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Hi all,
Hope someone can help me out here, I am somewhat understanably really very stressed over this issue and whilst I have instructed a solcitor I do feel the need to 'ask the audience' for some clarification.
Some time ago I was the subject of entry, search and theft of some items from my property by the Police, it was theft because they themselves admit, as do their disciplinary panel, that the search warrant was issued unlawfully.
Circumstances are that the person who was sent to get the warrant from the court was not a police officer, did not have any powers of a constable and the legal provision under which they applied for the warrant required them to have powers of a constable. The judge assumed this person WAS a constable and didnt question them issued the warrant and it was invalid from the outset as he in effect did not have the power to issue it to them.
Police staff and officers were disciplined as a result of the failures herein but they insisted on keeping the things they stole from me and not seeking leave of a court to do so, basically they were judge and jury.
Over 3 years later the prosecution service have now come back and decided to issue a summons for 3 charges based on the illegally held property and alleged evidence. In the intervening period my mental state has declined massively and I now suffer from serveral life changing mental illnesses which affect my ability to participate in the process and also my memory. I now have trouble remembering anything over a period of a few days unless it is all written down, thats the only reason I can recount anything that I just have. My doctor is firmly of the opinion that I am not fit to attend court medically and has attested to the fact, yet the court are still insisting on me attending for a hearing in a few weeks presumably to send it to Crown court. I am in fear for my safety and liberty given that the system has failed to ensure I am protected from arbitrary abuses of power in the past.
The accusations are relatively minor in nature but my solicitor says they are going to have to go to crown court because of the delay as the magistrates do not want to take on the case after 3 years. We have also discussed going to an abuse of process hearing but he says we cannot do this until we get to Crown Court which seems odd to me - cant you raise this as soon as it comes up, in whatever court you're in? Given the delay (3 years), the fact that all of their alleged evidence is based upon them gaining advantage from an unlawful warrant that was never valid and given that I am medically unfit to be near a courtroom, is abuse of process the right thing?
I am trying to be as pro-active in giving the solicitor some instructions as possible but its very difficult with my mental problems and I could use some steady hands guiding me on what I should be asking of the legal people here, so would appreciate any help you may be inclined to offer.
Many thanks
Hope someone can help me out here, I am somewhat understanably really very stressed over this issue and whilst I have instructed a solcitor I do feel the need to 'ask the audience' for some clarification.
Some time ago I was the subject of entry, search and theft of some items from my property by the Police, it was theft because they themselves admit, as do their disciplinary panel, that the search warrant was issued unlawfully.
Circumstances are that the person who was sent to get the warrant from the court was not a police officer, did not have any powers of a constable and the legal provision under which they applied for the warrant required them to have powers of a constable. The judge assumed this person WAS a constable and didnt question them issued the warrant and it was invalid from the outset as he in effect did not have the power to issue it to them.
Police staff and officers were disciplined as a result of the failures herein but they insisted on keeping the things they stole from me and not seeking leave of a court to do so, basically they were judge and jury.
Over 3 years later the prosecution service have now come back and decided to issue a summons for 3 charges based on the illegally held property and alleged evidence. In the intervening period my mental state has declined massively and I now suffer from serveral life changing mental illnesses which affect my ability to participate in the process and also my memory. I now have trouble remembering anything over a period of a few days unless it is all written down, thats the only reason I can recount anything that I just have. My doctor is firmly of the opinion that I am not fit to attend court medically and has attested to the fact, yet the court are still insisting on me attending for a hearing in a few weeks presumably to send it to Crown court. I am in fear for my safety and liberty given that the system has failed to ensure I am protected from arbitrary abuses of power in the past.
The accusations are relatively minor in nature but my solicitor says they are going to have to go to crown court because of the delay as the magistrates do not want to take on the case after 3 years. We have also discussed going to an abuse of process hearing but he says we cannot do this until we get to Crown Court which seems odd to me - cant you raise this as soon as it comes up, in whatever court you're in? Given the delay (3 years), the fact that all of their alleged evidence is based upon them gaining advantage from an unlawful warrant that was never valid and given that I am medically unfit to be near a courtroom, is abuse of process the right thing?
I am trying to be as pro-active in giving the solicitor some instructions as possible but its very difficult with my mental problems and I could use some steady hands guiding me on what I should be asking of the legal people here, so would appreciate any help you may be inclined to offer.
Many thanks
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