High Court Corruption and Economic Crimes Division - 2017 December

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Judgment date
December 2017
A valid DPP Certificate under s.36(2) EOCCA bars bail; "pending trial" includes pre-trial stages, so bail application dismissed.
Criminal procedure – Economic and Organized Crimes Act s.36(2) – DPP Certificate barring bail – validity and requirements. Interpretation of "pending trial" – Li Ling Ling interpretation includes arrest and committal stages; Certificate can be lodged pre-trial. Procedural form – s.36(3) prescribes duration but need not be cited as enabling provision. Disclosure – DPP not required to specify nature of threatened prejudice to safety or public interest.
7 December 2017