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Buachaill
Buachaill, Barrister
Category: UK Bankruptcy Law
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Experience:  Barrister 17 years experience
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Although the original offences alledged (which were entirely

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CRIMINAL LAW:      Although the original offences alledged (which were entirely civil and should never have been brought) have been disposed of via appeal at the crown court...to avoid inconvenience to others I breached a restraining order. I understand there is no defence...but will a jury be obliged to find me quilty?

Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Buachaill replied 1 year ago.
1. There is no obligation on a jury to find you guilty just because you have breached a restraining order. However, it is usually a judge who deals with the consequences of breaching a restraining order. It is done on the basis of the jurisdiction over contempt of court. This jurisdiction is normally only exercised where it is necessary to punish the person so that there will not be a recurrence. Accordingly, if you can make clear you only breached the restraining order out of convenience to others and that there is no possibility of a recurrence, then you will likely escape with a stiff warning if you give an undertaking to the court that it will not re-occur.
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Buachaill, Barrister
Satisfied Customers: 8402
Experience: Barrister 17 years experience
Buachaill and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you for that. Sounds eminently sensible to me.


 


Also that it would be a judge dealing but my solic told me jury. May be he's mistaken?


CPS have got back to ask if I would accept a bind over. I have declined. I spent nearly two years resisting a bind over in connection with a related matter.


I have just been acquitted of a conviction for breach of the peace and also for criminal damage. Both matters related to the fact that my garden is apparently wider than both my neighbours on either side and apparently at their expense possibly since build and was registered as such from 1981 at the Land Registry.


The 2002 Act, in force in 2003 - just after my neighbours moved their boundary post from its prior location of 20 years - has complicated matters for people in my position. Yet I still believe that a County Court order is required and not merely a Surveyor's report to permit enforcement. I don't believe its my duty to make an application. I believe either neighbour has that responsibility.


My problem has been the police got involved ...my neighbour went to see the local, new, Inspector and he gave the second neighbour the ok!!!!!!!!!!


I now feel I've got to take some sort of appropriate AND EFFECTIVE action against the police. Any ideas?

Expert:  Buachaill replied 1 year ago.
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Customer: replied 1 year ago.

hmmm yes thats an unfortunate truth...given they instruct uncover operators who deal with you as they think fit if you challenge them...including by criminal means. BUT I'm not sure I should roll over on this one.


Let me run this past you.


We went to see the local inspector to complain that my neighbour had destroyed my fence...surely criminal damage....(she could have installed the solid fence which she wanted on her side - without touching my fence) the inspector informed us that my neighbour had been to see him about the next step...of coming further onto my land...in advance and that she had showed him her surveyors report...it turns out he ok'd her planned attack!!!!!!!!! I was pointing out that since the police at that time were coming after me for alledged criminal damage since my other neighbour had builders turn up to re-instate a fence on the wrong line using a point of encroachment from the wall instead of the previously agreed boundary line which had persisted for 20 years, I was forced to dismantle their fence from my wall (very carefully). Given this contradiction the sergeant got my point and offered to arrest my neighbour....but her inspector disagreed. The threat of her being arrested would suit me, since, as well as there being the grounds for such an action (my fence was completely destroyed and quite unecessarily) it would mean to avoid prosecution she'd could be asked to put her own fence on her own boundary and so not block my light (the 2nd of the two main issues). Even if i was to win in the county court there would be no power (or might there be???) to oblige my neighbour to utilise her own boundary for her own fence as she could put the light blocking thing up against mine on the inside within her land at the end of the day...meaning a hiding to nothing for me.

Customer: replied 1 year ago.

RE JURY .......... solic insists it will be a judge and a jury...were you maybe thinking of an injunction in the civil court he wonders? I chose the crown ct to deal, given its an either way. I had been on the verge of pleading guilty when I saw the chair of the three magistrates was the same one who had convicted me! I asked the clerk if I had to plead...didn't...given time to discuss it further with my solic and concluded best to give it more time in the system...thus I declined to plead so its going to the crown where the judges have been incredibly sympathetic with the original matter....saying it should not have been brought etc because its really a civil matter....(which is why I feel I have a valid complaint against the police...sorry if I haven't made that clear). The judge asked Counsel for CPS to be before the bench on the monday morning - with it understood the matter should be dropped as not in the public interest ...(and they'd get costs) ...but she had instructions to continue....Thus it is progressing . Solic told me CPS had been in touch to ask if I'd accept a bind-over (I have just spent about two years resisting a bind-over) so declined. However I've since asked for a meeting with Counsel as there maybe others ways of dealing?

Customer: replied 1 year ago.

hello

Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy
Customer: replied 1 year ago.

yes ok if you are able to find an expert dealing with crime and actions against the police. Thank you

Expert:  wendy-Mod replied 1 year ago.
Thank you for your patience. We will continue the search for a professional for you.

Regards,
Wendy
Expert:  Fran-mod replied 1 year ago.
Thank you for your patience, your business is very important to us, we are waiting on a professional with the right expertise to come online. Feel free to let us know if you would like us to continue searching for a professional or if you would like us to close your question. Thank you for your understanding!
Customer: replied 1 year ago.

perhaps Buachaill will check back in?


 

Expert:  Fran-mod replied 1 year ago.
Buachaill has opted out of your question, which generally means that he is unable to take the matter any further than he's already done and believes another expert may be able to add additional information. We are still searching for another expert.

Thanks for your patience.
Customer: replied 1 year ago.

thank you

Expert:  Fran-mod replied 1 year ago.
You're very welcome
Customer: replied 1 year ago.

any progress?

Expert:  wendy-Mod replied 1 year ago.
Hi, please understand that it’s rare when we cannot find the right professional. However, as one of our valued customers, you are more than welcome to ask another question.

Please accept our sincere apology.

Regards,
Wendy

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