Reported Case

Royal Courts of Justice- In the High Courts of Justice- Queen’s Division

Duncan Lewis represented a Defendant who suffered from some mental health difficulties, these difficulties did not excuse his behaviour in relation to a large number of contempts, but following representations to the Court. The Court agreed that a further term of imprisonment would simple led to further deterioration and to the determent to the treatment of the Defendant such as to in the long run, make it more probable that the Defendant would re-breach the order. The Court rejected submissions that the failure to progress the matter and or to provide witness for cross examination in the circumstances of the case was not unfair so as to breach Article 6 rights. The Defendant was sentenced to seven months imprisonment suspended for two years.

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