The Justice of the Peace [magistrate`s] Blog:

In response to:THE FUTURE OF J.P.s IS THE END OF THE ROAD

Sun, 19 May 2013 20:27:05 +0200

This trend has been clear for several years. The gradual reduction in remit of JPs (eg. No longer sitting with DJs in Youth Courts as they used to, removal of responsibilities for licensing of betting & gaming, not allowing 'lay' justices to deal with sex offences in Youth Courts, ensuring that any high profile cases were dealt with by DJs or DDJs, removing responsibility for adjudication s within prisons) has shown exactly how government sees the future of magistrates. Throughout this time, I have failed to understand why those politicians and supporters of a fair judicial system have strenuously defended judgment by ones peers through the jury system yet happily accepted the removal of this age old concept in the lower courts.

In response to:THE FUTURE OF J.P.s IS THE END OF THE ROAD

Sat, 18 May 2013 15:56:49 +0200

It is, as you imply, being done by stealth, which has always been any government's preferred tactic as informed debate can thus be easily prevented. It is interesting to note the costs quoted for a DJ; the real cost is of course much higher once on-costs and pensions are taken into account, and are probably nearer to £150,000 p.a. Nice work for some.

In response to:WARRANTS OF ENTRY AND APPLICATIONS TO DISCONNECT UTILITY SUPPLY

Wed, 15 May 2013 11:27:55 +0200

Prior to an application for a warrant the usual procedure is that the company must write to the address in question stating its intention to so apply thus allowing the individual time to pay required amount or to arrange to attend the court hearing as an objector. A copy of this letter must be shown to the court where application is being made.

In response to:WARRANTS OF ENTRY AND APPLICATIONS TO DISCONNECT UTILITY SUPPLY

Wed, 15 May 2013 06:37:25 +0200

Very interesting reading.

I was visited by Eon yesterday who had an entry warrant.

I had no idea they were applying for a warrant.

Where can I get a copy of the proceedures used to obtain a warrant.

David.

In response to:GET OUT OF JAIL

Sun, 12 May 2013 08:14:09 +0200

I should think Serco et al can easily sort the wheat from the chaff - at least well enough to focus their expenditure profitably.

Chucking prisoners out with a few quid and no support seems pretty dim - especially as accommodation is hard to find and jobs practically impossible to find. We will see how they get on - could hardly do worse.

The addicts and mentally ill represent a harder nut, having someone 'on their case' in an intrusive way may turn around a few but if I were running Serco etc I would be looking at the fine print of 'what defines success' with a view to my profit margin. NHS? - far too expensive, I think 'client hotels' will be on the agenda.

Now what about the successful criminal who gets out of jail and declares 'I'm off to Marbella mate'. Can he be prevented? Profit margin suggests don't bother.

Hard hearted and cynical probably but this whole area is a money sink and I suspect there are no long term benefits.

In response to:IT WON`T GO AWAY

Sat, 11 May 2013 14:13:48 +0200

I am similarly amazed. I am equally amazed how many never receive the original summons but, somehow, receive the sentence notification (at the same address)

In response to:GET OUT OF JAIL

Sat, 11 May 2013 14:10:20 +0200

'the rotary blade of austerity'- I like that! I shall use it alongside 'the dead hand of officialdom' and 'management by incantation'.It'll be interesting to see how this initiative pans out; it has a veneer of logic to it, but.....

In response to:ONLY A MISDEMEANOUR

Fri, 10 May 2013 11:46:18 +0200

Indeed, we have provided, what 'we' (at least, Ms Hewson, as a barrister) means, by the term, today.

In the 'colloquial sense' (almost always dangerous and misleading), such actions are 'minor offences or transgressions', in the scheme of things, as evidenced by legality and sentencing.

Remember, that such actions have to be objectively-decided, as 'sexual' (SOA 2003), and sometimes they will not be, thus, not even against the law.

