On remand without charge

Request help if you have a Court Appearance pending.

On remand without charge

Postby shoshenden » Tue Feb 05, 2013 11:21 am

Hi
I'm fairly new to the ins and outs of the legal system, and would like to bounce this off some of you with greater knowledge that I. My partner is currently on remand without charge, these is some very dubious 'evidence' against him in the form of voice recordings and video surveillance footage of him allegedly buying cigarettes and alcohol from undercover police officers, which I might add they are refusing to release to his defence until the date of his committal, which they claim he has no right to attend and doesn't need any legal advocate of solicitor to attend?!? In my opinion the evidence they do have is hearsay and should not stand up in a court de jure, so how can it be lawful for them to deny him the right to openly challenge the presumption of court of guardians? And how can his so called defence adequately prepare his defence when the authorities won't release the papers and evidence related to the hearing? All while he is being held unlawfully in my opinion against his will in prison? Do I have the right to be able to attend that committal as his McKenzie friend and establish common law jurisdiction?
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby frogmanbrabs » Tue Feb 05, 2013 2:52 pm

Since when did it become unlawful to buy cigarettes and alcohol?
An Open Mind can take you on a journey to anywhere.
User avatar
frogmanbrabs
 
Posts: 208
Joined: Wed Jul 20, 2011 7:04 pm
Location: Planet Earth

Re: On remand without charge

Postby shoshenden » Tue Feb 05, 2013 4:22 pm

The whole thing stinks to high heaven! He's being stitched up good and proper,but he isn't listening to me and unfortunately he's being led by his so called defence and also his brother in law who's a JP, he's too naive to believe the JP will support the corrupt system he's a part of rather than stand up for justice even if he is family.
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby musashi » Tue Feb 05, 2013 7:57 pm

Try a writ of Habeus Corpus in to the court.

Musashi
It's still fucked, isn't it?
User avatar
musashi
Moderator
Moderator
 
Posts: 1177
Joined: Fri Aug 28, 2009 6:21 pm

Re: On remand without charge

Postby shoshenden » Tue Feb 05, 2013 10:43 pm

musashi wrote:Try a writ of Habeus Corpus in to the court.

Musashi


Thank you for pointing me in the right direction, I will obtain the necessary forms required and make an application to the court at his committal, its certainly worth a shot!
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby musashi » Wed Feb 06, 2013 10:49 am

If you wait for his committal then you will not need a habeus corpus - a simple bail application at that time will do. The habeus corpus is to get him out now. Go to court with the writ now.
Habeus corpus requires them to produce the body and justify keeping it.
There seems to be no justification for keeping it, so why wait?

Musashi
It's still fucked, isn't it?
User avatar
musashi
Moderator
Moderator
 
Posts: 1177
Joined: Fri Aug 28, 2009 6:21 pm

Re: On remand without charge

Postby shoshenden » Wed Feb 06, 2013 8:11 pm

Ok thanks for that, he has already applied for bail they also denied him the opportunity of appearing in person and had to do it via video link, his family put up 10k and they still refused, I think they are planning on applying again before his committal, that's if I don't get there first! The police want him in a bad way and keep consistently coming up with nothing much to write home about, it's like a personal vendetta now, so this will get right up their noses lol :-)
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby shoshenden » Thu Feb 07, 2013 9:13 am

Sorry to be the needy novice but are there specific forms for petition of habeas corpus for the united kingdom? I'm finding legal documents used in the USA but trying to find relative paperwork for the UK is proving difficult, if I can find the relevant resources I will be serving the papers today or tomo, thanks in advance
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby shoshenden » Thu Feb 07, 2013 9:35 am

Ok I'm seeing this has to be issued by a court now is that a court de facto or court de jure?
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Re: On remand without charge

Postby shoshenden » Thu Feb 07, 2013 11:06 am

Managed to get the information and forms required by ringing the royal courts of justice, thanks so much for all your input, they claim I have to get him to make a statement and sign it, but as far as I'm aware I can make the petition on his behalf so I shall trawl through the paperwork and do whatever is required and get it submitted to the county court clerk that incarcerated him in the first place, I'll keep you posted!
User avatar
shoshenden
 
Posts: 39
Joined: Thu Jan 17, 2013 9:54 am

Next

Return to McKenzie Friends

Who is online

Users browsing this forum: No registered users and 1 guest