Appealed; NG date recieved 24/3/014
APPEALED; N161 RECIEVED 26/3/014
Where you consider that either the Magistrates' Court or Youth Court, or the Crown Court when hearing your appeal, have made an error of law, acted in excess of their jurisdiction or failed to exercise their jurisdiction in deciding your case, you can appeal on a point of law to the Divisional Court of the High Court. This is done by way of asking the lower court to 'state a case' for the Divisional Court's consideration.
These proceedings are available to both the prosecution and the defence. The procedure is complex, and you will need the help of a lawyer. Criminal Representation Orders are now available. You cannot challenge decisions of fact in this way, but only raise questions of law.
Should you succeed in the Divisional Court your case is likely to be sent back to the lower court with directions for its reconsideration.
But this is your only avenue and route of appeal.
Can I clarify anything for yuo about this today please?
In a democracy where our judicial system allows us to clarify and take holidays, that the Court Judges do not agree that to notify a council of intended holiday and acceptance be unlawful; The
North Devon Council knowingly presented to court a summons with full knowledge that my water supply was compliant, with my letter of acceptance.
Would an application for Judicial Review be applicable?
Is it a point of law in our demorcy that my right to clarify and seek a holiday be unlawfull
So it is wrong/unlawfull to seek clarification and to take a holiday when our Judicial system allows, and our Judges disagree.
Should you have 57 yrs of lawful commitment, would you seek JR for the courts decision?
Its not a matter for me, I can't tell you what to do
It is a matter for you and only you to decide.
Is it a point of law; that as the council itself failed to comply with the water Act and therefore unlawfully obtained a court summons? And is it a point of law; that a Judge passes sentence without hearing my case, dismissed it due to my absence ( I had been instructed to be available by the phone) I was informed by the council that case was dismissed due to my absence but I have not obtained the transcript.
If the Council failed to comply with the legal requirements that may be a point of law.
Does that help?
Under the regulations the council must revoke their enforcement, the water test concluded that there was no potential danger to human health, they where unhappy with my interpretation of the law, in my view it was how dare you question us as a governing authority, they sought a summons delivered for my attention 7 days after the date to attend the magistrates court are no more bullies.
The Magistrates Court could have opposed it on the basis it did not comply
I assume you did that
And I assume you were convicted.
You appealed to the Crown Court and that Judge is a senior Judge
I assume that also failed
You should therefore ask for a case stated
The magistrates court legal advisor offered me a retrial, but I accepted advice from their team leader to have my appeal heard at the crown court only to have a conviction unheard in my absence; Case stated do you mean by way of JR for the courts decision, or for the divisional court the council`s?
Finally Alex; how do you rate my chance in the divisional court succeeding with the point of law that the council failed to comply with the water Act while proceeding with a summons or would I need more?
In reality, it is possible.
Although you do have an uphill struggle.
Can I clarify anything else?
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Is there a time to limit to lodge a case stated? also a specific form to use.
Crown court, 28th Feb,
I appealed but was turned down, does this count?
Alex, thank you and just answer for answering my question regarding appeal for £33.I will contact you again should another matter arise.
I am happy to help. If I could invite you to leave feedback so that I am credited for my time please.
Alex, just looked up JD notes from guidance, I am very disappointed with your advice, it appears that you along with clerk Justices have a chip to inform me (non legal paying) in effect to misinform.
I am totally independent. Bearing in mind we have talked for MANY hours.