Mike Amesbury MP

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spen666

spen666

Well-Known Member
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/Recall_of_MPs_Act_2015#:~:text=The Recall of MPs Act,introduced on 11 September 2014.

The way things are going with turnouts for elections (especially by elections), there will come a time in the future where more people need to sign a recall petition than were needed to elect the person as MP
 
Fiona Onasanya had a successful recall petition after her motoring offence and perverting the course of justice conviction so there is a precedent. I don't think it would be too hard to get Amesbury recalled.

Not sure what his defence will be when the other guy had his hands in his pockets. He's going to need some strong evidence of previous aggression imo to support his assertion that he felt threatened (as opposed to drunk and angry).
 

icowden

Squire
Fiona Onasanya had a successful recall petition after her motoring offence and perverting the course of justice conviction so there is a precedent. I don't think it would be too hard to get Amesbury recalled.
I don't think Fiona was particularly well regarded. It would depend what Amesbury's constituents think of him and the circumstances behind the thumping.
 
His constituency population is c 71k. The Tory and Reform vote were c 12k. Add in his own voters who he has alienated and I don't think it would be hard to get 7k votes. His majority is 14k though so it's unlikely a short notice by election would change the situation anyway. It'd just be another Labour bod.

People used to resign immediately over stuff like this, even if it was just out of embarrassment rather than guilt.
 
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?

I suspect that either Amesbury or the Prosecution ask for the trial venue to be moved it can be done.

If he pleads guilty and is suitably contrite I think he should be able to retain his seat. I forget the proportion of British males with convictions after getting in a scrap while in drink but it's not small!!
 
Fiona Onasanya had a successful recall petition after her motoring offence and perverting the course of justice conviction so there is a precedent. I don't think it would be too hard to get Amesbury recalled.

It was the Perverting the Course conviction thad did for Fiona O. That's serious scale offending for which she did time.

I don't know if an assault conviction would be enough to allow a recall petition. If there were one I'm not sure the threshold to trigger an election would be crossed.
 
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spen666

spen666

Well-Known Member
....
I don't know if an assault conviction would be enough to allow a recall petition. ....

You don't need any conviction to have a recall petition although it's usually after a conviction - see 2nd limb.
Amesbury is unlikely to get a custodial sentence so a recall petition is not likely to happen


Public pressure may make it difficult for Amesbury to continue, but he will be making decision, not a recall petition

A recall petition will take place if an MP is:

  • convicted of an offence in the UK and receives a custodial sentence (including a suspended sentence) or is ordered to be detained, other than solely under mental health legislation
  • suspended from the House of Commons for 10 sitting days or 14 calendar days
  • convicted of providing false or misleading information for allowance claims under the Parliamentary Standards Act 2009.
 
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Psamathe

Regular
If he pleads guilty and is suitably contrite I think he should be able to retain his seat.
But would he get the Labour Whip returned? Starmer has such a massive majority he can afford to balance Party reputational damage from welcoming back an MP who has committed the offence (with video seem on prime time news) vs loss of one of his majority. I wonder if Starmer might decide reputation is more important in current circumstances.

Ian
 
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