The OSC

In response to:ONLY A MISDEMEANOUR

Fri, 10 May 2013 11:22:07 +0200

As far as I am aware there is no longer a classification of "misdemeanour" in English law. The term is current in the American legal system. Therefore I use the word in its colloquial sense, "any minor offence or transgression"

In response to:ONLY A MISDEMEANOUR

Fri, 10 May 2013 11:08:42 +0200

Surely you are aware, of the sentencing guidelines etc, for the whole range of 'sexual offences'?

... and that misdemeanor=***summary***/either-way offence/caution.

How can Ms Hewson be incorrect?

Many of your other arguments, are at least debatable/non sequiturs, but this will do, for now.

The OSC

In response to:ONLY A MISDEMEANOUR

Thu, 09 May 2013 16:11:01 +0200

I don't agree with lowering the age of consent but I do believe we need to recognise there are gradations of sex offences. Media reports of recent months amalgamate all such crimes under one heading giving either undue importance to lesser offences or less weight to the more serious.

I see a social impact from the rhetoric that considers anything from the merely inappropriate to the seriously criminal as equally heinous. People I know, mostly men, avoid innocent interactions with children where it has any possibility of being misinterpreted. I know fathers conscious of how they are seen with their children in public.

It's almost time for another Brass Eye special from Chris Morris.

In response to:WARRANTS OF ENTRY AND APPLICATIONS TO DISCONNECT UTILITY SUPPLY

Tue, 07 May 2013 18:21:23 +0200

Could you please explain The Legalalities of a Utility Warrant. I am a locksmith, I work for agencies who supply locksmiths for the purpose of gaining entry to force fit pre payment meters 'where practicle' or disconnect supply.

My question is, if the meter is outside of the property (either in a box out side the property or communal cupboard) does the warrant LEGALLY entitle forced access to the property for any reaonn? I have been quoted by suppliers that 'health & safety'or vunerability are 'reason' to enter.

I believe the warrant Legally entitles access to the meter and any cable of pipe work to and from the meter only.

I believe this is utility companies abusing the warrant and some one needs to spell out the LEGAL response to this subject as I know a lot of people in my trade are worried that one day one of us will be arrested and that will be the end of our business.

Thanking you in advance

Dave

In response to:THE SCANDAL OF A COURT`S SECURITY

Mon, 06 May 2013 19:38:50 +0200

I have long thought the legislation that arises from politicians' speeches to be totemic rather than practical, ever since I saw a label on all the fishknives in John Lewis reading "Not for sale to under 16s".

In response to:THE SCANDAL OF A COURT`S SECURITY

Mon, 06 May 2013 00:40:49 +0200

... and almost of those knives will have been confiscated unlawfully.

If you do not belief this, see what the law actually says and what the signs on the court building walls say, which leads to the regular unlawful confiscations and the trouble it can bring.

I always take a penknife in, as I know it will be confiscated, but the pleasure comes from knowing the time and money it will cost, for it to be sent back to me.

Small victories count :)

A Happy Reader.

p.s. Anyone could bring in a non-metallic weapon, if they so wished, so it is false security ... and, as it does not happen ... it just shows what a fallacious and pointless activity it really is.

In response to:THE SCANDAL OF A COURT`S SECURITY

Mon, 06 May 2013 00:37:21 +0200

Sorry, correction ...

"... and almost of those knives"

Should be

"... and many of those knives"

HR

In response to:PROBATION WORKERS` BIBLE OF COMMUNITY PAYBACK

Sun, 05 May 2013 21:43:40 +0200

Someone has been on a management speak course. Perhaps the authors could be encouraged to go out to the real world and work with real offenders on real projects.
No, I thought not.

