Re CLA

The matter before the Court was an application by the applicant, who is currently charged with 18 offences, to vary the bail conditions granted to him. The applicant was in custody since September 2016 and was facing charges including unlawful stalking, attempting to pervert the course of justice, contraventions of domestic violence orders, a breach of bail and the improper use of emergency call services. The applicant was granted bail by the Court in December 2019 due to the delay in having his matters brought to trial and the fact he had already served more than three years in custody on remand. The order granting bail contained a number of conditions, including a residential condition that after the applicant's release he surrender to Border Force officials.

The Crown opposed the application on the basis that the applicant was an unacceptable risk of committing further offences and interfering with witnesses given the stalking charge and the charge he was facing in relation to attempting to pervert the course of justice. However, the Court found that the applicant had already served more than three years in custody on remand and that the delay in having his matters brought to trial was significant. The Court also noted that the applicant had no criminal history and had been in a show cause position due to a previous breach of bail and a charge of domestic violence. The Court ultimately decided to grant the applicant's application for bail variation, finding that the risks the applicant posed could be appropriately managed if he was granted unconditional bail as he sought to obtain a bridging visa. The Court ordered that the applicant surrender to Border Force officials upon his release from Immigration Transit Accommodation.

The Court heard from the parties as to the form of the order and wording of the conditions proposed. The Court considered the submissions made by both parties and ultimately decided to grant the applicant's application for bail variation. The Court made orders that the applicant surrender to Border Force officials upon his release from Immigration Transit Accommodation and that the applicant be released on unconditional bail to permit a bridging visa application. The Court also ordered that the Office of the Director of Public Prosecutions apply for a criminal justice stay visa on behalf of the applicant. The Court considered that the delay in having the applicant's matters brought to trial and the fact that he had already served more than three years in custody on remand outweighed the risks posed by the applicant if he was granted unconditional bail. The Court found that the risks could be appropriately managed if the applicant was granted unconditional bail as he sought to obtain a bridging visa.