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Where the suspect refuses to answer certain questions or to answer satisfactorily,
after due warning, a court or jury may draw such inferences as appear proper
under the Criminal Justice and Public Order Act 1994 sections 36 and 37.
In such circumstances section 2 on the MG5 should record that a no comment
interview took place, special warnings were given (as set out in a - e below) and
also record the questions that were asked following the warning. The exact words
used should be recorded rather than paraphrasing.
For an inference to be drawn the suspect must be told, in ordinary language:
a) What offence is being investigated?
b) What fact they are being asked to account for.
c) This fact may be due to them taking part in the commission of the offence.
d) A court may draw a proper inference if they fail or refuse to account for this
fact.
e) A record is being made of the interview and it may be given in evidence if
they are brought to trial.
Orders on Conviction: -
441,
An order comes into effect on the day it is made.
Will be of a CBO nature the provisions relating to the CBO are in Part 2 of the
Anti-Social Behaviour, Crime and Policing Act 2014 (the "Act"). The provisions
come into force on 20 October 2014.
The dates of the on goings of the Antisocial Behaviour Order (ASBO)
proceedings are listed below: -
12/09/2014 A bundle is said to have been served by police on the Appellant at
109 Burncroft Avenue, to which he disputes. This Bundle is said to
be for the Antisocial Behaviour Order (ASBO) Case, a letter of
complaint was made and served to the police in regards to not being
served with the full true details and the bundle still remains in
Edmonton police stations lost property the receipt is in my mother’s
name as she found it outside my front door.
06/10/2014 The Appellant was meant to have a hearing for an interim Order but
legal aid had not been granted.
Michael Carroll acting solicitor came to court the judge overturned
and granted legal aid. The application for the Interim hearing the
judge would not hear due to my solicitors not having time to go
over the case papers as legal aid was not granted at this point. The
CPS and police were not happy about this. Hearing was put off
until the 22/10/2014
22/10/2014 22/10/2014 Interim hearing could not go ahead due to Andy Locke
Acting Barrister had a flood at his home address. CPS and Police
were not happy about this and wanted it to go ahead. Judge told
them it is not down to the Appellant he has attended court and
rightfully he should have a barrister. Interim hearing was put off
until the 05/11/2014
As can be seen from the details above the Antisocial Behaviour Order (ASBO)
was not put before a Judge until the 22/10/2014 due to no fault of the Appellant
and should still fall within the commence date of the CBO being legal
jurisdiction.