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Burn (Geoffrey Keith) v Miller
April 27, 2009 | No Comments
Article 5(3) – the right to release pending a trial
The High Court of Justiciary held that the practice which had previously obtained in bail applications in Scotland whereby the sheriff was not permitted to go behind any statement by the procurator fiscal that the Crown were continuing to make inquiries and that it was necessary for the proper pursuit of these inquiries in the public interest that the accused should remain in custody at that stage was incompatible with the requirements of Article 5. Mere access to a judicial authority was not sufficient to constitute compliance with Art. 5(3), instead the access had to be such whereby the judicial officers were able to review the circumstances militating for or against detention, to decide by reference to legal criteria whether there were reasons to justify detention, and to order release if there were no such reasons.
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Art. 05 Right to Liberty and Security, Criminal Law and Criminal Procedure
