HM Advocate v Porch

Criminal procedure – Bail conditions – Right to respect for private and family life. High Court of Justiciary: In the case of an accused who, after pleading not guilty to, inter alia, assaulting his girlfriend, was admitted to bail subject to special conditions that he should not enter the street where she lived or attempt to contact her, and who appealed against a sheriff's refusal of his application to vary the bail conditions and presented a compatibility minute averring that the complainer did not wish him to be subject to the special conditions and that his and her rights under art 8 of the European Convention on Human Rights had been breached, the court proceeded on the basis that the accused and complainer had art 8 rights which were sufficiently engaged but held that they had not been infringed; that the existing procedures in relation to bail applications of the kind under consideration were convention-compliant; and that while the complainer had no right to be represented in court or to address the court that did not mean that there was no mechanism for drawing her views to the court's attention.

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