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?
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?
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.
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?
yes ok if you are able to find an expert dealing with crime and actions against the police. Thank you
perhaps Buachaill will check back in?
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