A man has been convicted of an offence under Malicious Communications Act 1988 after uploading a threatening rap video to YouTube.
Henry Skudra quashes default period of imprisonment in the High Court
Henry Skudra acted for a man who failed to make full payment of his confiscation order, and the 3 month time limit for payment had long passed.
The Prosecution applied for a warrant of commitment to send the man to prison for non-payment. The Magistrates’ Court activated the default sentence, sending him to prison for a considerable period of time.
This was successfully challenged in the High Court - appealing by way of case stated.
Following legal submissions, the warrant of commitment was quashed and the man was released from prison. Henry also secured a costs order in the man's favour.