| Shasown |
31-03-2010 03:47 PM |
Quote:
Originally Posted by LeatherTrumpet
(Post 3127857)
I am defending these people not so much because of who they represent but on behalf of common sense and anti-hysteria.
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I have to agree with you there, however, he has plead guilty, therefore there is no comeback, he cant appeal the sentence now either, it was a summary court with summary punishment. He can only appeal the decision if there was a procedural error, as it was "how do you plead- guilty your honour" its extremely unlikely there was a procedural error.
Because the sentence stands, it can be used as a basis to set the next line at which to chip away more of the basic human rights we collectively have.
If matey had plead not guilty and waited it probably would have been thrown out by the PF staff when all the prosecution paperwork was complete, if not a solicitor could have probably argued the charge out during the interim diet(s) but chances are if it had gone to a trial diet it would have been thrown out before the prosecution completed its case. (Diet is simply the term used for court hearing up here).
As it was only for a breach of the peace chances are he could have gone home and plead by post. They wouldnt have been bail restrictions except not to approach prosecution witnesses, I think thats why he plead in case bail required him to stay in Scotland, then again a good solicitor would have accepted the conditions to get him free then lodge an appeal agaisnt the restriction. |
