by iamani » Fri Nov 19, 2021 12:17 am
Greetings
Having recently studied a friend's 'written charge and requisition' i marvelled anew at the liberties taken in calling itself 'an important document' and 'notice of criminal charge'... sent out-of-time, no letterhead, no crown or police logo/seal, multiple boxes, mixed languages and fonts, a stated issuer that doesn't seem to exist, no name to hold liable etc etc - and of course no signature.
There is legislation that covers requirements of valid notice, to ensure a measure of accountability for claims made/conveyed by such documents - so how do they get away with such brazen flouting of the rules?
...could it be this?
"Criminal Justice Act 2003 Sec30
30 Further provision about new method
(1) [F1Criminal Procedure Rules] may make—
(a) provision as to the form, content, recording, authentication and service of written charges[F2, requisitions or single justice procedure notices], and
(b) such other provision in relation to written charges[F3, requisitions or single justice procedure notices] as appears to the [F4Criminal Procedure Rule Committee] to be necessary or expedient.
(2) Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision —
(a) which applies (with or without modifications), or which disapplies, the provision of any enactment relating to the service of documents,
(b) for or in connection with the issue of further requisitions [F5or further single justice procedure notices]."
The smoking-gun part?
"(2) Without limiting subsection (1), the provision which may be made by virtue of that subsection includes provision —
(a) ... which disapplies the provision of any enactment relating to the service of documents,"
That's got to be worth a moment of thought.
Cheers!
law is all is love is all is law