Hodge Jones & Allen

23rd August 2011

 

Hodge Jones & Allen have begun steps on behalf of a client to bring a judicial review of the Metropolitan Police strategy for bail which they have applied to those charged in connection with the recent riots. The case is based on a policy document written by the police which has come into our hands. It  recommends that everyone who has been charged in connection with the recent riots and disorder should be denied bail and kept in custody, whatever their circumstances.

 

Our client has no previous convictions. She is a mother with a long standing employment record. She was arrested on 11th August on a charge of handling stolen goods following the recent riots.   Despite the fact that she is of good character, has strong community ties and  was not arrested during the rioting, our client was held in custody by the police, and then kept in custody by the court, until a hearing on the 18th August. 

 

The law states that the decision to keep a person in custody must be made by the custody sergeant, who must release the prisoner unless one of the criteria in s.38 PACE 1984 is made out.  When making his or her decision, the custody sergeant should take into account the seriousness of the offence, the character, antecedents, associations and community ties of the defendant, and any other matters which may be relevant.  The custody sergeant must also exercise his discretion, and make his decision based on each individual case.

 

The policy, termed “Operation Withern: Prisoner Processing Strategy”, states that the Metropolitan Police Service have made a strategic decision to apply for all individuals connected to the recent rioting to be remanded into custody, both at the police station and later at court, seemingly without regard to their offence, circumstances or character, to prevent further public disorder. 

 

Ed Kirton-Darling, civil liberties solicitor at Hodge Jones & Allen states: “The right to bail is a longstanding and essential part of our criminal justice system.  It should be carefully considered and each case should be looked at on its own merits. In relation to the riots, it seems that the Metropolitan Police took a strategic decision to apply a blanket ban and deny everyone bail, no matter what their circumstances.  I consider that this policy is unlawful as a result.”

 

Our client will be seeking a declaration that the policy was unlawful. Read the full story in The Guardian.