An interesting read for all

[Marty]

http://fordtransit.org/forum/viewtopic.php?t=132875

[peteT16]

Got to be registered

[Marty]

Got to be registered

Ill copy and paste it

[Marty]

Copied from linked thread


Didn't mention it, but went to court last month, speeding and just like last time I knew I wasn't (last time the cop framed me without evidence, 3 month ban and 700 quid fine), anyhow, again went to court, but this time they said the had video, GOOD! let's see it... took ages to get a copy, for obvious reasons, yes it is me in the video (I think they thought I'd be pleading not guilty to it being me!), but the cops is waving the laser device about all over the place, showing errors and not actually being on the 'target' long enough (yes, not even a 1/3 of a second!) they seem a little shocked when I produced the stills and explained the error, the prosecution asking why I didn't show it to them prior to trial (They never asked!) anyhow, despite this we'd just had 2 hours of cops swearing adamantly it was me (I even told them they did not have to persue this line, it was me!)...

So, a couple of hours in, I present my evidence (it well documented that the device used (and favoured!) by the police is prone to errors (that's why they use it )), but hey, let's not stop there... someone has to pay for this trial and it looks like it's going to be me.... ''We've heard enough'' claimed the magistrate as I was giving my evidence (yet sat and listened to everything the cops had to say!), off in the back for a brew, a cig and a pisstake about what they could do to me for 'daring' to plead not guilty in their court.... 6 points, £285 fine, £680 COSTS, some victim surcharge, few quid short of a thousand pound!!! LOL made me laugh, ''How are you going to pay'' says the corrupt silly old b'stard in the middle, ''I'm not'', said I, ''I will be appealing, ''place a collection order on this fine'' said the now acting quite maliciously magistrate, oh, if there's any doubt to anyone being found not guilty them listen to this, I was also in court for 'NO LICENCE'', apparently according to the DVLA I hadn't applied for one after being disqualified, yet I had a letter from the DVLA stating that the licence I now held (After disq') needed ammending and if I returned it they would send a replacement, they didn't.... so for having a 'LEGAL' defence for the licence.... 'GUILTY' (but no penalty), they just can't resist can they!

Now, things are moving forward, infact the stakes have risen so high that potentially there are 100s of thousand of Magistrates decision that are null and void, sentences past without and legal authority........
Under ENGLISH LAW, it states that in atrial of the kind someone would attend like this one, THE MAGISTRATES SHALL BE PRESENT THROUGHOUT THE WHOLE PROCEEDINGS, IF A JUSTICE ABSENTS THEMSELVES FROM THE TRIAL, THEY HAVE NO RIGHT TO RETURN....

Magistrates’ Courts Act 1980
You are here:1980 c. 43Part VIIConstitution and place of sitting of magistrates’ courtsSection 121


121 Constitution and place of sitting of court.E+W.(1)A magistrates’ court shall not try an information summarily or
hear a complaint except when composed of at least 2 justices unless the trial or hearing is one that by virtue of
any enactment may take place before a single justice. .
(2)A magistrates’ court shall not hold an inquiry into the means of an offender for the purposes of section 82 above
[F1or determine under that section at a hearing at which the offender is not present whether to issue a warrant of
commitment] except when composed of at least 2 justices. .
(3)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(4)Subject to the provisions of any enactment to the contrary, a magistrates' court must sit in open court if it is— .
(a)trying summarily an information for an indictable offence, .
(b)trying an information for a summary offence, .
(c)imposing imprisonment, .
(d)hearing a complaint, or .
(e)holding an inquiry into the means of an offender for the purposes of section 82.] .
F3(5)A magistrates’ court composed of a single justice F4... , shall not impose imprisonment for a period exceeding
14 days or order a person to pay more than £1. .
(6)Subject to the provisions of subsection (7) below, the justices composing the court before which any proceedings
take place shall be present during the whole of the proceedings; but, if during the course of the proceedings any
justice absents himself, he shall cease to act further therein and, if the remaining justices are enough to satisfy
the requirements of the preceding provisions of this section, the proceedings may continue before a court composed
of those justices. .(7)Where the trial of an information is adjourned after the accused has been convicted and before he is sentenced
or otherwise dealt with, the court which sentences or deals with him need not be composed of the same justices
as that which convicted him; but, where among the justices composing the court which sentences or deals with
an offender there are any who were not sitting when he was convicted, the court which sentences or deals with
the offender shall before doing so make such inquiry into the facts and circumstances of the case as will enable
the justices who were not sitting when the offender was convicted to be fully acquainted with those facts and
circumstances.

Now, as some of you poor chaps will know who have had the misfortune to attend court, after theprosecution have gave their evidence and you have given yours, they up sticks and swan off to the backroom for tea and biscuits whilst everyone esle remains in court (in the proceedings), they then return 10/15/20 mins later (NOW ILLEGALLY SITTING IN THE PROCEEDINGS!!!!!) to pass an equally unlawful/illegal sentence.... Oh dear, the last 5 times I have attended Magistrates Court, everytime they did this, infact, going back to the mid 80's, the practice was still being done, so for the last 33yrs, Magistrates have been sitting in courts illegally dishing out unlawful sentencing (remember, only those were they left the court! If they remained in the court, then the sentence is lawful), every sentence passed by a magistrates court in this manor is illegal... wonder just how many people have been 'victim' to this.... after all, the LAW applies to everyone!... it doesn't even matter if you pled GUILTY, if the Magistrates left the court, the sentencing was unlawful/illegal.

