View Full Version : Final case from yesterday's sheriff court session

14-Feb-12, 15:30
Bail breacher given "final, final, final" chance but warned it's her last one

A SOLICITOR made a successful plea to a sheriff to give a repeated bail breacher “a final, final, final, chance”
Irene McPhee was warned by Sheriff Andrew Berry that it would be her last, and if she didn’t comply with a bail order she would be back in prison.
The 54-year-old was released from prison early last month, after serving a four months sentence for an assault she was convicted of. She remained subject to a bail order with a 7pm-7am curfew condition, but admitted twice breaching it, in the space of a week.
Her solicitor, Neil Wilson, explained, then that the reason McPhee had not remained in her home in Kinnaird Street, on the last occasion, was that she had no money for electricity and had gone to another house with her partner, because she was cold.
Mr Wilson told Sheriff Berry, yesterday, that the accused realised “full well” that she had placed herself in “a very difficult position” and continued: “ I have warned her that you might impose a custodial sentence today. She didn’t like prison at all, and, if you are persuaded to give her another chance she would welcome it with open arms, although I am not sure if the social workers are keen to have her back.”
Sheriff Berry: “The problem is that she causes difficulty for everyone by making a compete pest of herself. When she is subject to a court order she doesn’t seem to have the means or willingness to comply with it.”
Mr Wilson: “She doesn’t appear to have the foresight to think through the consequences of what she is doing.”
The sheriff, informed that McPhee’s bail address would be her present home, commented: “I take it, it does have electricity and the like.”
Sheriff Berry said that he was reluctant to send McPhee to prison but explained that if her present behaviour continued, it would be the only course of action open to him.
He deferred sentence for three months to allow the accused to demonstrate she could comply with her curfew and advised her he would consider removing the restriction if she did.
The sheriff said it would test her ability to behave but warned McPhee: “If you don’t comply with the order, I will have no alternative but to send you to prison and it will be your own fault.”