blubottle needed/police action/employment disciplinary issue

[bluebottle]

Re: blubottle needed/police action/employment disciplinary issue

If at all possible, have the application heard by a District Judge or Deputy District Judge. If the union's barrister has good grounds for asking for a postponement, I cannot really see what reason the court would have for rejecting the application. If it is JPs sitting, expect fun and games, because these pillocks tend to rubber stamp whatever the police tell them or make up their minds before the matter has even been heard. And they wonder why decent police officers and the legal profession - barristers and solicitors - want to see JPs abolished.

[miliitant]

Re: blubottle needed/police action/employment disciplinary issue

all thats stated in the email received from the union barrister in that the CPS has responded to the application to reschedule the hearing to a later date from the union legal department, and a date for the application hearing is at the magistrates court next week

i was under the impression that all magistrates were now district judges and that lay magistrates were a thing of the past, or a lay magistrate could not sit on the bench on their own

[bluebottle]

Re: blubottle needed/police action/employment disciplinary issue

all thats stated in the email received from the union barrister in that the CPS has responded to the application to reschedule the hearing to a later date from the union legal department, and a date for the application hearing is at the magistrates court next week

i was under the impression that all magistrates were now district judges and that lay magistrates were a thing of the past, or a lay magistrate could not sit on the bench on their own

Unfortunately, no. There are still JPs about. The sooner they are abolished, the better. They are not good for justice. However, it will require an Act of Parliament to abolish them.

[miliitant]

Re: blubottle needed/police action/employment disciplinary issue

i realy value your imput bluebottle. everything you have said has happened

well we were in the magistrates court this morning with the union barrister for the application hearing to set a new trial date.

they were three JPs on the bench and not a district judge.

the cps objected to the postponement for a new trial date and the magistrate were lost and totally agreed with the prosecution.

the trial goes ahead next week

the magistrates asked why a barrister was involved in a simple assault case, the barrister responded as to why the cps were adamant on putting a simple issue through the justice system

its about time we got rid of JPs and instead left it to the professionals such as circuit or district judges

justice was not served today but we just carry on now as though nothing has happened

[miliitant]

Re: blubottle needed/police action/employment disciplinary issue

Just got back from court

not guilty

prosecution withdrew the charges

[Hurricane Puffrose]

Re: blubottle needed/police action/employment disciplinary issue

Will pass this on to BB.. He will be delighted to say the least

[Hurricane Puffrose]

Re: blubottle needed/police action/employment disciplinary issue

From BB


The next thing that could be considered is whether or not to bring a civil claim against the employer and manager for Wrongful Arrest, Unlawful Detention, False Imprisonment and Malicious Prosecution. Also, there may be fallout from this case that the employer and manager may now face a formal investigation and possible prosecution for Conspiracy to Pervert the Course of Justice. I would recommend that Miliitants union's legal department approach the DPP's office about that particular issue. I do not feel the MoJ or HMCTS would want to be seen to be practising negative discrimination in the case of a person who is disabled in some way. If anything, I think it more likely a prosecution of the employer and manager will follow. I would also be inclined to pursue a complaint with the Chief Constable for the area in which this matter took place, with the possibility of escalating it to the IPCC if necessary.

[bluebottle]

Re: blubottle needed/police action/employment disciplinary issue

From BB


The next thing that could be considered is whether or not to bring a civil claim against the employer and manager for Wrongful Arrest, Unlawful Detention, False Imprisonment and Malicious Prosecution. Also, there may be fallout from this case that the employer and manager may now face a formal investigation and possible prosecution for Conspiracy to Pervert the Course of Justice. I would recommend that Miliitant's union's legal department approach the DPP's office about that particular issue. I do not feel the MoJ or HMCTS would want to be seen to be practising negative discrimination in the case of a person who is disabled in some way. If anything, I think it more likely a prosecution of the employer and manager will follow. I would also be inclined to pursue a complaint with the Chief Constable for the area in which this matter took place, with the possibility of escalating it to the IPCC if necessary.

@@@@

[miliitant]

Re: blubottle needed/police action/employment disciplinary issue

The civil claim, the barrister is allready on it

first thing in the morning is an official grievance against this manager and the process

watch this space

[Hurricane Puffrose]

Re: blubottle needed/police action/employment disciplinary issue

will update him again Miliitant