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Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Sun Jul 24, 2011 11:56 am
by Justice
I was arrested at an address on a section 5 public order which was dropped later that day.
Immediately I said "I do not consent to this arrest" as it's a statute.
I then said "There will be no need for "force or violence", I will not "resist arrest".
The two policy men handcuffed me and assaulted me, I have photos of injuries. I screamed for help and witnesses.
Stayed in station overnight, taken to magistrates in the morning.
Given the statements from 3 policymen and 1 17 year old neighbour.
Also unlawfully given personal data of several detainees of the police station, including name, dob, charge they were in for,
officer in charge, etc.
One was in for begging another for indecent exposure, there were others but that's enough for now.
I represented myself and the script went something like:-
Magistrate: Can you say your name?
Me: I am First Name: of the family Last Name. I claim all of my common law rights.
Magistrate: Can you say your date of birth?
Me: That would be hearsay.
Me: I claim common law jurisdiction.
Me: Can the Magistrate produce his oath
Magistrate: I cannot produce my oath.
Magistrate: How do you plead to the charges of 3 x assaulting an officer in the execution of his or her duty?
Me: Am I obliged to enter a plea?
Magistrate: Mr XXX...
Me: For and on the record, I am not "Mr Last Name", As stated I wish to be refereed to as "First Name"
Me:For and on the record, I decline your offer to contract for the service of adjudication and I waive all benefits and privileges.
Magistrate: The witness is 17, you cannot cross examine him, sign this piece of paper to say you agree.
Me: Am I obliged to sign that paper?
Clerk Bitch: Oh No, he doesn't "have to", its an INVITATION. :wink:
Me: (does not sign)
Magistrate: You are Bailed until trial
Me: For and on the record, the magistrate failed to produce his oath, I believe the court is invalid.

In summary: -

I am arrested on a statute that is later withdrawn. Meaning the police should never have been there in the first place.

The policy man has breached his oath to uphold the law of the land, by arresting me on a section 5 public order.

The magistrate has commited treason by failing to produce his oath. As said, I have that on the record.

The Magistrate then acts as if he has not heard I a thing I have said and proceeds to invite me for trial
after I declined the service and he has no oath!!!!!!!!

Stupidly I should probably have not found myself complying with the bail act, but I have this
paperwork relating to Data protection Act breaches, which I have not apprached them about yet.

Is that a bargaining device?

How do I cancel this bail act bullshit? with a notice of request for clarification?

Now what do I do? They have sent me a notice informing me I have to get in touch with a lawyer whom the court has appointed and paid for, and can only give her questions to ask the witness, instead of me directly cross examining him.

I am new to all this and don't have a clue, but there's a whole lot of injustice going on on the part of authority and capitalist thinking.

I would appreciate any help and will do my best to study If on I knew specifically what...
:police: :blush: :love:

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Sun Jul 24, 2011 12:10 pm
by knightron
If you are acting as Litigant in person they can not stop you from cross examining the witnesses..if you get a solicitor you are tacitly agreeing that they have jurisdiction over you, Don't do it... You have got over the first hurdle, by claiming your rights and you now need to keep hold of em, Rebutting their heresay arguments is easy, which is all they can be as they were acting ultra vires or (Out side their remit and Authority) Sign nothing and stick to your guns bud....Well done... :shake: :hug:

This is not to be construed as legal advice as I am not qualified to give it..This is just what I may do If I was in your situation or a similar one.. :wink:

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Sun Jul 24, 2011 5:36 pm
by huntingross
If the word of the witness is sufficient to indict you, then in my opinion the witness is old enough to face you in court....every man has the right to face their accuser in court....its a maxim of law.

It pisses me off how the litigant in person has less rights under "their" law than your solicitor who is supposed to represent you.....if you present yourself in court, you have to juggle your paperwork on your knee whilst your solicitor gets to sit at a fancy table and spread out

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Sun Jul 24, 2011 7:44 pm
by Justice
@knightron - "Ultra Vires" thanks for that, I will need to digest that to see how to apply it practically.

I have been signing at the police station every day but write (agent) next to the signature. It is costing me £3.70 a day in bus fares and is inconvenient.

