Associate
Legal system at it's best...
- Thread starter NeilF
- Start date
Also if English isn't her first Language an Interpreter would have been called.
Man of Honour
I forgot to add that .... :/
Associate
As a Lay Magistrate I only wish the judicial system worked that quickly. There is no way that the time scale is correct. Someone is telling porkies
Associate
The duty solicitor I would guess, the one that you normally get to speak to in police custody and end up in the magistrates not all that long after.
Soldato
:-|
Associate
The first court appearance after charge is for remand or bail and I would suggest no solicitor would advise a guilty plea at that stage until they have had a chance to look at the evidence and construct a defense.
So you're saying there is no way she could 'appear' the day after the infraction and plead guilty?
ps: I'm relaying as accurately as possible what I've been told. And my colleague is an honest individual who would not lie. He himself is completely taken aback by the events and threatening to write to MPs and the like over it.
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Man of Honour
I am not doubting your account Neil, but I am doubting the version of events you have been told.
As for his MP, I would put pen to paper straight away if he insists what happened is true.
Well, I've talked a fair amount about it to my colleague... So I'm fairly sure of the facts. I don't believe anything to be untrue.
I'm suggesting he even calls 'The Mail'. They love stuff like this!!
It will also be interesting to see what her embassy achieves...
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Associate
I have never heard of it during 5 years on the bench. If we decided to hear the case, accept a guilty plea and listen to a statement in mitigation, the result would be an adjournment for a pre-sentence report. As has been pointed out as English was not the defendants first language, an interpreter would be needed.
Associate
that's not the legal system per se
If someone had told her to plead innocent and lodge a counterclaim of assault and theft, the cops would have had to follow it all up, hitting someone with something to hand is justifiable in the heat of the moment, and can be counted under self defence, i'd be willing to stand up in court and defend myself on that point, so any new wet behind the ears lawyer should be capable of same....
Police have been lazy, and the court of appeal is there for a reason, if that is the case she should go back, and ensure that her witness statement from the day is correct and true to the best of her knowledge, lodge an appeal, and deal with it...
Chinese whispers and all that.
Thanks... So are you saying it is just not possible, or just that you have not witnessed it.
If it's the former that I'll ask my colleague about it...
My take on it is the police just wanted it out of the way, the solicitor probably just wanted it out of the way, and every one just ticked the boxes to get the job done asap?
I was stunned when I heard it had been turned around so quickly - I thought it took ages...
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Man of Honour
The Daily Mail is the most anti-police paper going and will likely blame everything on them, including 9/11. It is the most worthless arsewipe of a paper in existence, closely followed by The Guardian.
Associate
I have not witnessed it and as I am not legally trained I have no idea if it could happen. it just seems very strange as that type of summary, quick justice is something I have raising with my colleagues for many years.
Oh
I thought as a Lay Magistrate you might have some insight and might be able to clarify the events...
Soldato
fishier than an anglers y-fronts.
She would have had to be charged, evidence (statements) collected and the file forwarded to the CPS for a decision. Generally, for a low priority case like this I would assume a couple of months worth of her making bail appearances at the local Police station while the case was being dealt with. That and the fact that the Police would not have had a duty Solicitor waiting for her at the station because she may not have voluntarily appeared after the phone call (the call may very well have happened) and as I understand it the Police would still have to pay.
She would have had to be charged, evidence (statements) collected and the file forwarded to the CPS for a decision. Generally, for a low priority case like this I would assume a couple of months worth of her making bail appearances at the local Police station while the case was being dealt with. That and the fact that the Police would not have had a duty Solicitor waiting for her at the station because she may not have voluntarily appeared after the phone call (the call may very well have happened) and as I understand it the Police would still have to pay.
Permabanned
Source? Smells like bs.
also "its best"
also "its best"
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