5

BAIL

Under section 3 HRA both the police and magistrates must read the Bail Act 1976 in a manner compatible with the Convention, so far as it is possible to do this. Moreover, both the police and magistrates must exercise their statutory discretion to grant bail in a manner compatible with the detainees Convention rights. Both are public authorities for the purposes of section 6 HRA.

Article 5(1)(c), has to be read with Article 5(3) “with which it forms a whole” Schiesser v. Switzerland (1979), 2 EHRR 417.