Mark Robinson, instructed by Cotisens Solicitors, successfully argues Article 6 ECHR to secure bail for his client.
The client, charged with assault occasioning actual bodily harm, had already spent 3 months on remand and the trial was on the warned list for July 2021. In addition to the written submissions made by the instructing solicitors, Mark relied on Article 6 of ECHR and submitted that it was virtually impossible to get a legal visit in the current pandemic. With the client unable to privately communicate with his legal representatives and provide instructions, he would in effect, by remaining on remand, be denied the right to a fair trial.
Mark also submitted that the client would have served an 18-month sentence for the ABH before the case even comes to trial, notwithstanding being on the warned list does not guarantee the trial will be effective within the two-week window. Due to the category in the sentencing guidelines that the case falls within, the client faced the prospect of serving a longer sentence on remand than if he had been convicted after a trial.
The Judge agreed and granted the client bail with an electronically monitored curfew and an exclusion area.
Mark’s full profile here: https://greatjames.co.uk/members/mark-robinson/