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The notice to rely solely on hearsay was put before the judge on the 11/09/2014
and 30/10/2014 to Highbury Corner Magistrates Court this was challenged but
was allowed by the judge sitting at the lower court. How can anyone stand a fair
trial when no witnesses can be called? And all of the civil witness statements, not
being signed by the witness themselves.
440,
Hearsay applications under the Magistrates Courts (Hearsay Evidence in Civil
Proceeding) Rule 1999 to reply solely on hearsay within the Antisocial
Behaviour Order (ASBO) application have been put in on the 23/02/2016,
17/08/2016 to Wood Green Crown Court for the appeal hearing, this was
challenged, this also has been allowed by the Judge hearing the appeal case. How
can anyone stand a fair trial when no witnesses can be called?
1. The truthiness and accuracy of the witness statements that are contained in
the format of an MG11 witness statement form.
2. Also, the capacity the court sits in as for the Antisocial Behaviour Order
(ASBO) proceeding sit in their civil capacity, but the respondent’s
application states an offence of a criminal nature such as the organisation of
illegal rave, so for any person to understand what rules the case should really
be imposed to so that the Appellant could stand a legal and justified fair trail
cannot clearly be established, this is for the reasons as listed below.: -
Magistrates and Crown Courts have different regulations when the court houses
are sitting in a true and fair civil capacity when at trial and appeal.
A criminal case as the respondent application clearly states it is, has a different
views towards the rules of hearsay, than a civil case does and requires a section 9
or 10 to be educed into the case proceedings, if the section 9 or 10 requirements
are not agreed by the Judge, or challenged by any applicant, due to a witness not
given oral evidence in court, then the context of their statement holds less weight
and may not be read out in court verbally aloud that is to say on its own, by any
members of the prosecution and in turn becomes inadmissible in criminal cases,
but under civil proceeding were there is no criminal element, then them hearsay
rule do not comply and the Civil Evidence Act 1995 will in fact apply, in any
ongoing proceedings that are in pursuit of an Anti-social Behaviour Order, the
Civil Evidence Act 1995 rules should come into force and will allow the
admissibility of hearsay without an exception other than a hearsay notice,
because of the clear difference that is allowed in the proceeding of criminal and
civil law relating to hearsay and the respondent’s case being of a mixture of both
laws, this leads me to the understanding that I could not stand, what must be a
speedy and fair trial in respect to, The Universal Declaration of Human
Rights (UDHR) 1948, the Human Rights Act 1998 (the Act or the HRA) and the
European Convention on Human Rights (ECHR) 1953.
MG5: Police report
MG5 – CASE SUMMARY GUIDANCE NOTES
Any person being accused of an offence under the criminal justice public order
act 1994 should be arrested and an mg5 case summery form should be filled out
in accordance to code A of the pace codes of conduct.
The prosecutor, defence and court will then need to be informed about what
happened when the defendant was interviewed, and the guidance contained in the
header to section 2 of the MG5 should be followed.