Regina v Potier

The case involved an appeal against the refusal of bail pending the appeal of the applicant, Potier, against his conviction and sentence. The applicant had been convicted of drug trafficking and was seeking bail pending the appeal. The applicant had made an initial application for bail to the Supreme Court, which was dismissed. He subsequently applied to the Court of Criminal Appeal for bail pending the appeal, which was also dismissed. The applicant then sought leave to list his application in person before the Court of Criminal Appeal, which was also dismissed. The applicant then applied to the Full Court for an order that his application be listed in person before the Court of Criminal Appeal, which was also dismissed.
The legal issues before the court were whether the Full Court had jurisdiction to order that the applicant's application be listed in person before the Court of Criminal Appeal and whether the Court of Criminal Appeal had erred in dismissing the applicant's application for bail pending the appeal.

The court held that the Full Court did not have jurisdiction to order that the applicant's application be listed in person before the Court of Criminal Appeal as the application was not an appeal against a decision of the Court of Criminal Appeal but rather an application to the Court of Criminal Appeal. The court also held that the Court of Criminal Appeal had not erred in dismissing the applicant's application for bail pending the appeal as the applicant had not shown any special or exceptional circumstances that would warrant the grant of bail. The court noted that the original application for bail to the Supreme Court had been made without the applicant's legal representative being present and that this was not desirable as it could lead to a misconceived application being made to the Court of Criminal Appeal.
The court dismissed the application and noted that it was undesirable for original bail applications to be made to the Court of Criminal Appeal as it could lead to a misconceived application being made. The court also noted that the applicant had not shown any special or exceptional circumstances that would warrant the grant of bail pending the appeal. The court held that the Court of Criminal Appeal had not erred in dismissing the applicant's application for bail pending the appeal.