ROYAL COURT
(Samedi Division)
17 December, 1999
Before: F C Hamon, Deputy Bailiff and
Jurats Myles and Allo
AG
V
Ian Stuart Channing
Review of refusal of bail in Magistrate’s Court
On 23 November 1999 the applicant, having reserved his pleas on 4 October 1999, when he was remanded in custody without bail option, and having been refused bail on 3 and 4 November 1999, pleaded as follows:
Guilty to: 2 counts of possession of a controlled drug (count 2: cannabis; count 3: amphetamine sulphate); 2 counts of possessing an offensive weapon (count 5: knuckle-duster; count 6: Asp bâton).
Not Guilty to: 1 count of being disorderly on licensed premises (count 1);
1 count of possessing an offensive weapon (knife) count 4); 1 count of possessing explosive materials (petrol bombs) (count 7); 1 count of criminally and fraudulently obtaining sickness benefit (£5,592.37) (count 9);
1 count of criminally and fraudulently obtaining cash (count 10); 1 count
of driving without licence (count 11); 1 count of driving uninsured (count 12).
Reserved plea to: 1 count of selling alcohol without licence (count 8).
The applicant was remanded in custody without bail option.
On 10 December 1999: Bail was refused and applicant remanded in custody to 20 December 1999
T J Le Cocq, Crown Advocate
Advocate N J Chapman for the accused
JUDGMENT
THE DEPUTY BAILIFF: Mr Chapman, as one would have expected, has said everything that he possibly could say on behalf of his client this morning. There can be no doubt that the applicant faces serious charges. There is also a fresh charge of criminally and fraudulently obtaining £5,592.37 of sickness benefit from the Social Security Department. That is, of course, denied.
The personal situation that he faces is indeed tragic. Young children will not understand the problems, particularly at this time of the year. But, however hard we look at it we cannot see that the Magistrate did not have all the information before him. Despite Mr Chapman’s strenuous argument we cannot see that the Magistrate reached a decision that would enable us in law to interfere. We are powerless in that regard but we would say this: if a limited time is to be given to Channing for bail over Christmas then that is an application which should be made as soon as possible to the Magistrate in the first instance.
No Authorities