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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I was sentenced under the Water Act 1991 regulations 2009 at

Customer Question

I was sentenced under the Water Act 1991 regulations 2009 at the magistrates court for failing without reasonable excuse to comply, my appeal was heard at Crown court, the Judge decided to uphold the sentence.

It is wrong in Principle in our 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 seek clarification be unlawful.
Am I able to appeal from the sentencing Magistrates court to a court of appeal?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : When were you sentenced and appeal please?
JACUSTOMER-yt1vq0cx- :

Magistrates; 5/11/013

JACUSTOMER-yt1vq0cx- :

Crown court;28/2/014

JACUSTOMER-yt1vq0cx- :

Appealed; NG date recieved 24/3/014

JACUSTOMER-yt1vq0cx- :

APPEALED; N161 RECIEVED 26/3/014

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

Should you succeed in the Divisional Court your case is likely to be sent back to the lower court with directions for its reconsideration.

Alex Watts :

But this is your only avenue and route of appeal.

Alex Watts :

Can I clarify anything for yuo about this today please?

JACUSTOMER-yt1vq0cx- :

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?

Alex Watts : You could, but you would be JRing the decision of the court rather than the council.
Alex Watts : This is because the magistrates court summons would have been the start if any Council JR and you have to bring it within 3 months,
Alex Watts : Therefore you can only JR the decision of the court.
Alex Watts : Can I clarify anything else?
JACUSTOMER-yt1vq0cx- :

Is it a point of law in our demorcy that my right to clarify and seek a holiday be unlawfull

Alex Watts : Sadly no.
Alex Watts : Its only where the judge below got it so wrong no other judge would have made that same decision.
Alex Watts : Can I clarify anything?
JACUSTOMER-yt1vq0cx- :

So it is wrong/unlawfull to seek clarification and to take a holiday when our Judicial system allows, and our Judges disagree.

Alex Watts : You can't JR the council, only the courts decision.
JACUSTOMER-yt1vq0cx- :

Should you have 57 yrs of lawful commitment, would you seek JR for the courts decision?

Alex Watts :

Its not a matter for me, I can't tell you what to do

Alex Watts :

It is a matter for you and only you to decide.

JACUSTOMER-yt1vq0cx- :

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.

Alex Watts :

If the Council failed to comply with the legal requirements that may be a point of law.

Alex Watts :

Does that help?

JACUSTOMER-yt1vq0cx- :

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.

Alex Watts :

The Magistrates Court could have opposed it on the basis it did not comply

Alex Watts :

I assume you did that

Alex Watts :

And I assume you were convicted.

Alex Watts :

You appealed to the Crown Court and that Judge is a senior Judge

Alex Watts :

I assume that also failed

Alex Watts :

You should therefore ask for a case stated

JACUSTOMER-yt1vq0cx- :

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?

Alex Watts : It is a review of the courts decision below.
Alex Watts : it is different from case stated.
JACUSTOMER-yt1vq0cx- :

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?

Alex Watts :

In reality, it is possible.

Alex Watts :

Although you do have an uphill struggle.

Alex Watts :

Can I clarify anything else?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-yt1vq0cx- :

Is there a time to limit to lodge a case stated? also a specific form to use.

Alex Watts : You need to ask the court about a dorm
Alex Watts : form
Alex Watts : 21 day time limit
JACUSTOMER-yt1vq0cx- :

Crown court, 28th Feb,

JACUSTOMER-yt1vq0cx- :

I appealed but was turned down, does this count?

Alex Watts : Yes, you can only now judicial review as that is 3 months.
JACUSTOMER-yt1vq0cx- :

Alex, thank you and just answer for answering my question regarding appeal for £33.I will contact you again should another matter arise.

Alex Watts :

I am happy to help. If I could invite you to leave feedback so that I am credited for my time please.

JACUSTOMER-yt1vq0cx- :

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.

Alex Watts :

I am totally independent. Bearing in mind we have talked for MANY hours.

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