12 October 2009

Diaries Gents?

Sept - Oct 2009


Back in July (2009) a police officer left his dogs in his patrol car: when he returned they were dead due to heat exhaustion. The police officer is being prosecuted; a preliminary hearing was held on the 10th Sept at which his brief told the court that the defence will be obtaining a psychiatric report regarding the officer's fitness to plead.

Section 11 of the Powers of Criminal Courts (Sentencing) Act 20006 provides in part,

"11 — (1) If, on the trial by a magistrates’ court of an offence punishable on summary conviction with imprisonment, the court—

(a) is satisfied that the accused did the act or made the omission charged, but

(b) is of the opinion that an inquiry ought to be made into his physical or mental condition before the method of dealing with him is determined,
the court shall adjourn the case to enable a medical examination and report to be made, and shall remand him.

(2) An adjournment under subsection (1) above shall not be for more than three weeks at a time where the court remands the accused in custody, nor for more than four weeks at a time where it remands him on bail.

My emnphasis.

So what's happened to the trial?

Looking at the diary, four weeks from 10th Sept was 8th Oct.

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