Hi Nicola, i have until October before i have to have a solid and definitive answer so i can wait,and thanks for offering to continue searching,if not your group of experts i can't get any Human rights statments
i will continue to wait
Hello Alex, i hoped i would not have to disagree with my "expert",so to avoid that situation can i get you to answer the question while assuming that the the law in question comes under the scope of "criminal trial"
if in answering my question you come across any thing that is "Quaiified " please highlight it.
if you look at "Blackstones guide to Human rights act 1998"8.182 page 141
it states "The Article 6 (1) right to a fair trial is absolute, but the constituent rights are not and may be limited ..."
Thank you for the additional information,
i need to make a human rights defense case, in an appeal to the Crown court retrying, the appeal to the Magistrate court hearing
in a hypothetical situation (as it is, in fact, at the moment) i have lost an appeal against the section 215 order the prosecuting authority are the same as the agency who would be empowered to do the direct works
would it be a valid claim under article 6 that the execution of the "direct works" represented an unfair trial ?
Hi Alex , thanks for your help, it looks as if i am not getting my point over.
I will try to simplify the question by breaking it down to avoid ambiguity, i have tried this system with another expert and it was unsuccessful
So if you want to help me say so ,if you don't i will put the simpler question to another expert
According to the literature under the human rights act the term "trial" has a very wide scope and covers local council actions.
Would you agree or disagree that the decisions taken by the councils planning officers,or agents in a "direct actions of works" (again not sure if this is the correct term) qualify as a "trial" under the human rights act
The severity of "direct actions of works" in depriving ,argualaby ,a person of there property in contravention of another qualified right to the "enjoyment of there posessions" is sufficent to encompass the right to a fair trial
Thank you for your commitment to 100% satisfaction
i have read (and think i understand) your response. it appears that i can't
simplify and separate the question.
if there no "judgment " relating to the "works" then the works process is not unfair ,so my simplified example is not any good
Simplified example 2:-
(a) the council makes a section 215 order , this is a judicial process
(b) there is no appeal (for clarity) a challenge under the HRA is lodged
(c) the council instigated "direct action works"
the original action by the council is in breach of article 6 because they are the same authority that deprives me of my property
i know all that , assume i am out of the country for 30 days and it goes on without my knowledge or i fail to pay the court fee and am refused an appeal ?
That was not the meaning of my response ,
"assume i am out of the country for 30 days and it goes on without my knowledge or i fail to pay the court fee and am refused an appeal ?"
the question was from the previous reply
is the original action by the council is in breach of article 6 because they are the same authority that deprives me of my property
you are not answering my question, i think there is no point in progressing.
thank you for your efforts
Thank you for your patience, i will give you a broader view .
I have been hounded by my local council for 13 years and in the last ten years,been bullied and threatened and finally prosecuted ,i have lost my ability to work as a skilled professional and subsequently lost my employment now i have no money and have been driven into mental illness.
i have formed the opinion that the council abuse the law in the form of section 215 of the town and country planning act. and it is a law designed to be abused. I complained to the members of the council i made official complaints to the council i complained to the ombudsman and was institutionally ignored. the ombudsman actualy said to "you can resolve your problem by doing what the council tell you to do,
the law is further abused by the court system and i did not receive a fair trial at the magistrates hearing where i had £9,923.00 award against me in costs.
i am now facing a crown court hearing with worsening mental health, no legal representation no money and the additional problem that i can not ever get a straight from any lawyer to build my appeal case.
i started to ask big questions of "Just answers" and just got evasive answers avoiding addressing the the points i required clarity for.
when i changed my approach and asked narrow questions, i posted three,you got one of them the other two are unanswered ,they are simple questions and should be no problem for a qualified professional legal people.
yes, my grounds of appeal are that section 215 is in opposition to the HRA article 6
the process is in opposition to HRA article 8 article 14 and schedule 1 article 1
there is a defense under all four of the appeal clauses of section 217
There are article 6 arguments against the pre section 215 issue under the councils own concordat
there is abuse of power in the issuing of a Certificate of lawfull use in 2001
i asked you one of the many article 6 questions
my 1st article 6 argument :-
section 215 is on its own a breach of article 6 and an invitation to abuse planning law, the "trial" is undertaken by the planning authority in the absence of the defendant the LPA then has the role of judge jury and the power of sentence. the defendant then is advised that he has 28 days to appeal before he is punished by criminal law.
Section 215 is a breach of article 6 because if you can not pay the court costs you are punished by criminal law after 28 days
Section 215 is in breach of article 6 because it circumvents the right to be guaranteed to be innocent until proved guilty ,the term appeal proves that the "trial" has to have occurred. the standard of proof in the appeal is to prove that the result of the "trial" is incorrect.
section 215 is in breach of article 6 because the prosecuting authority is also the authority that interprets and actions the section 215 schedule on the order, in direct action works.
section 215 is in breach of article 6 because your right to have access to the evidence against you, clearly as you are not at the trial you can not see the evidence that is used against you
your answer is in direct conflict with the books i have been reading, the previously mentioned Blackstones guide to the human rights act ,appears to state that human rights legslation can be raised in any interaction with the state, be it courts, tribunals, local government ,prisons.
human rights claims can also be preemptive and stand alone the overriding condition is that there has to be a "victim"
i was able to raise human rights issues at the magistrates court hearing ,but they were not addressed by the judge in a satisfactory manner, that is why i am tring to get expert advise to make a more robust case in the crown court.