Put it this way; bail from court when produced from police station differ in that, when produced from police station the records are closed down and your stay there is complete. Where else being produced from prison you are still a prisoner and must be returned to complete the actions of the court. You are still a prisoner and when granted bail, you're not granted bail from court, but from the prison. You must then be returned to prison to carry out the actions of the court; ie, bail etc. The main reason is, because nobody knows what action the court will take so he cannot be released before being produced. You are then asking the court to carry out the actions of the prison otherwise. Release is for the prison, not the courts.
On Thu, 3 Sep 2020 at 17:47, Mark Troman<MarkTroman@psplaw.co.uk> wrote:I have not heard of this.
This isn’t something the MOJ would be required to consult the profession on and, our Law Reform Officer will correct me if I am wrong, I have never seen a consultation document that has reached us that covers PSOs.
I believe this crosses over to prison law or public law actions for unlawful detention. I know many firms who are members have such specialists who might be able to consider if it is unlawful. I would imagine such a claim is the best route to changing this unfair process.
Kind regards,
Mark Troman
Solicitor and Higher Courts Advocate
Powell Spencer & Partners
270 Kilburn High Road
London NW6 2BY
DX 123862 Kilburn 2
For prosecutors and courts only: mark.troman@psplaw.cjsm.net
Tel: 0207 604 5600
Fax: 0207 328 1221
From: CroydonMagsLass [mailto:croydonmagslass@gmail.com]
Sent: 03 September 2020 17:35
To: Greg Powell <GregPowell@psplaw.co.uk>; LCCSA Members’ Forum <members@mail.lccsa.org.uk>
Cc: Mark Troman <MarkTroman@psplaw.co.uk>
Subject: Re: Grant of Bail/SERCO
Apparently the answer lies in Prison Service Order 6100 - wherein the court is viewed as an extension of the prison and there is no requirement for immediate release..?
Sent in motion not when driving ‘Frida’
On 3 Sep 2020, at 17:27, Greg Powell <GregPowell@psplaw.co.uk> wrote:
I have never heard of it and I have forwarded to Mark to take up via the LCCSA .
From: CroydonMagsLass <croydonmagslass@gmail.com>
Sent: 03 September 2020 17:25
To: Greg Powell <GregPowell@psplaw.co.uk>
Subject: Re: Grant of Bail/SERCO
Hi Greg
SERCO state it was agreed with the MOJ but were solicitors (or legal practitioners) notified or made aware of this.? If not, is this another instance of sidelining the criminal bar (including solicitors)..??
(hands up in despair)
Sent in motion not when driving ‘Frida’
On 3 Sep 2020, at 17:15, Greg Powell <GregPowell@psplaw.co.uk> wrote:
I agree .It has always seemed to me that the gaolers should know in advance the custody status of each prisoner and if they are not subject to other lawful detention a person should be released immediately from the dock unless there are other bail conditions to be fulfilled .
Sent from my Samsung Galaxy smartphone.
-------- Original message --------
From: CroydonMagsLass <croydonmagslass@gmail.com>
Date: 03/09/2020 17:09 (GMT+00:00)
To: LCCSA Members’ Forum <members@mail.lccsa.org.uk>
Subject: Grant of Bail/SERCO
Does anyone know why SERCO are no longer releasing prisoners from court who have been granted bail, stating they are “NOT FOR RELEASE” and must now be returned to the prison from where they are then processed to action their bail?-does this raise issues of false imprisonment as the court’s powers do not usually permit any further ‘hold’ after grant of bail..??
Many thanks
Sent in motion not when driving ‘Frida’
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HOW WE ARE WORKING: Although our office in Kilburn is currently closed due to coronavirus, it’s business as usual at Powell Spencer & Partners. We now offer a Wills and Probate service, as well as assistance with Accidents and Clinical Negligence, Family Breakdown, Child Care Matters, Immigration and Nationality and Criminal Representation.
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HOW WE ARE WORKING: Although our office in Kilburn is currently closed due to coronavirus, it’s business as usual at Powell Spencer & Partners. We now offer a Wills and Probate service, as well as assistance with Accidents and Clinical Negligence, Family Breakdown, Child Care Matters, Immigration and Nationality and Criminal Representation.
Our staff are working remotely and are available by telephone and email. Please email or call Jennifer Bartley on 0207 604 5600 if you wish to instruct us or need urgent advice.
Powell Spencer & Partners is authorised and regulated by the Solicitors' Regulation Authority. No: 57736
This e-mail is confidential and may also be legally privileged. Please do not copy it or use it for any purposes or disclose its contents or attachments to any other person without express permission from Powell Spencer & Partners. To do so could be a breach of confidentiality. Our data protection and privacy policies can be found on our website at www.psplaw.co.uk
If you have received this e-mail in error you are on notice of its status. Please inform us immediately by telephone on 0207 604 5600 or by reply e-mail and then delete this message from your system.
BEWARE OF FRAUD: If you receive an unusual request to pay money to Powell Spencer & Partners, please check with us that it is genuine. Our bank details will not change and we will never include a payment link in an email.
Thank you for your co-operation.
HOW WE ARE WORKING: Although our office in Kilburn is currently closed due to coronavirus, it’s business as usual at Powell Spencer & Partners. We now offer a Wills and Probate service, as well as assistance with Accidents and Clinical Negligence, Family Breakdown, Child Care Matters, Immigration and Nationality and Criminal Representation.
Our staff are working remotely and are available by telephone and email. Please email or call Jennifer Bartley on 0207 604 5600 if you wish to instruct us or need urgent advice.
Powell Spencer & Partners is authorised and regulated by the Solicitors' Regulation Authority. No: 57736
This e-mail is confidential and may also be legally privileged. Please do not copy it or use it for any purposes or disclose its contents or attachments to any other person without express permission from Powell Spencer & Partners. To do so could be a breach of confidentiality. Our data protection and privacy policies can be found on our website at www.psplaw.co.uk
If you have received this e-mail in error you are on notice of its status. Please inform us immediately by telephone on 0207 604 5600 or by reply e-mail and then delete this message from your system.
BEWARE OF FRAUD: If you receive an unusual request to pay money to Powell Spencer & Partners, please check with us that it is genuine. Our bank details will not change and we will never include a payment link in an email.
Thank you for your co-operation.