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Website closed - community protection notice

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  • Website closed - community protection notice

    I have a community protection notice for talking about the truth. I exposed 32 allegations of abuse and wrote a story about my partner who was raped by a youth worker working for an authority which I cannot name at the moment. My wife has been told that people have alleged she posted improperly via social media so she was named on the community protection notice. Recently we were both arrested . I was arrested for one tweet and my partner got NFA. I have been told to Close my website or face up to £20,000 fine. Also the council
    Will not provide evidence of anything they allege. Basically I've exposed them and they never investigated a rape. How many other people have been subjected to this. Legal advice will be great ! Ghostwriter
    Last edited by Ghostwriter; 23rd June 2015, 20:27:PM. Reason: Spelling
    Tags: None

  • #2
    Re: Website closed - community protection notice

    Background wise did the allegations go through a police investigation ?


    Community Protection Notices isn't an area I know anything about (I'm sure someone will be along tomorrow who does though)

    The other 32 cases were the victims identified by yourself publicly ? or has the authorised person indicated how your website has had a detrimental affect on people in the community ?

    On what basis has the £20,000 fine been suggested and by whom ? The council or magistrates ?

    46Appeals against notices

    (1)A person issued with a community protection notice may appeal to a magistrates’ court against the notice on any of the following grounds.
    1.

    That the conduct specified in the community protection notice—
    (a)

    did not take place,
    (b)

    has not had a detrimental effect on the quality of life of those in the locality,
    (c)

    has not been of a persistent or continuing nature,
    (d)

    is not unreasonable, or
    (e)

    is conduct that the person cannot reasonably be expected to control or affect.
    2.

    That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable.
    3.

    That there is a material defect or error in, or in connection with, the notice.
    4.

    That the notice was issued to the wrong person.

    (2)An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

    (3)While an appeal against a community protection notice is in progress—

    (a)a requirement imposed by the notice to stop doing specified things remains in effect, unless the court orders otherwise, but

    (b)any other requirement imposed by the notice is of no effect.

    For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.

    (4)A magistrates’ court hearing an appeal against a community protection notice must—

    (a)quash the notice,

    (b)modify the notice (for example by extending a period specified in it), or

    (c)dismiss the appeal.
    Last edited by Amethyst; 23rd June 2015, 22:11:PM.
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    • #3
      Re: Website closed - community protection notice

      This thread is almost certainly about one of a clutch of CPNs issued against the directors of a certain company in June 2015, and against the company itself. I have joined this thread, because I recently was made a director of the company concerned.

      What I have discovered, is that the directors each filed timely appeals against their own CPNs under section 46, but did not think to file an appeal on behalf of the company itself, against the one CPN against the company.

      Section 46(2) states that "An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice." The 21 day time limit for doing so had already expired by the time I became aware of the situation, and was made a director of the company, for the specific purpose of conducting the company's appeal, when I mistakenly believed that the company had filed an appeal, through one of the existing directors.

      I cannot find any provision in the Act for challenging a CPN's legality, or applying for it to be lifted, after expiry of the time limit for filing an appeal.

      On the face of it, the company itself, of which I am now a director, is permanently prevented from publishing its website. This despite the likelihood that the separate individual appeals of the directors who were directors when the CPNs were issued will succeed. What can I do about this, please?
      Last edited by Kati; 26th July 2015, 17:24:PM.

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      • #4
        Re: Website closed - community protection notice

        Rape wrote this wrong abuse of power

        Comment


        • #5
          Re: Website closed - community protection notice

          Originally posted by Ghostwriter View Post
          Rape wrote this wrong abuse of power
          I don't understand this comment.

          Comment

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