RIOTS - RUSH TO JUDGEMENT

It's now just over a month since the Riots.  Mackesys has been busy dealing with many Clients.

Our main concern was trying to ensure Clients' rights were not overlooked as there was a clear attitude by the Police and the

Courts to deal too quickly with cases, sometimes without the most basic of evidence.

There were many occasions when virtually nothing was available at the courts, particularly when dealing with the Night Courts.

There appeared to be a general policy of locking up all Clients. Once the 'dust' had settled and the weaknesses were established,

we managed to achieve bail for many clients.

The overbearing sentences were put in some perspective by the second week of the hearings, some remain excessive which is resulting in many appeals.

We have many Clients awaiting trial on more serious matters.

A second wave of arrests is now happening as there a several police operations to identify suspects from CCTV and other media sources.

HOPE TO BE BACK IN A MORE REGULAR SLEEP PATTERN SOON>

12th July, 2011.

R -v- HOOKWAY reversed by Police (Detention and Bail) Act 2011.

After all the hassle created by the Judge in this case, who obviously has never been to a police station,

Parliament has addressed  the issue created by Hookway ie that the custody clock continues even when the Client is

bailed from the police station.  The new Act amends s.47 of the Police and Criminal Evidence Act 1984 by adding the words

'and any time during which he was on bail shall not be so included'

Sanity returns - so many Clients have been calling to ask whether their bail to returns are valid!!!

Sentencing guidelines in cases of assault are changing – this article explains how.

New Guidelines

STEP ONE: Determining the offence category

The court at this stage does not consider the defendant's previous convictions nor whether he has pleaded guilty or been convicted after trial. The assessment of harm and culpability at step one is based solely on the principal identified factual elements of the offence. Any factors not listed here can be considered at step 2 which is not exhaustive.