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Swearing and the law

Section 5 Of The Public Order Act 1986: The Impact Of Harvey v DPP The broad scope and low threshold of the offence under section 5 of the Public Order Act 1986 makes it frequently prosecuted and familiar to practitioners. The recent case of Harvey v Director of Public Prosecutions [2011] All ER (D) 143 (Nov) required the High Court to re-examine the not uncommon situation where a person has been charged with a section 5 offence after swearing at a police officer. The fairly short and ex-tempore judgment provides some fresh guidance on determining whether words will be considered “abusive” under section 5, and when evidence of their impact upon individuals will be required. Section 5 of the Public Order Act 1986 A section 5 offence comprises two elements: A person must (a) use threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b) display any writing, sign or other visible representation which is threatening, abusive or insulting; and The words or behaviour, or writing, sign of other visible representation must be within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. Unique amongst the public order offences in the […] → Full article Swearing and the law

Challenge court jurastiction

POST FOR AUSTRALIA NUMBER 131 THIS IS HOW YOU CHALLENGED THE JURISDICTION OF THE COURT In relation to the matter before this court being an Application to sell abandoned goods held by the City of Greater Geraldton. I formally challenge your ability firstly to constitute a Lawful Court under State Acts and Statutes. There is no authority for you to sit in Admiralty Law in Our Court nor have we given you any authority. Our authority is We Are The Commonwealth as established under the Commonwealth Constitution Act 1900 UK and the Commonwealth Constitution 1901 which we accepted by Referendum. The State of Western Australia, like every other State did not exist before Federation, they were Colonies and ceased to exist on the proclamation of the Commonwealth Constitution Act 1900 UK by way of Clause 7. In the High Court HCA 48 of 1996 the case of James Andrew McGinty v The State of Western Australia states clearly that the states did not exist prior to Federation they were as I have said Colonies that ceased to exist on the proclamation of the Commonwealth Constitution by Clause 7 of that constitution. The states were established by 107, 108 and 109 […] → Full article Challenge court jurastiction

Credit agreements

CREDIT AGREEMENTS When you sign a credit agreement your the only one that signs it, ever noticed that then they take a photocopy and give you the photocopy or the carbon copy, it’s never the other way around where you keep the copy with your wet ink signature on it, ever wondered why ? Well they need your copy with the wet ink signature to apply for the money they claim their loaning you, the carbon copy you get is worthless, in effect they sell that credit agreement you signed, it’s what called securitising the debt by selling it on, Now the minute they do that the loan / debt is paid for, they just end up getting paid twice by getting you to repay and add interest, their basically charging you for the credit you created with your signature, tut tut ! Now what i do is demand proof their is a valid deb owed in the firm of that wet ink signature contract you signed we demand to see the original not the carbon copy because that’s worthless, now trust me when I say they kick up a stink about this and try everything to avoid supplying the […] → Full article Credit agreements

The secret language called legalese

Legalese is a secret language invented to trick you. It uses English words but attaches secret meanings to those words with the sole intention of stopping you believing that what they are saying to you has nothing to do with the normal meaning in the English language. Their purpose is to cheat you and rob you. For example, they will say to you “Do you understand?” . In English, that means “Do you comprehend what I am saying to you?” and the automatic response would be “Yes”, meaning “I do comprehend what you are saying to me”. But these sneaky, underhand people have changed the meaning in Legalese to mean “Do you stand under me?” meaning “Do you grant me authority over you so that you have to obey whatever I tell you to do?”. What makes it even worse, is the fact that they will never tell you that they have switched from English to Legalese, and if that is not dishonest, underhand and unscrupulous, then I don’t know what is! If you answer the question believing that English is being spoken, then they pretend that you are contracting with them to become subordinate to them. Whether or not […] → Full article The secret language called legalese

Debt where it all begins

This is where it all begins, this is most important, YOU MUST NOT CORRESPOND WITH THE DEBT ORIGINATOR IN ANY WAY WHATSOEVER, FORGET THE ORIGINATOR OF THE DEBT, THEY DON’T MATTER….. YOU MUST NOT CORRESPOND IN ANY WAY WITH THE DEBT COLLECTION AGENCY/ENFORCEMENT AGENCY AND THEIR AGENTS EXCEPT FOR THE 3 LETTER PROCESS AND ESTOPPEL NOTICE or you will pay the price, what they are trying to make you do is slip up with their intimidating tactics, saying they can do this and they can do that, yeahh right, absolute rubbish, by getting you to correspond with them they are trying to gain joinder, in the eyes of the law joinder is seen as “acceptance” of the alleged debt, there’s basically only one thing they can do to you and that’s take you to court with a recommendation for CCJ’s, all that means is you’ll get a bad credit history and you probably won’t be able to get credit. another very important thing to remember, especially at this point where you’ve just received your first letter from the original company or authority notifying you of your arrears, just completely ignore them, pretend they don’t exist, WAIT until they appoint a […] → Full article Debt where it all begins

