Supreme Court ruling raises questions over lengthy remand in BB Gun possession case

A Supreme Court puisine judge has said it’s “regrettable” that Gibraltar has no custody time limits like England and Wales.

Back in February, Justice Matthew Happold denied bail to a man who had spent nearly a year on remand.

But the defendant, Mark Macias, was later acquitted of four out of five charges, and was sentenced to only three months, meaning he spent more time on remand waiting for trial than his eventual sentence.

The ruling on bail in the case of Mark Macias was delivered in February but its publication was delayed until verdicts had been returned.

Macias had applied for bail for a third time while awaiting trial. He had been arrested in April 2025 and, by the date of the ruling, had spent 322 days on remand.

Had he remained in custody until trial, that would have risen to 440 days.

His lawyer argued this was too long, and that continued detention could mean Macias spending longer on remand than any sentence he was likely to receive if convicted.

Puisne Judge Matthew Happold refused bail. He said there were still substantial grounds to believe Macias might commit further offences or interfere with witnesses if released.

The court also considered the case relatively complex, involving several complainants, including children, and evidence around whether an item seized was legally a firearm.

The judge said he was “very narrowly persuaded” that keeping Macias on remand until trial would not breach his constitutional right to trial within a reasonable time or release.

But he added that Gibraltar’s lack of custody time limits was unsatisfactory, saying defendants should not have to rely on a broad constitutional right to argue they had spent an unreasonable time on remand.

Macias was later convicted only of possessing a BB air gun, contrary to the Firearms Act. He was acquitted of the other five charges on the indictment.

At sentencing, Puisne Judge Liam Yeats imposed the maximum penalty of three months’ imprisonment, taking into account previous convictions.

The time Macias had spent on remand counts towards that sentence.