The Queen vs Flynn – clr volume 2 page 049_1

In THE QUEEN v. FLYNN, the court addressed whether the inability of a witness to execute a bond for court appearance constitutes sufficient grounds for remand into custody under sections 181 and 182 of the Criminal Procedure Code. It was held that only a “refusal” to execute the bond, and not an “inability,” grants authority for such remand, thereby reaffirming the statutory distinction between refusal and inability in criminal procedural law. This decision relied on the specific language of the Criminal Procedure Code sections 181 and 182, emphasizing that remand to custody is not supported in situations where a witness is merely unable rather than unwilling to enter into a bond.

Burnside, C.J. — The findings established that section 182 of the Criminal Procedure Code authorizes remand