Post by Administrator on Aug 22, 2019 12:06:33 GMT
Ok.. So.…
Certain Solicitors provide Police Station attendance..
Or the Police themselves provide a solicitor (or call you one) Not usually a very good one if you leave it to them.
(some of the Court duty solicitors are decent though)
Anyway... So if you are "arrested" they usually do not let you bring anything with you.
Or if you do have things with you, it gets taken away and put in a bag, sealed & you haven't got it on you. This includes any paperwork or documents.
Now.. I will use Human Rights" as an example... as its the best example...
But this should apply generally (In law)
Generally...
The Prosecution (police at that stage)
Must provide anything/information to the defence that would undermine the case against them.
Criminal Procedure and Investigations Act 1996
An Act to make provision about criminal procedure and criminal investigations.
Part I Disclosure
The main provisions
3 [Initial duty of prosecutor to disclose]
(1)The prosecutor must—
a)disclose to the accused any prosecution material which has not previously been disclosed to the accused and
which
[ might reasonably be considered capable of undermining ] the case for the prosecution against the accused
[ or of assisting the case for the accused ]
An Act to make provision about criminal procedure and criminal investigations.
Part I Disclosure
The main provisions
3 [Initial duty of prosecutor to disclose]
(1)The prosecutor must—
a)disclose to the accused any prosecution material which has not previously been disclosed to the accused and
which
[ might reasonably be considered capable of undermining ] the case for the prosecution against the accused
[ or of assisting the case for the accused ]
Not the police are comedy experts because, they always, in interview situations kind of treat you like you are retarded and are reluctant to value much you say, in terms of legal law in your own defence & rights...
They like to say "do you understand?" and "Do you know what that means" Quite a lot.. Which is pretty hilarious because they don't understand it fully half the time and they will not get a police lawyer, sergeant, or detective in, to go through it with you unless it is in interview.
Now, There is a book they give you & let you have about procedures for arrest & other things... which on the whole is pretty much useless...
BUT...
This is where it gets interesting if you know what you are talking about... And what 99% of solicitors will not call them on.. (they don't grant you intelligence to understand law for yourself anyway)
What IS something that can ASSIST you? and what CAN undermine the prosecution case?
Well... "THE LAW" The law can.
And when you have had all your things taken from you.. including paperwork, mobile phone with internet access.. You cannot be expected to (memorise everything) of the law...
So.. It absolutely IS within your rights (they don't tell you this) that under The Criminal Procedure and Investigations Act 1996.. if you need to use the LAW, and quote legislation which you believe they are not following & not complying with.. (not that they would comply anyway as they are cunts) but...
You can.. in any situation where you are being interviewed or questioned.. under detainment or even in a cell.. ask for ANY legislation, which you believe is important, can be applied immediately and which you believe they must comply with. Or are in breech of.
& you can do that in Court as well if you have been detained. Or even if you are representing yourself, you can ask the CPS prosecutor to print it out.
You don't actually need the Duty Solicitor..
If you know exactly which law it is and what legislation.. You can ask for it to be provided.
Now, as I said... This is more important when there is a Human Right. And you yourself will need to (enforce it) or at least state it and tell them (Claim) the right. (Most police officers will not believe you anyway and will only obey a sergeant even if they are breaking the law)
With a Human Right.. It is the Legal obligation of the prosecution to RECOGNIZE that right. & Comply with it.
So you have legal right to request anything which will assist the recognition of that right. You shouldn't need a duty solicitor if you know what that right is. (the problem is usually the police are not intelligent enough) But you could request a Police prosecutor or legal team, or even QC if they are having difficulty recognizing that right.. say if you should not have been arrested.
