Re Roberts

The matter of Re Roberts came before the court in the context of an application for bail, following the quashing of the applicant’s convictions for two charges of murder. The applicant had been in custody for over 20 years prior to the Court of Appeal ordering a new trial. The Court of Appeal had found that there was a serious irregularity in the original trial, specifically the non-disclosure of material evidence to the defence, which constituted a departure from proper process and affected the fundamental fairness of the trial. The applicant’s convictions were consequently quashed, and a new trial ordered.

The legal issues the court was required to decide were whether there were exceptional circumstances that justified the granting of bail to the applicant, who had been in custody for an extended period, despite the strong case against him. The court considered the relevant provisions of the Bail Act 1977, particularly sections 1B, 3AAA, and 4A, which govern the circumstances in which bail may be granted. The court weighed the applicant's right to liberty against the need to ensure the safety of the community and the likelihood of the applicant attending the new trial.

The court found that, while the applicant had been in custody for a substantial period and his convictions had been quashed due to procedural errors, the strong evidence against him indicated a significant risk that he would commit further serious offences if released on bail. The court concluded that the exceptional circumstances required to justify the granting of bail were not established. The court also considered the risk of flight, and found that the applicant had a strong incentive to abscond given his lengthy incarceration and the quashed convictions. The court thus exercised its discretion under the Bail Act not to grant bail, and the application was refused.

No further orders were made by the court in the bail application.