CURFEWS AND TAGS

  

by TheJusticeofthePeace @ 05. Dec. 2010. – 13:38:15

One of the most difficult decisions for any bench is deciding whether to remand in custody a defendant awaiting trial or to remand on bail considering that the starting point is that bail is the right of the accused. With the advent of electronic tagging to verify any breaking of curfew restrictions many defendants are on bail who perhaps twenty years ago would have been kept in custody. The tag will send a signal if the wearer leaves the assigned address within the restricted hours. Such was and is the case of Asil Nadir, fugitive tycoon, who voluntarily returned from self imposed exile to face trial after having received an assurance that he would be granted bail. Amongst the bail conditions was a home curfew from midnight until 6.00am and the wearing of a tag. According to a TV news report there was a knock on his door in the wee sma` hours [around 01.30?] by SERCO who monitor such matters for Her Majesty`s Court Service. Inside the house were Mr Nasir and his house guests. There is no knowledge whether or not they were asleep in bed at the time. He will not be charged with a breach of his curfew.

This scenario reminded me of a young mother also tagged and also curfewed between midnight and 6.00am who was before us in September for breach which she denied. SERCO prosecutor told us a technician visited the house at 00.45 to verify if the tag was working. The defendant told us she was indoors asleep and was afraid to open the front door at that time. We accepted her good reasons for her fear. Delegated powers to people who might have a “jobsworth” attitude to their duties are sometimes a mistake.