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I didn't stand for the Mags, they couln't hear me so passed sentence - what can I do?

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  • I didn't stand for the Mags, they couln't hear me so passed sentence - what can I do?

    hi all, last Friday I was released from prison after 3 months (3 more now on probation + "top up").
    I was brought to the dock and sat, I asked for the injured party to step forth or to whom I owe money if it is a civil matter, I stated the court has no jurisdiction, that it was not a court of law or of record, I was told to stand so they could tell me my charges, I refused as no jurisdiction, they (legal advisor I think) said "we can't hear you". I was sent back to the cell, brought back up and sat again and sat, then sent back to the cell, sentence was verbally delivered by one of GeoAmey Officers/Staff.

    Prior to this, I had the hearings (early April 2022) which for medical and covid reasons I could not attend, the court had told me to send a screen shot of positive lateral flow tests, this I did, the hearings were adjourned and I still tested positive so sent off the screen-shots (the CPS sent correspondence stating one of the police officers/witness could not attend due to covid). Then 20th April I got out of my car as I was walking up my drive I heard "don't move" then was dived on by a police officer, a 2nd also was there to assist. I was handcuffed, I required the warrant but have never seen it. Then loaded into the cell van put in a cell over night, transported to the Magistrates...then as above and sentenced date I believe 22nd April.

    The offenses/charges are:
    - April 2021, failing to provide breath, I had been following a police van down a country lane when at a junction it stopped to turn left (in a bus-bay) as I was turning right I moved forward looking right after the van moved, when I looked forward the van had stopped and I collided, they stole my dashcamera and have not returned it. At the station they found a small lock-knife on me, I was charged for; failing to provide breath, resisting arrest & offensive weapon, I told a duty solicitor that the knife was used for hunting & fishing that I had been doing, this charge was dropped as I had lawful reason. I was due to attend court in May, sent correspondence, didn't turn up and heard no more from the court.
    - September 21, after hunting & fishing I was parked on a country lane before going home (dusk) a police car turned up and an offer began asking me questions "what I'm doing etc..." I was offish as I was minding my own business, on the PNC it was flagged that there was a warrant for me as I'd failed to turn up to court, they dragged me out of my car, I was handcuffed then arrested for a dangerous weapon (I had a replacement small lock-knife), taken to the station then mags the following day, where a date was set for the hearing (mid April 22).
    - Late November 21, I had been out with a mate for a few beers, taken steadily over several hours in a small bar (in the district that the previous incidents occurred) playing pool, my car was outside, when we decided to leave I started the engine, then a woman who had been inside opened my door and tried to take my key, I said "what are you doing", closed the door and waited for my mate who was smoking outside. A very short while later I remember flashing lights, then been on the floor in pain, then in a police car (I remember an officer next to me on the back seat, I was handcuffed), then on a blue mat on the floor of what turned out to be a police cell. I was charged for failing to provide breath...I recall none of it, the following evening I told the desk sergeant I believe I have been spiked, he did no more. At the mags on Monday, feeling terrible I told a duty solicitor what happened she said I should get a blood test, she entered a not guilty plea, I was not allowed to speak then reminded in custody till Thursday where I was put on home curfew (9 hours) a day (not considered on the sentence, the remand was considered).

    Sentence 6 month in prison (26 weeks for offensive weapon in a public place), 36 months driving bad (1x failing to provide breath + blood, £120 resisting arrest.

    I understand an appeal must be done in a month but a judicial review is open to me as "every individual has a right to be heard", and suggestions most welcome.
    Tags: None

  • #2
    Originally posted by itm View Post
    ... I stated the court has no jurisdiction, that it was not a court of law or of record, I was told to stand so they could tell me my charges, I refused as no jurisdiction...
    Oh for crying out loud.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      I writhe amid things that both should and should not be said.

      I find it difficult to summon sufficient sympathy to answer save persistence with he present nonsense will only guarantee more and similar experiences for the OP.
      Last edited by dslippy; 22nd July 2022, 13:49:PM. Reason: Tongue bitten

      Comment


      • #4
        NB the OP had the right to be heard, but chose very clearly not to avail himself of the opportunity. Some problems are self-inflicted.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Another victim of the Freeman on the Land myth it appears. It looks like the sentence was reasonable if you did indeed have the knives in a public place and they were of the kind prohibited by the law. My suggestion? Do not even attempt to waste your money on any form of appeal. JR can only be on points of law not the verdict in and of itself. Next suggestion - forget any of the FOL rubbish and comply with the Police when given directions (you can complain later if you feel they are unfair)

          Comment

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