So I wrote to the court a request for variation of bail conditions based on what I have said in previous paragraph and handed the request to the court by hand.

I asked to report once every two weeks as I am homeless and struggling to
get places to stay each night.

I have friends and family outside of my area where I could stay, if only I could loosen the bail restrictions so I could leave the area for more than 24 hours.

The court is trying to mentally and financially cripple me.

The other day when signing is when I was given the note from the court telling
me I could not cross examine the witness myself, only deal with a solicitor appointed for him and paid for by the court.

The court is using "Youth Justice and Criminal Evidence Act 1999" to do this to me.

They said "If I don't contact said solicitor with my questions well in advance of the trial date, there will be little or no cross examination of the witness"

However, it is my understanding that "Youth Justice and Criminal Evidence Act 1999"
Is a statute, so does not bind me.

Also the note from the court was addressed to the fiction, so I took it straight back to the court and told them "This is not addressed to me. I am not a company. The last name is in all upper case letters". The court worker said "that's my typing" lmfao.

She called me mister, I corrected here and sure enough she said that she was using the term "as a courtesy" haha.

Court worker said she would reprint the letter with the name I want. So I said address it
to XXX: of the family XXX, which she did. Then I realised it had D.O.B and a date. So I asked her to remove the hearsay D.O.B and give me another copy. She refused.

I did not accept the letter with the hearsay D.O.B on and she kept it but would not give
me proof I handed it back to her and only gave her first name.

I called out for witnesses around the court waiting room as she was refusing to serve me, but everyone was either too afraid to help or was on the court payroll and said nasty things like "I heard you raise your voice"....

Eventually I asked to see a manager and he told me to leave the building or security would be called to do so. I left at that point.

Also I realised while reporting to police station that I am not subject to the heavily ammended "Bail Act 1976,2000" - So why am I signing at a police station?

This is laughable. But how do I get out of it?

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Sun Jul 24, 2011 10:35 pm
by knightron
This is a serious situation bud..And it looks like they are going to try to steamroller you at every step of the way..There are a few things you need to do if you are going to act as litigant in person..
1, send a formal letter to the court informing them that you will be making an appearance as Litigant in person, and as such you will need all evidence against you so you can form a defence...
2, once you receive said evidence have a look at the specifics of the allegation against you..If there are any statements, you need to rebut them and have your own affidavits sworn and ready for your day in court.
3, Establish what "reasonable and articulable cause" you were arrested on and find evidence with which to refute and rebut that.
4, If you are not able to directly cross examine the witness, they are contravening "Due Process" and any fines or penalties imposed can be appealed.
5, Go to your Doctor and get a note from him about your Badly affected health, inform him of the situation and that it is stressing you out big-time...(remember he is under no obligation to inform anyone of what you say to him) and a note from a Doctor informing "whom it may concern" that you are ill because of what has happened to you is a powerful lien tool..
6, Remember too that the onus of proving guilt is on them..if you have been charged with assaulting a police officer in the course of their duty, they must prove that they were acting in the office of constable (performance of their duty) and that they themselves witnessed you breach the peace..anything else is heresay evidence and should not stand in a court of LAW with a jury of your peers...If they can not do so, they are acting outside their authority, as you do not consent to be governed by statutes and they indeed have no authority to enforce them on you without your express consent.

7, research the Police and criminal evidence act, P.A.C.E. I'm sure one of the great folks here has put a download link to them somewhere.. make sure they followed all "Due process and procedure" when they arrested you , get the exact charge and research it big style..

I am not legally trained so can not offer advice, but I can help you to research the problem and help to find you remedy for your situation..

P.s. When you sign your Bail conditions ..always sign them as being under protest and duress and with out prejudice

:shake: :hug: :hug:

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Mon Jul 25, 2011 1:05 am
by Justice
@Knighton - Thank you very much for your helpful and encouraging wisdom...

The problem with using an NHS doctor is I would have to be using the fiction which
is proof I am a member of the society and subject to statutes which I need to avoid I assume but have not confirmed.

I did see a GP at a drop in centre gave no permission to share info with others,
Filled in the form XXX: of XXX family, etc He prescribed anti inflammatory medicine.

