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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I appeared in court and was in the dock , my solicitor was

Customer Question

I appeared in court and was in the dock , my solicitor was not at the bench . I was hand-cuffed and taken to the cells . I had not yet been tried . had they the right to incarcerate me ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Why were you taken to the cells?
Customer: replied 2 years ago.

hi,


my solicitor was not there

Expert:  Jo C. replied 2 years ago.
Ok.

So were you produced in custody?
Customer: replied 2 years ago.

no I attended court with my so 30 mins before my time . I have a long term mental illness and being hand-cuffed alone was harrowing . ps


I was not asked 1 question during the whole hearing other than name confirmation .


 

Expert:  Jo C. replied 2 years ago.
Were you on police bail?
Customer: replied 2 years ago.

was on my own bail

Expert:  Jo C. replied 2 years ago.
Thanks.
They would have explained to you in court why they were removing bail?
What was said about it?
Customer: replied 2 years ago.

at no time did anyone speak a single word to me . I heard a few mumbles then my arm was restrained and I was cuffed , not knowing where I was being taken .

Expert:  Jo C. replied 2 years ago.
Thanks.

I'm not really sure that this is something that can be answered in this forum.

There may have been many justifications for this. You were on police bail to attend court rather than upon a summons so they are perfectly free to take you into custody if certain conditions are met - those can be many and varied. Usually they come down to fear of failing to surrender, commission of further offences, interference with witnesses and own protection. Which would apply is something that I cannot say without vision of the case.

The information you have had from police officers is a nonsense like quite a lot of information from police officers in my opinion. The Court are perfectly free to keep people in the cells. It might be disproportionate and not best practice but anybody who suggests it was unlawful on the basis that you had not been convicted alone should check the Bail Act.

If you can give me more information about the reason for this then I might be able to offer more.

Jo
Customer: replied 2 years ago.

"free to keep people in cells " jo ? no human rights or medical conditions considered ? 1 am 59 years old , never committed a crime in my life , served my country , am a type 2 diabetic surely some of this info was available to the court ? I felt criminalised .

Expert:  Jo C. replied 2 years ago.
Well, maybe.

But it wouldn't make any difference to the Bail Act.

The Bail Act has long been in force and fully complies with the Human Rights Act.

Medical issues have no relevance. If you are unfit for court then you should not have attended. If you are fit for court then you are just as fit for the cells as the waiting area and, in fact, probably safer as they have access to paramedics.

I do understand that you didn't want to be in the cells but, if we are honest and frank, we probably both know that type 2 diabetis is not affected by being asked to wait in the cells.
Customer: replied 2 years ago.

honest and frank , I am not a qualified medical practicioner . I receive treatment for high bloodpressure and associated conditions brought on by type 2 , so says my docter .all I know is that beening treated as a criminal has had a serious affect on my mental health , have tried to over dose . why is no one responsible ? the court must have a charter of care ?


 

Expert:  Jo C. replied 2 years ago.

I am not really sure what I can add on this point.

I am very sorry but I cannot tell you that this was unlawful on the information you are presenting at the moment.
Customer: replied 2 years ago.

jo ,


 


have been informed that I was on a 28 day charge and attended court of my own free will .does this make any difference ?

Customer: replied 2 years ago.

are we done here jo ?

Expert:  Jo C. replied 2 years ago.
I am not sure what you mean by a 28 day charge?

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