The Criminal Procedure Rules 2005
UK Statutory Instruments 2005 No. 384 (L. 4) PART 1 Rule1.1
The overriding objective
1.1. (1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes—
(c)recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human
Rights;The principle of ne bis in idem, also known as double jeopardy, means that nobody should be prosecuted and punished twice
based on the same facts . The prohibition of double jeopardy can be found in Article 4 of Protocol no. 7 to the ECHR
UK Statutory Instruments 2005 No. 384 (L. 4) PART 1 Rule1.1
The overriding objective
1.1. (1) The overriding objective of this new code is that criminal cases be dealt with justly.
(2) Dealing with a criminal case justly includes—
(c)recognising the rights of a defendant, particularly those under Article 6 of the European Convention on Human
Rights;The principle of ne bis in idem, also known as double jeopardy, means that nobody should be prosecuted and punished twice
based on the same facts . The prohibition of double jeopardy can be found in Article 4 of Protocol no. 7 to the ECHR
The Human Rights Act itself and The rights such as The Right to Petition are all enforceable rights that we have.
(c)recognising the rights of a defendant
So it is the LEGAL requirement of the Police to recognize a right. Once you claim it. They have to provide adequate intellect police representatives of their own..
You do not need a solicitor (defence) solicitor. Because they is provided as your own representative.
True that they are defending you... And they have provided one to assist.. but if the one they provide is not adequate or not specialist in Human Rights.. what use is he..
You actually DONT need to call a solicitor if you have a Human Rights reason for not being arrested..
As it is the Legal responsibility of the Prosecutor (Police) to recognise the right.. they in fact must provide a Police employed Queens Counsel if that is what it takes to recognise those rights.
And if the police are unprofessional and un-cooperative you instantly have a Professional negligence claim.
I have heard of people getting £1,000 compensation from issues concerning arrest & police questioning.. (From a defence solicitor) I know its hard to get a good solicitor.. But It is possible to have arguments successful at very early stages. This is why its not a good idea to let the police call a solicitor to represent you, as they will phone a rubbish one.
With the Human Rights argument you are entitled to High level Police Legal professional of the Prosecution. Then if at a later stage you are indeed found to have correct.. the police will be more liable because they had opportunity to recognise that right & failed to do so.
Also you are to be provided with any acts of legislation & information you need to have that recognised.. at the point of arrest even... or any stage of police proceedings.. from investigation.. or when a notice was issued.. even in detainment..
The Human Rights act 1998 section 7 (1) b A Right can be used In any proceedings.
It has to be.. because it is there to protects us from the police action (happening) to us.. usually or it is ineffective.
It has failed..
Its ok getting quitted later or getting compensation.. But we are not supposed to be put through these experiences..
Traumatic ones..
It says that Not complying with a right, as outlined in the Human Rights act does not constitute itself as an offence...
But.. the circumstances & facts arising from them NOT complying with a right .. does result in a perversion of Justice, misconduct, or depending what RIGHT it is...
The Right itself.. may state that there is an offence associated with failure to comply with (That right)
Such as.. (prosecutions are illegal) in that particular right...
So it has its own offence against the offender who violates the right...
rather than general application of the Human Rights act.
For example... If the Prosecution are not upholding a right because there is evidence they have done Other things wrong as well.. (like illegal road signage & enforcement) Then it has to be a perversion of justice...
If there is any law that you can use. For anything.. and you have forgotten it & need the legislation to quote it.. It could definitely be a perversion of the course of justice if the police fail to provide you with that requested legislation.. Because It would be capable of
reasonably be considered capable of undermining ] the case for the prosecution against the accused
[ or of assisting the case for the accused
[ or of assisting the case for the accused
Unfortunately the police are extremely slack & unprofessional.
They wouldn't entertain the idea...
You are doing well if you get a meal, blanket, working toilet and rest.. if you have been arrested...
I have always wondered about that book/leaflet they give you or offer you...
I would like to know if it does in fact have that Criminal Procedure and Investigations Act 1996 clause in it..
I doubt it does...
In fact failure to provide that in the book they DO give you... Might actually be able to stake a valid Professional negligence claim itself against the police...
Unfortunately I do not have a copy of that book they give you, to check.