We had a good chat and he was puzzled why I wanted to take a stand and he maybe wants to die from a cold. He used to be a police station doctor and hates the system.

He said there were not enough rebellious people in the world at this time to make it
a sensible option to join them but told me to stick to my guns if I chose that approach.
I have his assesment of my health and the police station doctor recorded my injuries. I mentioned my head being injured.

I was also put before the crown court the day after the magistates after another night in the police station.

I went through the same routine naming myself to M'Lord as Chris of the XX Family.
He was going to try and section me or do me for contempt on the spot!

Instead he said "What is this nonsense?"

My barrister said to the judge "He has an injury to his head and thats the least of them as I have seen them M'Lord." i.e If Judge sections me I have ammunition supporting
my assault.

Judge then says in a huffy puffy voice "Sit down Mr Chris." haha

I just thought it best to not make him irate.

The charge of breaching an order was dropped and I was freed.

Bill Thornton has recommended filing a counterclaim and asking court to prove jurisdiction or to establish jurisdiction I can't recall which now.

If I go to the Information Commisioner's Office they will only slap the police authority on the wrist and that don't get me any safer...

They have tried around 4 times to trick me into being sectioned within 3 days!

Everytime I said "I don't consent, GO AWAY!"

A psychopathic solicitor who was offered to me whilst I was in the magistrates dungeon cell would not do anything I asked and seemed affronted that I was doing things as a LIP and bypassing him. He sat in the public gallery staring me out like the
peasant who knew too much.

The trial is in October if anyone available to be involved.

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Mon Jul 25, 2011 1:52 am
by retlaw
"1, send a formal letter to the court informing them that you will be making an appearance as Litigant in person"

i would not show up in PERSON,

its not your person , its theirs,

the BC has a crown copyright on it,

put in a claim for false arrest,
looks like the purfect case to do it on,
first they arrest you on some bogus charge and then they drop that charge and charge you with others,
remember that if it is a false arrest then you are intitled to use as much force to resist as needed,
also before making the false arrest claim make a police complaint notice to the proper agency in that juridiction,

and if you have to contact their lawyer they appointed to you then write then a notice that they are fired,

also if you have to sign something for bail every week i would send them in a notice for the use of your signure with a dollar amount attached to it,

once they get that notice then tell them that they are in possession of the notice of the fee for the use of the signure and if they still want you to sign then pay up, have a witness come in with you or bring in a tape recorder to get there agreement to pay, also if they agree to the fee then get a photo copy of what you signed so you can prove it,

check out false arrest on what i posted on the post on this forum called, "i am claiming common law in court"

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Mon Jul 25, 2011 9:13 am
by Justice
It is encouraging to have support so quickly, thanks Freemen and Freewoman alike.

I have an appointment with a solicitor tomorrow. She seems nice like her heart's in the right place, but she spoke
of bog standard solicitor doctrine, i.e claim legal aid, be the person and play the game their way.

She has asked me to bring proof of income and all the statements from the police and the 17 year old witness.

Is she desperate for money or trying to help? I originally got in contact with her when I spoke to a solicitor claiming to specialize in actions against the police.

I thought claiming legal aid ruins my strategy.

Can anyone confirm this please, the appointment is for 10am tomorrow and I don't wanna waste c.£28 in travel expenses.

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Mon Jul 25, 2011 9:27 am
by Justice
I publicly declare that all or any proceeds of fiat currency or property arising out of any successful action against my oppressors, shall be shared
in proportion to the assistance received. I'm firstly hoping to saving my liberty.

I can write software, build websites, probably hack systems (for security testing purposes), sweep the floor, wash up - whatever anyone needs in order to help
me understand the law.

There's a lot of videos talking about the same things, some English, some USA, some Canadian. Although each is a Common Law jurisdiction, there may be
subtle variations in court procedure and obviously different sets of case law which I don't imagine I could quote in my case. So it's hard to know what to pay
attention to.

Re: Police SERIOUS DPA BREACH, Magistrate Fails to produce oath.

PostPosted: Mon Nov 07, 2011 1:59 pm
by spikeychops
Wondering how you got on mate?

Hope everything went OK for you.