how to get an appeal at county court in a higher court
its an appeal of a contempt of court, its a mess and basically the court staff are lost as CPS
the magistrate found me in contempt,which i wasnt, and erred by deciding himself to jail me at the same hearing instead of sending me to another judge/Court for trial before committal
Hello my name is ***** ***** I will help you with this.
Can I be clear, its a Magistrates Court decision or County Court please?
i went to a magistrates court to present myself and railroaded me straight out for contempt, (which i feel strongly in didnt) the same magistrate gave me 28 days, i got bail 3 days later,..i appealed both conviction and sentence and it was put in a county court ,..last week the CPS withdrew saying they werent the respondent, ...my understanding is the man acting as magistrate is, BUT, that has yet to be established .he hasnt followed procedure in once he made a claim he was meant to send me for trial with another 'judge rather than sentencing himself ,and he has erred in that respect, ..my understanding is comtempt falls under common law and is criminal and has to be proven beyond reason doubt ,..so far as i understand county court being admiral isnt the proper court/jurisdiction, they say it is ...i feel it should be Higher Court,hence your much appreciated advice, thank you
On what basis were you found in contempt?
he,the magistrate , claimed 'misbehaving' ....but i certainly did not i was there presenting myself,and remained in honour the whole time, there was no shouting or bad words ..they refused to engage with me wouldnt take any documents from me and id quite a bundle prepared for to make a good defence , i offered them into the 'court' ,.usher,clerk,prosecutor,magistrate would not take them,...next thing he had guards around me trailing me to the cells ,..half an hour later he had me brought back in and said he was finding me in contempt and giving me 28 days ...i was flabbergasted,..so now appealing it as i didnt contempt anything ,...nor do i believe a magistrate sitting alone can even be 'contempted' as such ,....i believe i can prove my innocence ,with 2 witnesses and a local paper reporter and a constable that was there ,said hed be a witness for me ......i just need the correct venue and county court dosent seem to be it
Ok - it would be the Crown Court.
A Judge can sit on his own, this is a District Judge. It does not need to be a Magistrate.
But the correct place to appeal is the Crown Court.
Can I clarify anything for you about this today please?
yes thank-you your confirming what was my understanding, but its still not answering my original question i need it moved from county court to crown court and was wanting to know how i done that
You need to appeal. You ask the Court for the appeal forms.
The case then gets moved.
Does that help?
ok,sorry one last question,..cause im doing this myself ,..do i appeal to county to move the appeal to Crown,..or do i do it the other way,.do i put an application to Appeal into Crown to bring the Appeal from county ,..many thanks
If it started in the Magistrates Court then it will go from there to the Crown Court. Once you lodge the papers this is automatic.
yes it it started in the Magistrates, it should be in the Crown, but its somehow stuck in County ,..they think County is where it should be ,..i know it shouldnt,..i just want to take control, and get it into the right venue ... but as you'll know ,..once you do it yourself in the legal system .no one wants to help you much :( or from what i see,..either they dont want to know, or reality is they dont know !...thanks anyway
Happy to help - Can I clarify anything else for you?
well i guess seeing you asked if you could clarify my understanding that a magistrate sitting alone in an Administrative Commercial jurisdiction in Law cant be contempted against,and even if it did, albeit they can claim contempt,..but the contemptor should be sent to another magistrate/judge for trial and judgement ,and certainly before committal,.. and if you could just clarify contempt civil or criminal and takes on/ falls into/ is under common Law and therefore must be proven beyond doubt in the proper venue
yes their using 'contempt of court act 1981',..woefully in my opinion
what if i put in for them to 'state the case' to High Court