Robinson v Clarke

In an urgent application arising from adjourned committal proceedings, the Court of Appeal may grant conditional bail pending the next hearing where bail is not opposed in principle and suitable conditions are offered. Conditions may include residence, a curfew and police compliance checks. The interim order may be varied by a contrary order if circumstances change. The judgment concerns bail only. It does not determine whether a non-molestation order was breached or the merits of the appeal.

A county court made a non-molestation order under Part IV of the Family Law Act 1996. Following allegations that the respondent had threatened, intimidated, harassed and pestered the applicant, he was arrested and brought before the county court on a committal application. Her Honour Judge Pearce adjourned the proceedings, refused bail and remanded him in custody for seven days. The appeal application challenged the refusal to hear submissions on bail and assess his suitability. The committal hearing was due to resume the following week, and the central issue was whether bail should be granted pending that hearing.

Application granted. The Court of Appeal granted bail until the adjourned committal hearing in the Edmonton County Court on 23 October 2002. The alleged breaches and the merits of the appeal were not determined.

1. The application arose from committal proceedings based on an alleged breach of a non-molestation order. Permission to appeal had been granted earlier that day, assuming permission was necessary, and an urgent hearing was directed on bail pending the appeal.
2. There was no objection from the applicant to bail in principle. The appellant accepted conditions requiring residence at his mother’s address, subject to its details being supplied to the court, a curfew from 7.00 pm to 7.00 am, and doorstep checks by East Ham Constabulary.
3. On that basis, the court ordered release on the specified conditions. The order was subject to any contrary order required by later events. The judgment also directed a public funding costs assessment for both parties.

• Court of Appeal (Civil Division): On 18 October 2002, the court granted conditional bail pending the resumed committal proceedings. [2002] EWCA Civ 1515
• Edmonton County Court: On 17 October 2002, Her Honour Judge Pearce refused bail and directed that the respondent be remanded in custody for seven days in connection with the adjourned committal application.