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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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I was invited, by telephone, to an interview by the local PC

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I was invited, by telephone, to an interview by the local PC regarding criminal damage ( I had removed a concrete bollard that was obstructing my right of way). I asked if I could bring anyone with me, the PC said no. I asked who else would be at the interview, she said another PC. She insisted I could not have anyone with me so I asked if I could bring a solicitor. At this she said "You can if you want.". I asked what if I did not want to attend for interview. She said " Oh, I'll just summons you then." Very threatening. So I took a solicitor.At the interview I was interviewed 'under caution' a total shock to my system.During the interview the I asked for a break, the two Pcs left the room (Removing the cd from the tape machine.)On their return later in the interview the PC said "Oh. I forgot to ask you to sign the label. Will you sign it now?" I signed it as was very afraid and worried and had been told to cooperate.The interview took place in an 8ft by 5ft room with no window and no ventilation with 4 adults in the room. It was a very hot day in September, forgive me but as an example of how hot it was, my solicitor left a pool of sweat on his chair. I was in this room for two hours.Also, at the end of the interview there was no conclusion so I had no idea what was to happen.36 days after the interview the PC arrived at my door and said "Have you spoken to your solicitor ? "
I asked "Why?"
The PC said "I forgot to tell you that you will be summonsed, I have rung your solicitor and asked him to to inform you."The PC has been extremely bullying and sarcastic on all contacts with me.Does the signing incident invalidate the cd as evidence?Does the delay in informing me have any procedural implications ?I believe I am to be summonsed for criminal damage but I have not yet received a summons. I intend to defend myself.I will plead the defence of
1. ...lawful excuse
2. ... to protect property belonging to himself or another or a right or interest in propertyUnder section 5 of the Criminal Damage Act 1971
I also intend to use case law precedent of Chamberlain v Lindon an appeal in the High Court March 1998The right of way had been in existence over 100 years and is over a private road (not adopted) fronting our row of houses.The bollard had been in place approx. 2 years. We, the private road residents, had been trying to persuade the person, the police and the council to remove the bollard, over this time.My decision to remove the bollard was prompted when a new larger car I had purchased was damaged when I tried to drive down the road passed the bollard, and felt the obstruction for this length of time was reaching a stage were we could be deemed to have acquiesced to the obstruction. Also other vehicles (eg a funeral cortege) were refusing to manoeuvre passed the obstruction.Questions1. Is the Chamberlain case a 'citable precedent'?2. Would the prosecution be justified in stating 'no immediacy for action needed'? In the case above the wall demolished had ben up 18 months, I think.3. Are there any other things they might decide to charge me for?
Submitted: 1 month ago.
Category: Law
Customer: replied 1 month ago.
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Customer: replied 1 month ago.
Hello,
Thank you for your reply, Nicola. I am in this position with just answer UK because of a mistake I made with rating the expert I was dealing with. I thought the first answer I received had concluded her help. I did not realise (I am new to this system) subsequent questions / discussion was available. The expert was obviously / naturally disconcerted by the low rating. Anyway suffice to say until I can rectify the "rating in error" it will naturally be difficult for her to offer further assistance.In answer to your question, I can wait for a further professional to offer assistance. It would be helpful if it was before my free trial week runs out. I have paid my monthly subscription.In the meantime I will try to mend bridges with original expert and correct the erroneous rating.
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Expert:  Nicola-mod replied 1 month ago.
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Thank you for your patience,
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Expert:  JGM replied 1 month ago.

1. Yes it is. You should lodge a complaint against the police for their actions against you relative to what is essentially a civil matter. You are entitled to remove obstructions from a right of access to which you have right or title. 2. Not relevant in my view. The illegal obstruction had damaged your own property. 3. No. please fight fire with fire and lodge a complaint with the police. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 1 month ago.
Good afternoon
Thank you for responding to my question.I was told 'Chamberlain v Lindon March*****#39; was a civil case so could not be used as precedent. But the judge in the case cited says -49. "It is unnecessary to reach a conclusion as to whether the respondent's self-help was justified as a matter of civil law .... because the appellant chose to take proceedings in the criminal courts."1. If I cannot use it as precedent can I "reference" it in passing as an exact example as my case?2. How do I lodge a complaint?3. To whom should I address the complaint?4. Should I just stick to the facts - ie 'obstruction' , 'right of way', 'should be civil case', would they have progressed this case if the bollard had been tree branches removed? So, disregarding my treatment and address those issues after a resolution is achieved one way or another.5. If this does not stop the case can I write to the CPS or Magistrates requesting 'no further action, no case to answer, not in public interest', for example?Thank you in anticipationTom
Expert:  JGM replied 1 month ago.

You can use it as a precedent where the case shows that what that person did and what you did were treated as permissible by the court, therefore not a criminal offence. The complaint should be lodged in the first instance with the duty inspector usually but look up the particular website for that police force and you will get the correct procedure. You should point out that what you did is not recognised as a crime by the court in the precedent case. If it doesn't stop them you can't write to the court. You will have to meet the charges and go to trial.

JGM, Solicitor
Category: Law
Satisfied Customers: 10091
Experience: 30 years as a practising solicitor.
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