Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
If there is criminal wrongdoing then you need to report it to the Police.
Once you do that the investigation becomes that of the Police, not yours.
The Police can then gather any evidence they require and forward it to the CPS
The CPS then take a view to see:
1) Whether there is a realistic prospect of conviction, and
2) It is in the public interest
You can not insist the matter is prosecuted, it is a matter for the Police/CPS
Can I clarify anything for you about this today please?
With regard to the gathering of evidence by the police:In this case
Can I clarify anything for you?
the evidence is held in my File and record of events; I have already set this out in a fully corroborated account; the Council are unlikely to provide the same; asking the police to investigate on what is a not-very-well-understood bit of legislation would result in them being fobbed off with right-sounding but incorrect law.yATEDAtaed account along with the relevant LAW;
But you can't make the Police prosecute, its a matter for them.
You can give your evidence and the Police/CPS will decide
Or you can go to the Ombudsman and see you can get a finding of misconduct
Their website is: www.lgo.org.uk
The Ombudsman only considers whether there has been administrative failure and can't consider whether the council have been correct in Law in showing a path in the Map.
Ok - then all you can do is put your information before the Police
You can give your evidence to the Police
But you can not make them prosecute
It seems to be your advice which i accept that the answer is to put it all together and take it to the police after which it's up to them.
But its a matter for them what they do with it and whether or not they prosecute
OK one further while I have you.
The CC have been repeatedly requested by me and other concerned parties to provide the legal proof of the path in question as determined by the Secretary of state at the 2007 public inquiry - without that proof [ the precise location, line and width required at S56 of the 1981 Act] being provided.
I closed my boundaries in 2008. In january 2014 council employees cut through those fences at a point determined by the Council and inserted gates. Two matters arise: gates and stiles are illegal limitations ona public right of way - permitted only by way of an Application [in this case on my part] and Approval by the Council on grounds of agriculture or forestry, which in this case do not exist; I adsked [required] the removal of the gate with no response from the Council.sirr
It sounds like you may be better off with a Judicial Review if you are challenging the decision and lawfulness of it?
Can I just rip them out? and re-instate my fences?
That may be criminal damage.
Can I clarify anything?
What about the criminal damage to my fences? And in a location where the inspector specifically determined that she was unable to locate any public rights - she did examine that line with that conclusion.
You should report to the Police that this has happened.
Again they may or may not investigate.
While you are offline and to conclude: the gates are illegal by virtue of S 147 o the Highways Act.the
Yes. You need to report all matters to the Police
Thank you Alex - this could go on for ever. Best wishes.