All of a sudden, the system is scurring to follow proceedure, I did appeal but felt this was not the correct course of action, I made a complaint about the CPS (failed to follow their own code of conduct!) tried fobbing me off.... claiming because I've been convicted... no no no, they're not listening are they! and complaint of the courts, who assured me the correct course of action was to attend a Crown court appeal (once they reconvict you of the same offence they'll tell you you have no right of appeal ), The correct course of action is to Appeal to the HIGH COURT as the trial was wrong on a point of law (court complaints didn't say this!), I have now cancelled my Crown Court appeal as this is not the right action to take.
Like I said, it looks like 100s of thousand of Magistrate trials have been conducted outside the law!

Bet they're wishing so much now, they hadn't have let that cop frame me (another sentence passed illegally!).

[notroubleclubber]

Surely leaving the court means leaving the building, not the room.

I'm sure a lawyer/solicitor would of picked up on this by now if this was not the case.

[Marty]

Who knows I thought there may of been someone on here who would know for defo

Rastlin would of known

[pengy_666]

That was a very complicated read and IMHO, hasn't achieved anything.

[Punx0r]

+1

I think the guy is barking up the wrong tree in all his dealings with the courts.

[pengy_666]

You can't beat the law, speeding is speeding.

I've been to court over a talivan, entrapment. They broke so many regulations but it doesn't matter. Bang to rights, speeding is speeding no matter how the catch you.

[agw_01]

+1

I think the guy is barking up the wrong tree in all his dealings with the courts.

Agreed. He's got to be doing something very wrong to be pulled up in court on so many occasions.

Also, a 3 month ban and 700 quid fine? Just how fast was he NOT going?

[peteT16]

i agree, a guy at work thought he was being really clever by disputing the calibration of the hand held speed gun, what would have been £60 and 3 points turned into 3 points and a £450 pound fine, very clever, he did good,

[maestrovdpt16]

how has the technology of the handheld devices changed then? I remember seeing tests of these and they proved to be wildly erratic to say the least. I think it was on 5th gear.

[Punx0r]

If someone finds what they believe to be a genuine flaw with the equipment/process/calibration then fair enough, they should make the argument in court.

You need to know what you're talking about, though. Your case would also have to be well presented as well as technically correct.

If this guy thinks he's spotted a simple flaw that renders invalid all magistrates court judgements for the last 30 years, I'm guessing the "flaw" he identified with the speed measuring equipment was of equal quality.

[rover220]

what a load of waffle!

wasted 5 minutes trying to read that

[Smilerbaker]

I was caught going a bit too fast on the M20 a few years ago, bib got just about everything wrong, caught with a stop watch but the distance marks they timed me between where below the min guideline, they got my car wrong, and my name wrong on the summons etc etc I paid for a very expensive solicitor and barrister as I couldn't afford to lose my license, and there stunning advice, plead guilty otherwise you'll just tripe n onions the magistrate off and they'll come down heavier on. so I did, kept my license but got 11 points 540 fine and the solicitors etc costs which where quite a bit more then that !! and my insurance was due the week after my conviction, and that doubled too lol

[radddogg]

I was caught going a bit too fast

Define a bit too fast?

[214_si]

I've got quick one. I was in court while back under new law of tax vehicles must be Insured.

Well after the spill about my traders policy only needs me to list vehicles I have 14 days plus they were not buying it.

I ended up showing the judge the log book which states "this does not prove ownership just who is responsible for taxing vehicle " does not mention. Who is responsible for insuring the vehicle

He then put this to dvla bloke and he couldn't argue with this.

Boom, case dismissed I couldn't believe it I was clutching at straws

[Raistlin]

Who knows I thought there may of been someone on here who would know for defo

Rastlin would of known

Yep, reckon he would have known

[Marty]

Who knows I thought there may of been someone on here who would know for defo

Rastlin would of known

Yep, reckon he would have known

Good lord you alive how's it going

Talk about a blast from the past [emoji43]

Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone

[Raistlin]

Who knows I thought there may of been someone on here who would know for defo

Rastlin would of known

Yep, reckon he would have known

Good lord you alive how's it going

Talk about a blast from the past [emoji43]

Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone

Still going

DOn't drive a Rover anymore though.

[Marty]

Where you been hiding for the last few years good to see you still going

Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone

[Raistlin]

Where you been hiding for the last few years good to see you still going

Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone

Moderating a Jaguar forum now. Also doing retro-fits and electronics modifications on Jaguars.

[BlueRover]

Marty, do we really need to know "Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone"









Sent from my self-built Windows 7, AMD Phenom X4, 16Gb ram, 4 TB hd storage, ATI Radeon HD4870 x 2 .......... better than an AMD K6-200 ..... etc etc.

[Marty]

Marty, do we really need to know "Sent From My Galaxy S7 Edge Using Tapatalk.....Considerably Better Then an IPhone"









Sent from my self-built Windows 7, AMD Phenom X4, 16Gb ram, 4 TB hd storage, ATI Radeon HD4870 x 2 .......... better than an AMD K6-200 ..... etc etc.

It was a windup done for another forum but seems to of added it here I'll switch it off that better [emoji38]

I'll send some happy pills in the post for you

Good spec PC by the way

[SubCat001]

Blimey Paul!!! Long time no see.

[Raistlin]

Blimey Paul!!! Long time no see.

Yes mate. Still calln occasionally

[PJW]

Its just a regular reunion in here, all we need is Stef, syzsounds and dreddan

and squaddiemoto

[Marty]

Christ they all coming out of the woodwork haha

[benh2012]

This all makes an interesting read.