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PostPosted: Mon Nov 17, 2008 15:25 
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Barkstar wrote:
Having been stopped in the last year and threatened with 'due car and attention' because I didn't show enough contrition this senario could have easily applied to me. If the officer had charged me I would have pleaded not guilty. I am sure that a good brief would have run rings around the officer in a court given the circumstances http://www.safespeed.org.uk/forum/viewtopic.php?f=5&t=15730 But if defending myself effectively would cost ££££ and I knew I wouldn't get reimbursed then what? Especially knowing that not guilty pleas attract stiffer penalties if found guilty.

The government seem intent on taking our justice system back to Victorian times, where money and only money talked and those without it had no voice with which to defend themselves. Courts without equality for all are merely tools of oppression (or in our case tax collection)

Barkstar



I didn’t read your old post at the time Barkstar. Image I think you were unlucky to be followed by a cop to be honest because I just don’t see them much these days.

If you are over the limit or a druggy, so long as you don’t draw attention to yourself while driving I think these times have never been so good for you! :banghead:

I live in the UK’s second largest city yet I see very few traf pols. The ones I do see are always on another mission somewhere. The last time I was stopped was so long ago I have to approximate, so about 1986ish I think. The over-reliance on automation has not only made our roads more unsafe but is not catching the truly dangerous.

If I weren’t so old I think I would join the Force because I would love to get bad drivers, including those speeding in the wrong place/time/situation. I’m not contradicting myself here either. My road is narrow with parked cars the whole length and yet drivers come hacking down at 40-45mph in the wet! I’ve changed my cycle route to work because of them in fact.

The really scary thing for me is that people are worshiping money more than ever - and with good reason. Without it you get second rate, or no, legal representation and second rate health care etc. etc. The list is endless and it just creates a society of greed out of necessity to survive.

I’ve depressed myself now. Image

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You will be branded a threat to society by going over a speed limit where it is safe to do so, and suffer the consequences of your actions in a way criminals do not, more so than someone who is a real threat to our society.


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PostPosted: Mon Nov 17, 2008 16:28 
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In Gear wrote:
Perhaps they can turn to the court clerk for advice - but that advice may be skewed and may recommend pleading guilty to the charge they are refuting :roll:
The judicial independence of court clerks is guaranteed in law and they are obliged, via their contract of employment, to offer accurate and unbiased advice to unrepresented defendants. Such advice will be given without being asked for if the clerk considers it necessary to do so in the interests of justice. As a clerk is not allowed to conduct a case on behalf of a defendant there will be occasions, in particularly complicated cases, when that advice may be for the defendant to engage the services of a lawyer. Or, when the defendant has no viable defence, to plead guilty.

The quickest way for a clerk to lose his job and pension would be to side with the prosecution to the disadvantage of the defendant. The second quickest way would be to advise not guilty pleas by defendants who have no defence.

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PostPosted: Mon Nov 17, 2008 22:51 
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fisherman wrote:
In Gear wrote:
Perhaps they can turn to the court clerk for advice - but that advice may be skewed and may recommend pleading guilty to the charge they are refuting :roll:
The judicial independence of court clerks is guaranteed in law and they are obliged, via their contract of employment, to offer accurate and unbiased advice to unrepresented defendants. Such advice will be given without being asked for if the clerk considers it necessary to do so in the interests of justice. As a clerk is not allowed to conduct a case on behalf of a defendant there will be occasions, in particularly complicated cases, when that advice may be for the defendant to engage the services of a lawyer. Or, when the defendant has no viable defence, to plead guilty.

The quickest way for a clerk to lose his job and pension would be to side with the prosecution to the disadvantage of the defendant. The second quickest way would be to advise not guilty pleas by defendants who have no defence.


That might just be the case in your court fisherman but i can assure you that it is not in North Wales or Shropshire from bitter experience. The clerk has his nose in the same funding trough as the camera partnership and fellow travellers. The judicial independence of court clerks is of course guaranteed in law .....its just not the case in practice

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PostPosted: Tue Nov 18, 2008 08:47 
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There was a piece on the radio this morning about a judge saying that funding the court service from fine income was a clear conflict of interest. This was to do with the funding cuts planned for the courts and how money was to be raised in future.