In response to:PROBATION WORKERS` BIBLE OF COMMUNITY PAYBACK

Sun, 05 May 2013 10:13:23 +0200

Having read your amusing asides on the Noms speak that peppers most Probation documents these days, it will be of considerable interest to many of those in/out of the Probation Service & as importantly sentencers . To see just how new providers of Probation services may well offer equally arcane manualised approaches. I have sent 5 separate requests to Serco, who operate CP in London for basic information on service delivery w/o success since March!! Maybe the MA could ' nudge ' them a little?

http://www.ethosjournal.com/topics/justice/item/426-community-payback-and-rehabilitation

Mike Guilfoyle
Former Probation Officer ( London)

In response to:MUSINGS ON TUESDAY

Thu, 02 May 2013 13:25:27 +0200

I am being set up for Prison unlawfully again. Already been put in Doncaster Marshgate under FALSE date of birth of 24.5.1972. My 76yo Mum & I have HELP painted on evil village of Dorman Avenue North, Aylesham, Canterbury, Kent. We are both vulnerable disabled adults, Mum's had SIX angina attacks over bad Police of Aylesham, Folkestone, DOVER, CANTERBURY, Margate & of course we all know how bad DONCASTER Police of South Yorkshire are. Fighting extreme judicial, Police, Probation corruption, ignorance, discrimination, extreme violation of EC Human Rights & Disability Rights, Equality Act 2010, PSED Public Sector Equality Duty. I am under Autism Spectrum, born deaf, dyspraxia, adhd, clinical depression, need glasses for lip reading, asthma, high stress & anxiety, speech defects, only learnt in 2010 my face does not work properly, attacked by G4S security twice at Doncaster Magistrate last Friday 26.4.2013. I will for first time plan naked protest in cell, covere d in excrement with poo writings on wall.
Those of you that are so delighted at these new changes, you're naive with your head in the sands if you don't think what's happening to my Mum Beryl & I won't happen to any of you. It's SO easy to have corrupt District Judge, magistrates, Solicitors, Police, Wardens.
I upset the system by being one of the first to sue the bad Solicitors Regulation Authority via the brilliant Equality Act 2010 using N1 Claim form via corrupted Sheffield County Court for disability discrimination in services using actual deaf recorded calls that can print telephone conversations verbatim (imagine msn messenger) case 1SE06800 Even a corrupt Judge came to corrupt lying murdering vile torturing Canterbury Police cell on 2nd Jan 2013 and not only covered up my torture but forced Mum and I back to Tait Avenue, Edlington, Doncaster, South Yorkshire, he went on to convict me via Margate magistrate when he knew I was being tortured at DONCASTER Police cell from 28.2.2013 I plead NOT GUILTY TO EVERYTHING! And they silence me at every opportunity. Roll on England's armed revolution. Please see AllenVincent489 for video's and documents.

In response to:UTILITY COMPANIES STILL DON`T GET IT

Wed, 01 May 2013 22:22:59 +0200

I have also just left a comment on an older blog of yours with a full story of a illegal break in to my property. A "rubber stamped warrant@ which should never have been signed that had no customers name, or details and based on incorrect invoices that should not have been issued and total incompetence by the Utility company.
The electricity company Utility warehouse, opened an account with no name just the supply address and the meter was not even connected. Further details about the illegal break in we're posted on your older blog.

It is interesting to read your blogs. The system seriously needs to close the loophole of default accounts that are not linked to correct accounts.

In response to:SOUTHERN ELECTRIC THINKS JPs WILL RUBBER STAMP THEIR ENTRY WARRANTS

Wed, 01 May 2013 21:46:38 +0200

Utility warehouse broke into my apartment recently .
There is a serious flaw in the warrant system.
I had bought a buy to let property over a year ago .
I signed up via a distributor for 4 services from them.

I provided a meter reading. I did not know the previous energy supplier.

I provided my email as a contact, mobile phone number, direct debit details and the address of the supply property. All went well and I had on line bills which I checked and amounts debited from my bank account.
Last September I visited the property and found bills "addressed to the occupier" for overdue electricity invoices from EDF.
I made several calls to both EDF (as well as Utility warehouse )UW requested I provide the with a meter serial number which I did . There were 2 meters to the property according to The National Database.

