Mike Amesbury MP

[ebikeerwidnes]

Police have submitted a file to the CPS

which tells us very little

 

[spen666]

Police have submitted a file to the CPS

which tells us very little

What do you expect them to say?


They are not going to prejudice a case by disclosing it in the media.


What it does tell us is
1. The police officer handling the investigation believes it is complete
2. They believe there is enough of a case for the CPS to make a charging decision
3. The police are following the same procedures they do in all similar types of case
4. The decision to charge or not will be made by the CPS in due course

 

[AndyRM]

I for one feel incredibly lucky that we have such a sage and sharp legal mind on this forum. I'd be utterly lost without spen's wisdom.

 

[ebikeerwidnes]

What do you expect them to say?

Exactly this

I was just pointing out that it had been done

I presume we will find out more as time goes on

 

[fozy tornip]

Dunno if this helps at all but my budgerigar, who I've named 'Paul the Octopus' 'cos of his eery divination chops, spent most of today nibbling the cuttlefish bone on which I'd written, in felt pen, "Mike Amesbury: who gives a toss?", and hardly touched the cuttlefish bone, wedged between the bars of his cage at a similar height, on which I'd written - also in felt pen - "Spen is wise and knows stuff".

Make of that what you will.

 

[ebikeerwidnes]

Dunno if this helps at all but my budgerigar, who I've named 'Paul the Octopus' 'cos of his eery divination chops, spent most of today nibbling the cuttlefish bone on which I'd written, in felt pen, "Mike Amesbury: who gives a toss?", and hardly touched the cuttlefish bone, wedged between the bars of his cage at a similar height, on which I'd written - also in felt pen - "Spen is wise and knows stuff".

Make of that what you will.

I only give a toss because
a) the constituency is right next to ours so things that happen "over there" have an effect over here
b) Reform came 3rd in the General Election so they are bound to send the loudest idiots - sorry leaders - over to shout at people if there is a by-election
I just don;t want them getting another seat and being able to crow about it

 

[ebikeerwidnes]

Just been on his website - just out of curiosity

apparently the adddress for contact is
The Old Police Station
etc etc

Bit unfortunate under the circumstances

 

[the snail]

Dunno if this helps at all but my budgerigar, who I've named 'Paul the Octopus' 'cos of his eery divination chops, spent most of today nibbling the cuttlefish bone on which I'd written, in felt pen, "Mike Amesbury: who gives a toss?", and hardly touched the cuttlefish bone, wedged between the bars of his cage at a similar height, on which I'd written - also in felt pen - "Spen is wise and knows stuff".

Make of that what you will.

I for one feel incredibly lucky that we have such a sage and sharp legal mind on this forum. I'd be utterly lost without Paul The Octopuses wisdom.

 

[glasgowcyclist]

Currently a breaking story on BBC: Amesbury has been charged with assault.

https://www.bbc.co.uk/news/articles/cgr0xrlwq25o

MP Mike Amesbury has been charged with assault after a video emerged of him appearing to punch a man to the ground in the street.​

​

The charge against the 55-year-old relates to reports of an assault on a 45-year-old man in Frodsham, Cheshire on 26 October, the Crown Prosecution Service said. ​

​

The suspended Labour backbencher has been summonsed to appear in court after the charge was authorised, but the date and venue of his first appearance has not yet been confirmed.​

A Cheshire Police spokesman said the charge follows reports of an assault on Main Street in the Cheshire town at about 02:48 BST.​

​

This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest version.​

​

 

[spen666]

Currently a breaking story on BBC: Amesbury has been charged with assault.

https://www.bbc.co.uk/news/articles/cgr0xrlwq25o

MP Mike Amesbury has been charged with assault after a video emerged of him appearing to punch a man to the ground in the street.​

​

The charge against the 55-year-old relates to reports of an assault on a 45-year-old man in Frodsham, Cheshire on 26 October, the Crown Prosecution Service said. ​

​

The suspended Labour backbencher has been summonsed to appear in court after the charge was authorised, but the date and venue of his first appearance has not yet been confirmed.​

A Cheshire Police spokesman said the charge follows reports of an assault on Main Street in the Cheshire town at about 02:48 BST.​

​

This breaking news story is being updated and more details will be published shortly. Please refresh the page for the fullest version.​

​

I'm surprised the CPS have made a charging decision so quickly

It will be interesting to see when it comes to court:

1. Which Magistrates Court he initially appears in given he is a local MP - any trial ( if it was contested) may need to be moved out of the region to ensure he gets and is perceived to get a fair trial

2. If he pleads guilty or not

3. If he pleads guilty what the mitigation is - e.g. - was the person punched stalking him or not?

4. If he pleads Not Guilty - what his defence is - being stalked is mitigation not a defence. Can he claim he felt his only option was to strike first rather than just leaving the scene to avoid any incident?

5. If he pleads guilty or is found guilty after a trial, then where does it leave him in relation to membership of Labour Party, and also his position as an MP?

 

[icowden]

If he pleads guilty or is found guilty after a trial, then where does it leave him in relation to membership of Labour Party, and also his position as an MP?

Maybe he can join the political anger management group. I believe alumni include Jonathan Edwards, John Prescott, Eric Joyce and Mike Hookem

 

[matticus]

5. If he pleads guilty or is found guilty after a trial, then where does it leave him in relation to membership of Labour Party, and also his position as an MP?

Google suggests that as long he is jailed for less than a year, he is OK to remain an MP.
IANAL , etc, etc ...

 

[monkers]

Google suggests that as long he is jailed for less than a year, he is OK to remain an MP.
IANAL , etc, etc ...

Indeed under the Representation of the Peoples Act 1981 he has to vacate his seat if imprisoned for a year or more. Interesting to note that a number of crimes have the maximum sentence set at 51 weeks.

 

[spen666]

Google suggests that as long he is jailed for less than a year, he is OK to remain an MP.
IANAL , etc, etc ...

Having seen the charge, it is "only" common assault according to media reports. This can only be dealt with in a magistrates court and carries a maximum sentence of 6 months imprisonment.

When I referred to his future as an MP, I was thinking more of public pressure on him to resign. Clearly legally he has no issue if maximum sentence is 6 months. Remember also of course, if he pleads guilty, he is entitled to 1/3 off any sentence imposed.

Looking at the sentencing guidelines for this offence. Even if it were determined to be High Culpability and the most serious category for harm ( I don't think either are the case, but working on worst case scenario for him) then the suggested starting point for sentence is a "high level" community order.

I can see few aggravating features so I would be amazed on what I know if he were to go to prison. If Eric Cantona all those years ago didn't end up with a prison sentence, then I can't see him getting one

https://www.sentencingcouncil.org.u...n-assault-common-assault-on-emergency-worker/

 

[Beebo]

I think the Recall MP Act 2015 sets out the procedure for recall. It doesn’t matter how long the sentence is. They need 10% of the constituents to sign a petition.

https://en.wikipedia.org/wiki/Recal...ll of MPs Act,introduced on 11 September 2014.