However independent you might think you are, if the choice is no income or justice served, how do you think fines will be set? This is just one more example of how our country is decaying.

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PostPosted: Tue Nov 18, 2008 11:15 
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a judge saying that funding the court service from fine income was a clear conflict of interest.


Funding ANY part of government expendeture from fine income represents a conflict of intertest! :x

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PostPosted: Tue Nov 18, 2008 11:24 
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Quite.
And how much of a conflict does going to court for speeding represent, when the court itself is part of the prosecution ?
All-in-all, the fines funding the court is just another brick in the wall....

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PostPosted: Tue Nov 18, 2008 13:07 
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Dusty wrote:
Funding ANY part of government expendeture from fine income represents a conflict of intertest! :x


What should be done with the income when citizens use their government to fine wrongdoers? Should it be used for good stuff (hospitals, schools, wars against our enemies ...)?


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PostPosted: Tue Nov 18, 2008 14:56 
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Abercrombie wrote:
Dusty wrote:
Funding ANY part of government expendeture from fine income represents a conflict of intertest! :x


What should be done with the income when citizens use their government to fine wrongdoers? Should it be used for good stuff (hospitals, schools, wars against our enemies ...)?


How about recompense to the victims of the crime?

So in the case of speeding it would go to - Oh, wait a minute. :wink:

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PostPosted: Tue Nov 18, 2008 16:05 
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toltec wrote:
How about recompense to the victims of the crime?


Society is the "general" victim of crime, so perhaps a tax cut is right?
Or, if not that, at least a reduction in the next tax rise!


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PostPosted: Tue Nov 18, 2008 18:29 
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I too do not think fines should fund government. The simple reason is that to raise £1000 by taxation might cost £100 needing £1100 to be raised To raise £1000 through fines would cost £1000+ in administration let alone enforcement. so in excess of £2000 of fines need to be issued. If the public become wise they stop commiting the offence and the revenue drops needing further legislation and rule bending as we are seeing here.

If the motorist are winning more cases It just goes to show they need to make thier cases more watertight by doing everything by the book. signs, detection, traffic orders, sumonses, evidence. From my experiance they havn't done even the basics right.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code


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PostPosted: Tue Nov 18, 2008 19:41 
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toltec wrote:
Abercrombie wrote:
Dusty wrote:
Funding ANY part of government expendeture from fine income represents a conflict of intertest! :x


What should be done with the income when citizens use their government to fine wrongdoers? Should it be used for good stuff (hospitals, schools, wars against our enemies ...)?


How about recompense to the victims of the crime?

So in the case of speeding it would go to - Oh, wait a minute. :wink:


Fantastic post. :drink:


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PostPosted: Tue Nov 18, 2008 21:17 
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Richard C wrote:
That might just be the case in your court fisherman but i can assure you that it is not in North Wales or Shropshire from bitter experience. The clerk has his nose in the same funding trough as the camera partnership and fellow travellers. The judicial independence of court clerks is of course guaranteed in law .....its just not the case in practice
Take your evidence to the media. The Mail would be delighted to run with it and will do lots of research at no cost to you. The clerk concerned can then join the dole queue and possibly get a seat on the cell bus from court to the nearest jail.

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PostPosted: Tue Nov 18, 2008 21:20 
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malcolmw wrote:
There was a piece on the radio this morning about a judge saying that funding the court service from fine income was a clear conflict of interest.
Followed immediately by Cindy Barnett (chair of the magistrates association) pointing out that almost all fines are imposed by JPs who have no pay packet or career to protect and thus no conflict of interest could arise.

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PostPosted: Tue Nov 18, 2008 21:24 
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jomukuk wrote:
when the court itself is part of the prosecution ?
When did this happen? Last time I was in court the CPS were still prosecuting, and still protecting their legally guaranteed independence to do so free from interference by the courts.

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PostPosted: Tue Nov 18, 2008 23:03 
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fisherman wrote:
malcolmw wrote:
There was a piece on the radio this morning about a judge saying that funding the court service from fine income was a clear conflict of interest.
Followed immediately by Cindy Barnett (chair of the magistrates association) pointing out that almost all fines are imposed by JPs who have no pay packet or career to protect and thus no conflict of interest could arise.

Excellent. I'll immediately discount any utterances by judges in future. :wink:

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