The one not connected as i recently discovered was the one UW took over. I was assured that last Sep UW would sort out the problem, direct debits were still being taken out of my account. i was away during the early part of this year and to my horror 2 weeks ago I received a call from my agent while i was at work to state that Utility warehouse had broken into my apartment, changed the locks and were asking where the meter was. The meter is in an outside vault. My agent and I thought it was some sort of scam. I phoned UW with the reference number they left the agent.

Fortunately there was not a tenant there at the time. I spoke to a person from The energy dept who said they would look into it- they said a debt collector had a warrant. I had to phone them several times to try to get an explanation, I was furious and requested someone from the CEO's office or the CEO - Hon Charles Wigoder to contact me, instead a condescending unpleasant person from their debt collection office said they did not provide me with any electricity, could not confirm if I owed them any money. it turns out last September after my phone call, they cancelled the electricity supply-,without any notification to me and - (but not the 3 other services). They opened a new account"addressed to the occupier " this default account was for a meter that was dead. Thus a warrant was signed by a court enabling them to break into a property totally without any knowledge of the owner, myself and with no correspondence to me.

It also transpires that EDF who also closed my account last September, opened a default account for the meter that does actually provide power. I had to phone them after the above incident asking them if they were providing any power to the property. i had to give them my details again. The same problem could have happened as I had not paid EDF incorrectly assuming UW took over the correct meter.

EDF says the onus is on the incoming supplier. I am still awaiting a proper response. My husband who is disabled was very upset.
I still have not seen any warrant, bills or anything to state that I owe any money. It appears that this is a huge flaw in the system. If you don't live in the property you are not aware of any problems until they arise.

I am furious with the attitude from Utility warehouse.

They have implied I had provided them with incorrect information about the meter when it was totally down to their incompetence that the supply was not taken over properly. Their attitude was poor customer service has caused an "inconvenience" to put it mildly. The person who wrote to me from there will not provide a direct contact number or their email address. I will not let them get away with fobbing them off as they are not only in breach of contract with me, they obtained an illegal warrant, as I so not owe them any money.

An older less assertive customer would have felt very intimidated and I think that this weakness in the system must be addressed. I would appreciate any comments as how to legally seek redress

In response to:LOUIS SUAREZ AND THAT BITE

Wed, 01 May 2013 14:32:42 +0200

I think it is a very appropriate neologism and should be widely adopted!

In response to:LOUIS SUAREZ AND THAT BITE

Wed, 01 May 2013 13:30:16 +0200

More haste and less speed.....mea culpa

In response to:LOUIS SUAREZ AND THAT BITE

Wed, 01 May 2013 13:21:38 +0200

viscious (adj); having a thick, sticky consistency between solid and liquid and a tendency to violence.

In response to:BERWICK NEWSPAPER CONFUSES NEWS AND OPINION

Tue, 30 Apr 2013 10:06:01 +0200

The Howard League is not of course alone in presenting statistics in a way which helps to promote its cause. The more serious distortion of offending stats. is that used by penal reform lobbies, police, politicians is statistics showing the effectiveness of community sentencing against custody. Reoffending rates are distorted by differences in use of the period during which the re-offending occurred (eg. at the theoretical end of a community penalty, release dates from custody, the end of a custodial sentence etc etc) and more seriously little if any weight given to the type of offence, the offender's history of offending, failure to respond to previous non-custodial sentences etc etc. In other words, you can make the figures show whatever you wish. And todays unsurprising news of police use of offenders apologies / compensation to victims of serious crime throws suspicion on recent statements about violent crime levels.

In response to:LEGAL ADVISORS STRIKE AGAIN

Sat, 27 Apr 2013 15:52:41 +0200

lol bu it is true chucck.norrris@gmail.com

In response to:THE RUIN OF A COURTS SYSTEM

Wed, 24 Apr 2013 13:17:10 +0200

This happened to my partner in an appeal to overturn an illegal restraining order.

