Mike Amesbury, suspended Labour MP

I saw the video and it was horrific. He hit the man over then got on the floor and continued punching him. Only the intervention of passers by stopped him and even then he was trying to have another go. He should have got 6 months not a few weeks. Violent thug of a man

Thanks Spabbygirl. I do believe he should resign. I see the suspended sentence with work to address the offence behaviour is more effective than a brief prison sentence

Appealed at Crown Court and now has a suspended sentence

His sentence has been suspended!

I think he is a good example of people who have done wrong but would benefit more from a community sentence, I think the plan is to have anger management therapy & do some community work & I've forgotten the rest.

These sort of compulsory plans work better than prison for people who are not a risk to society. See the Howard League for Penal Reform, they champion this sort of thing.

He's out of gaol. His sentence was suspended on appeal.

Jam108

He’s out already - sentence suspended - the law is an ass 😡

I do hate that silly expression. His appeal was successful therefore he was released immediately but can be recalled to prison if he offends again during the sentence period.

He's now been released - sentence suspended for (I think) 2 yrs.
One rule for us and one rule for them...

Clearly crossed wires here. All I said initially was "they (CPS) are involved in

Thats all I was trying to point out - CPS work with the courts, they can influence the speed/scheduling and negotiate the dates/times.

I didn't say at any point they set the dates.

Its clearly in the public interest to set the Recall process going asap - as people said, we are paying him, and its up to his constituents to decide if they want him or not.

He’s out already - sentence suspended - the law is an ass 😡

I don’t think so Iam. They can’t influence the outcome of a case but could influence the speed with which a case is heard.

Of course the CPS has conduct of appeals if the prosecution is represented Wyllow. They don’t schedule appeal dates. They are independent of the courts system.

It’s nonsense to suggest the government could somehow influence the appeal process

(There have also been quite long threads a while ago that went into detail about the CPS - their structures and remit - over various cases)

Yes, I'd looked it up.

Appeals for magistrate court sentences go to the Crown Court

www.gov.uk/appeal-magistrates-court-decision/when-to-appeal-to-the-crown-court#:~:text=If%20you%20were%20able%20to,only%20appeal%20against%20your%20sentence.

Scheduling appeals is part of the remit of the CPS

“Within the CPS, conduct of appeals against sentence and conviction is the responsibility of the Appeals and Review Unit, Special Crime and Counter Terrorism Division.”

www.cps.gov.uk/legal-guidance/appeals-court-appeal

Do you have evidence of that?

Barleyfields

Not sure what part you think the CPS played in the appeal Wyllow?

The CPS are involved in scheduling trials and appeals with courts.

Wyllow that seems a more likely scenario to me.

Okay re expulsion, but it amounts to the same thing if he resigned after suspension because he wouldn’t be allowed back as a candidate. I still don’t see a reason for them to push forward his sentence review, as given the current poll ratings there is no way they will be pushing for an early by election. Unless Andy Burnham will chuck in his mayoral role and stand, that’s the only circumstances in which they will do well.

Not sure what part you think the CPS played in the appeal Wyllow?

He wasn’t expelled Casdon. He was suspended and then resigned from the party. The process described by Wyllow can only be commenced once the appeal process is completed so only now can steps be taken to recall him and that would end with a by election. I don’t know what chance Labour have of winning and we don’t yet know who they would put forward.

Barleyfields

There is something decidedly fishy about the speed with which the appeal was dealt with. If that means he can be ousted more quickly there’s a good ending, but clearly strings were pulled by the government and that should never happen.

I think it's in the public interest to have completed the appeal as soon as possible not leaving the constituency in limbo any longer.
I think it's likely this was planned by the CPS all the way through: since he pleaded guilty they knew after scheduling the trial there could be an appeal and had it planned.

Barleyfields

There is something decidedly fishy about the speed with which the appeal was dealt with. If that means he can be ousted more quickly there’s a good ending, but clearly strings were pulled by the government and that should never happen.

Why do you think the government would pull strings to make the sentence of an MP they have expelled lighter Barleyfields? They can’t force an election to my knowledge, the constituents are the only ones who can in these circumstances. Given that there is a good chance that Labour will lose the seat if there is a by election, I just can’t see why they would pull any strings for him.

Cant comment on the sentence as I don't know what the guidelines are but I think it was good to bring appeal forward so things could move on as regards Recall or more hopefully resignation.

I looked up the Recall process as I'd wrongly thought it had to come from the public but it will happen

"Once the court proceedings and appeals process is completed, the court will notify the Speaker of the House of Commons that the MP has been given a custodial sentence.
The Speaker will then contact the local returning officer, which is the person in charge of elections.

In Runcorn and Helsby, that would be the returning officer at Halton Council.

During this process, they are known as the petitions officer.
The Speaker must give notice that one of the conditions for triggering a recall petition has been met to the petitions officer "as soon as reasonably practicable".

Once that notice has been received, the petitions officer must name up to ten places where the petition may be signed once it has been opened.

The receipt of notice is deemed as the day after the Speaker has given notice to the petitions officer.

On the 10th working day after the receipt of notice, the recall petition would open.

That petition will then remain open for six weeks.

"Once the signing period has been completed, the signatures must be counted as soon as possible - no later than one day after the end of the period.

If the petition is successful - if it has been signed by 10% of eligible registered voters - the petition officer must notify the Speaker.

The MP's seat becomes vacant on the giving of that notice - and the public can only be notified after the Speaker has been told.

There is something decidedly fishy about the speed with which the appeal was dealt with. If that means he can be ousted more quickly there’s a good ending, but clearly strings were pulled by the government and that should never happen.