On remand without charge

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Re: On remand without charge

Postby Prajna » Thu Feb 07, 2013 8:31 pm

Well done Shoshenden. Please post as much info as you can on the process, who you contacted at the Royal Courts and how the conversation went. This, as I'm sure you'll know only too well, will make it easier for the next one to carry out this process.

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Re: On remand without charge

Postby shoshenden » Fri Feb 08, 2013 7:59 am

Morning all,
I rang the Royal Courts of Justice on 02079476000 and was put through to the switch board, after seeing an interesting thread on
www.whatdotheyknow.com/request/why_are_habeas_corpus_forms_not
I asked for the Chancery Division, I then asked for information on applying for a petition for a writ of habeas corpus, they quite abruptly said they didn't deal with it and when I asked who did she said I would need to ask switch board, at first switch asked me if it was about digging up dead bodies, which I thought was quite funny, once I explained he informed me admin was the department that could help me, the guy from admin was very helpful (I think) and told me to download form N208 from justice.gov.uk/forms which I did. He also stated I would need to get the person detained to write a statement and sign it and then send the completed form back to them or to Birmingham or Manchester depending which was closer. Now perhaps someone with more experience than I can firstly confirm these are infact the right forms and if what he says about signed statements is true? From what I've read a concerned other can complete the wrt on their behalf and submit it directly to either the court, the police or the prison where the detained in held, call me a cynic but I don't automatically trust everything he said especially as he seemed to be uncharacteristically helpful!






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Re: On remand without charge

Postby musashi » Fri Feb 08, 2013 1:04 pm

Tha abolition of slavery in this country came about because some quaker types saw a black man in the street, questioned him about his status and found he was a slave. There was no crime committed - he was just enslaved. They went to court with a writ of habeus corpus which required the slave owner to appear and justify why he was holding the black man. He could not justify beyond claiming he was a slave and so the slave was freed.

You are being misled. No statement is necessary from any prisoner. The one who is applying the writ is the one who does all the paperwork. The prisoner need not even know about the writ. Lodge the writ at court and the prison governor must attend and explain why he is holding the man.

The writ of habeus corpus is one of the documents that we should all be able to write at the drop of a hat. Criminal complaint, the lien process and statutory declaration are others. You never know when you'll need them.
Even if you are sitting in a cell you should be able to write your own writ or stat dec and have it lodged in court.

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Re: On remand without charge

Postby shoshenden » Fri Feb 08, 2013 4:39 pm

So he gave disinformation as I thought, in that case can anyone tell me whether these forms look like the right ones? I would hate to petition the county court clerk only for them to tell me it cannot be upheld cause of incorrect administration procedure, I want to do this properly, here is the link
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForms.do?court_forms_num=N208&court_forms_title=&court_forms_category=
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Re: On remand without charge

Postby shoshenden » Tue Feb 12, 2013 11:03 am

Okay today's the day, will let you know how I get on later and will post my version of the petition for writ of habeas corpus, using form advised by royal courts of justice. I'm confident that I've researched the terminology and facts and have quoted various Acts and the magna Carta so we'll how the court clerk responds and take it from there...TBC...
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Re: On remand without charge

Postby shoshenden » Wed Feb 13, 2013 12:57 pm

Served the papers yesterday, as I thought, they were obstructive, kept me waiting for 2 hours saying one of the court clerks would see me, they knew it was about serving a writ of habeas corpus so I knew they would run a mile rather than speak to me, eventually they sent a court official to try and tell me I needed to go through a solicitor, which I informed her just simply wasn't true, then they sent the courts legal advisor to try and tell me I needed to go through their administrative court in Stafford, which I again pointed out wasn't true, as Burton magistrates is the court I'm serving and questioning their jurisdiction then I'm within my rights to serve that court, I also explained that there was already other copies being delivered recorded delivery to both them and the governor at HMP dovegate, I tried to give her the papers at which point you'd think I'd pointed a gun at her, she jumped back n said no no I'm not authorised to accept papers, at which point I decided enough was enough they-d wasted enough of my time messing me about so I walked over the the court usher's office window, he'd previously asked if he could pass on any paper work, at which I had replied no at the time and said I wanted to pass them on myself, so I said to him, you asked if I had any papers to pass on... At which point he put both his hands up saying no no I cant take those, again like I was brandishing a loaded weapon lol, so I just put the papers through the window and said you've been served and turned on my heels and strutted outta there!! I knew they would shit themselves! Was quite funny to be honest, so now we've got to wait and see, if they uphold the law they've got 14 days to either release him or prove why he's being detained without charge and without producing any evidence. Fingers crossed xx
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Re: On remand without charge

Postby Prajna » Wed Feb 13, 2013 1:07 pm

nice 1 shoshenden. Good luck with it.
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Re: On remand without charge

Postby treeman » Wed Feb 13, 2013 7:00 pm

Well done :shake: :peace:
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Re: On remand without charge

Postby shoshenden » Wed Feb 13, 2013 11:27 pm

Thanks to all who have contributed, I couldn't of done it without being pointed in the right direction, aseriously stylish suit, killer heels and some leather gloves also helped the psyche, I'm really getting into this, I send a lot of time continuing my professional development as a therapist and aqualified in many disciplines but I'm finding law very interesting and challenging, I can almost feel a law degree coming on, I would have to be not for profit though, think there's enough greedy bastards about already ;-)
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Re: On remand without charge

Postby musashi » Sun Feb 17, 2013 12:50 pm

I find it an endless source of wonder that those working in the courts and legal system do not want to deal with law.

I would like to hypnotise some of these legal employees and discover why they so rigidly and continually try to block people from using the law when the law is, most assuredly, the precise thing to be using. Why are they so unhelpful? Why are they so ignorant of their own duties? Why do they not want us to play with their ball? Why, when a thing has absolutely nothing to do with them, or is going to cost them a penny, do they thwart, dis-inform, mis-inform and just plain lie outright? As I say, a never ending source of wonder!


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