After 18 months he finally got his appeal listed and travelled over 100 miles to london for the hearing. He gave his opening statement to the very sympathetic magistrates, who then asked the CPS to respond. However, it was a Crown Agent and she told the magistrates that she had no casework papers. The Magistrates were very angry and ordered an adjournment for half an hour. The lady then returned and apologized to my partner and the magistrates. She had telephoned the CPS who informed her that they could not locate any physical or electronic casework papers and the case was adjourned for two months. The three magistrates were entirely different magistrates to the ones who dealt with the case against my partner and it was in a different area of London also. However, when my partner attended the adjourned hearing two months later, the three magistrates at the february hearing did not attend, and instead, the court had shipped in the original malicious prosecutor and the malicious three original magistrates in the original case against my partner.

Can you advise please, is it normal in an appeal to ship in the original case magsitrates as this seems quite irregular to me ?

In response to:DEFERRED PROSECUTION AGREEMENTS

Wed, 24 Apr 2013 13:08:08 +0200

Dear Sir,

I have just read about plea bargaining.

In 2011 in a malicious prosecution of my partner who pleaded not guilty to two charges, on the second day of trial after the prosecution saw it was not going their way, they offered by partner a plea bargain deal if he pleaded guilty to one charge of harassment which he could prove he was not guilty of.

However, his solicitor in front of myself and another witness told him that if he did not accept the deal that he knew the magistrates would find him guilty and convict him, and he added that he had no intention of putting my partner on the witness stand or producing his defence evidence ! The solicitor really put pressure on him to accept the deal and gave him barely ten minutes to make the decision.

I have been reading about the rules for plea bargains below. This procedure was not followed by my partners solicitor and my partner was not informed at the time of this plea bargain offer what the magistrates sentence would be. Pressured into accepting the plea bargain he then received a six months prison sentence for something he had not done, his solicitor had deceived him.

Therefore can you tell me please was that plea bargain illegal and does my partner have any recourse in law.

Many thanks for your very kind attention.

The different types of plea bargain

Plea bargains can usually be differentiated into the two following types:

A charge plea bargain will enable an accused individual to plead guilty to a lesser crime than the one he is charges with – in most cases falling into one of the two categories outlined above.

A sentence plea bargain occurs when a judge informs a defendant of what sentence he will receive if he pleads guilty – it is then up to the defendant to accept or reject the plea bargain.

What should an individual who has agreed to a plea bargain ensure happens?

An individual who has agreed to a plea bargain should do the following things to ensure that the plea bargain actually happens:

Firstly they should ensure with the help of their lawyer that the time and the date when the plea bargain was made are stated on the documents which outline the terms of the deal. The lawyer defending the individual who is the subject of the plea bargain should negotiate and review all the terms of the plea bargain before it is agreed in writing

Reference to the written plea should be made during court proceedings – this will ensure that the existence of the plea bargain will become a matter of court record. Simply mentioning it is enough without the exact terms and conditions stated in the plea bargain being required to be stated in court

An individual who is the subject of a plea bargain should always act in accordance with the terms of the plea bargain which will often require testimony in court amongst other things

In response to:CPS CANNOT BE A WHIPPING BOY

Wed, 24 Apr 2013 10:48:11 +0200

My bad, as they say. Interpreters are what I had in mind.

In response to:BARRISTERS BARE THEIR TEETH AND BLOGS BLOG ON

Tue, 23 Apr 2013 13:34:59 +0200

It's only a matter of time before we get a less idiotic government. We can at this stage only hope it will be sufficiently less idiotic.

In response to:CPS CANNOT BE A WHIPPING BOY

Tue, 23 Apr 2013 00:39:07 +0200

Translators are only very rarely required in court. Interpreters on the other hand are regularly essential. There is a fundamental difference in rôles between the two professions. Translators produce written versions of texts in another language. Interpreters provide a (simultaneous or consecutive) spoken version of what is said by / to the speaker of another language.