacceptable risk to the community. The Court of Appeal allowed the appeal and granted bail to the respondent, imposing stringent bail conditions to ensure public safety and the likelihood of the respondent appearing in court.