The only way to see improvement in the system is if their budgets get hit (they all have a really low if any provision for litigation) and it costs them more to pay out than put steps in place to prevent these egregious breaches of liberty.
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Stuart McDonald
Sent: 07 March 2019 15:41
To: 'Jeremy Smith'; Brenda Quearney; Richard Atkins
Cc: Stephen Tosswill; members@mail.lccsa.org.uk
Subject: RE: Bail granted, but unlawfully detained
I have had problems especially when bail is granted in extradition cases subject to a cash security – I think the problem lies at the prison. I advised one client recently to seek civil redress because he was held over the weekend when the conditions were satisfied and the Court had confirmed it to Wandsworth by 4pm on the Friday.
Stuart McDonald
Hallinan Blackburn Gittings & Nott LLP
1st Floor, Alexandra House
55A Catherine Place
London SW1E 6DY
Tel: 0207 828 8253
Fax: 0207 828 8237
Secure e-mail: stuart.mcdonald@hallinans.cjsm.net
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From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Jeremy Smith
Sent: 07 March 2019 13:00
To: Brenda Quearney; Richard Atkins
Cc: Stephen Tosswill; members@mail.lccsa.org.uk
Subject: RE: Bail granted, but unlawfully detained
Ditto Barkingside a week or so ago
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Brenda Quearney
Sent: 07 March 2019 12:43
To: Richard Atkins <richardatkinskl@btinternet.com>
Cc: Stephen Tosswill <tosswillstephen@gmail.com>; members@mail.lccsa.org.uk
Subject: Re: Bail granted, but unlawfully detained
I think this is becoming an issue with Wimbledon MC and Wandsworth. I got bail for a guy after a videolink a few weeks ago. It was a Friday but there was still enough time to release him that day and they didn’t do it until Monday or Tuesday after family contacted us and we had made lots of phone calls to find out what was going on.
Sent from my iPhone
On 7 Mar 2019, at 10:34, Richard Atkins (via members list) <members@mail.lccsa.org.uk> wrote:
Dear Stephen
Yes a civil protocol letter (before action) to both the court centres (for MOJ) and the prison service.
Given two days unlawful detention there is a claim and that will only increase with delay.
Richard
From: members@mail.lccsa.org.uk [mailto:members@mail.lccsa.org.uk] On Behalf Of Stephen Tosswill
Sent: 07 March 2019 10:27
To: members@mail.lccsa.org.uk
Subject: Bail granted, but unlawfully detained
We have a client who was granted bail at Wimbledon MC on Tuesday 5th March, but he is still being unlawfully detained at HMP Wandsworth.
Endless phone calls and emails to both establishments have led nowhere. Chaos reigns because the court admin is now divided between four different court centres. Nobody will take responsibility.
Any suggestions?
Stephen Tosswill
Virus-free. www.avast.com
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