Amber Hobson obtains suspended sentence for defendant charged with misconduct in a public office.

The defendant in this case was a prison officer who embarked on a sexually charged relationship with an inmate, exchanging messages and intimate photographs. The prosecution pointed to the case law for misconduct in a public office which states clearly that immediate custody is inevitable save for in an exceptional case. 

Amber Hobson, defending, mitigated on the defendants behalf pointing to her family commitments, genuine motivation to engage with services and argued that there were sufficient reasons to determine this was an exceptional case meaning that the court could stand back from custody. 

HHJ Thackeray commented on the "excellent submissions" of Ms Hobson, adjourning the case for two days to determine the defendants fate. At the point of sentence he stated "I have to consider whether the seriousness of the offence means this must be an immediate sentence. This has been a finely balanced exercise. I am persuaded by the submissions of Ms Hobson that you can be managed in the community". The defendant received an 8 month suspended sentence, suspended for 12 months with a number of community requirements. 

Amber was instructed by Emma Solomon-Hill from Jason Nicholsons Solicitors.