Law and Rights
On 7th September, Police Sergeant Mark Andrews was convicted at Oxford Magistrates' Court - (a Deputy Distrtict Judge (Magistrates' Courts) heard the case) - of assault occasioning actual bodily harm - see the earlier post. He has now been acquitted on appeal to the Crown Court - The Guardian 18th November 2010. It appears that the Police disciplinary hearing will still take place - Wiltshire Police - though the Police spokesman said that this is "whilst respecting the decision of the court today in upholding the appeal."
Interestingly, the judge presiding at the appeal in the Crown Court - (Mr Justice Bean) - is reported as having said to Andrews that "he could have done things better." The remarks of judges ought to be published in full so that the public can see the reasoning. It is not clear from any media reports on what basis the judge said what might be regarded as a pre-emption of any disciplinary hearing. The judge will have sat with two magistrates as is usual in appeals to the Crown Court from the Magistrates' Courts.
At the time of the conviction, the BBC published some video of the event - see BBC.
Addendum 10th November 2012:
The High Court ordered the reinstatement of Mark Andrews - Daily Mail 10th November 2012
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Law and Rights
Police Sergeant Mark Andrews acquitted on appeal
Interestingly, the judge presiding at the appeal in the Crown Court - (Mr Justice Bean) - is reported as having said to Andrews that "he could have done things better." The remarks of judges ought to be published in full so that the public can see the reasoning. It is not clear from any media reports on what basis the judge said what might be regarded as a pre-emption of any disciplinary hearing. The judge will have sat with two magistrates as is usual in appeals to the Crown Court from the Magistrates' Courts.
At the time of the conviction, the BBC published some video of the event - see BBC.
Addendum 10th November 2012:
The High Court ordered the reinstatement of Mark Andrews - Daily Mail 10th November 2012
- Youth Justice - Venue For Trial
In England and Wales, criminal trials of children (aged 10 to 13) and young offenders (14 to 17 inclusive) normally take place in a Youth Court. Such courts are a specialist subset of magistrates' courts and the judiciary will be either Justices...
- Police Assaulted Man In Custody Suite
Crown Court ~ TeessideThe Telegraph 11th May 2012 published a video showing an assault by Police Sergeant Harvey on an arrested man - Mr David Healer. The assault took place at Peterlee (County Durham) in March 2011. See also the BBC's...
- Magistrates' Courts
Magistrates' Courts deal with the bulk of criminal cases brought to court in England and Wales. The judiciary in a magistrates' court comprises the Justices of the Peace (JPs or, as they are often referred to these days, "lay magistrates")...
- What Happened In Wigan To A War Hero
The estimable Jack of Kent legal blog carries a post about What Happened to Lance Corporal Mark Aspinall in Wigan on a night out in July 2008. Jack of Kent has raised this because two of the officers have been acquitted by a jury at Manchester Crown...
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The Independent Police Complaints Commission (IPCC) report into complaints against Police Sergeant Smellie at the G20 protests has been published - see here. Earlier this year, Sergeant Smellie was acquitted by a District Judge (Magistrates'...