Bank debts

Bank Debts. __________ Debts with banks are quite an easy one to deal with, they always appoint debt collection agents, what i want to ask you first of all is, have you corresponded with the bank over this alleged debt or corresponded with debt collection agents? if you have corresponded with either of them it’s not looking good because when you correspond with them in any way whatsoever, even in dispute, it’s seen in the eyes of the law as “acceptance” of the alleged debt, through correspondence with you they gain joinder, a lawfully binding contract. Use the 3 letter process and estoppel notice, i would also recommend the Removal Of Implied Right Of Access Notice as well,

Frequently used words and phrases in the court room

FEQUENTLY USED WORDS AND PHRASES IN THE COURTROOM Affidavit A written statement made on oath, given in the place of verbal evidence Affirmation A declaration made instead of taking an oath Appellate Court/Jurisdiction Court or Jurisdiction which has the power to hear appeals Application A request made to a Court, eg., application for bail, application for an adjournment Arraign/ Arraignment The reading of the charges to the accused in a criminal matter and the recording of the accused’s answers as to whether he/she pleads guilty or not guilty Balance of probabilities The onus or standard of proof required in civil matters Beyond reasonable doubt The onus of proof required in criminal cases. Burden of proof The obligation to prove what is alleged. In a criminal trial the burden of proof is upon the prosecution, the accused does not have to prove anything. In a civil trial it is the plaintiff or claiming party which has the onus of proof Case Conference A pre-trial hearing which initiates the hearing of the case in Court. Under the guidance of the Judge (in Crime) parties attempt to resolve issues prior to the formal trial commencing Charge (to jury) Directions given to the Jury […] → Full article Frequently used words and phrases in the court room

new method of instituting proceedings

The “new method” of instituting proceedings The Criminal Justice Act created a “new method” of instituting proceedings. After a pilot scheme, all police forces in Australia were given authority to use the new method. Criminal proceedings for summary only offences may be commenced by charge (usually at a police station), summons or the “new method” – Written Charge and Requisition. Alternatively, a Single Justice Procedure Notice may be issued with the Written Charge. Historically, a summons would normally be issued by the court after an “information” is laid at court by the police. The “new method” allows a relevant prosecutor to commence proceedings without reference to the court. A relevant prosecutor may institute criminal proceedings by issuing a document – “a written charge” which charges a person with an offence. Where a relevant prosecutor issues a written charge, it must at the same time issue a “requisition document” – which requires the person to appear before a magistrates’ court to answer the written charge. A requisition may be contained in the same document as a written charge, and contain more than one offence. The written charge and requisition must be served on the person concerned, and a copy of each […] → Full article new method of instituting proceedings

Understanding not guilty

  “Not Guilty” – Do you know what you’re actually saying when uttering these words? Many do not think twice when pleading “Not Guilty” in a court. However, do you truly understand what this means and the impact it has on the matter at hand? The mere fact that a “defendant” is attending court is an admission of guilt as an unresolved controversy exists and the accuser eg the plaintiff believes a wrong exists and requires resolution or compensation from the defendant. Hence, by the act of turning up, the defendant is already guilty. First of all, what is “court”? Simply put, you’re already in court when interacting with the opposite party…you’re there to make law/contract. Hence, the first court appearance has already been held with the opposite party and the reason for a Court appearance in a State/Federal Court is to adjudicate on the controversy created by the defendant according to the plaintiff. Pleading not Guilty. Where does the word “guilty” come from? From Canon Law here Canon 3147 The word Guilty originates from 14th Century English / Dutch gilde, from 13th Century Venetian / Italian gilda meaning “guild, payment (in gold), debt or fine owed to the guild”. […] → Full article Understanding not guilty

Common law v statutes

Common Law vs Statutes Living by the Rule of Law by Roger Hayes Few of us would disagree that the world would be a better place if we all lived by the rule-of-law – but can the same be said about living by the rule of statute? The writer thinks not. In making the case that ‘the law’ benefits our society as a whole but ‘statutes’ benefit special interest groups and have become a negative factor in our lives let me first put forward my views as to what the differences between laws and statutes are. Here follows a summary of my interpretation of the differences (not necessarily in order of importance, sometimes repeated and definitely not exhaustive) – please feel free to challenge me if you disagree. Warning: My assumptions are based on my own logic and reasoning – I have the benefit of not having been ‘trained’ to think like a barrister or a solicitor – in fact I have not been ‘trained’ to think like anybody – I tend to think for myself, which it appears very few people do these days… most preferring it seems to being ‘guided’ conveniently to the same conclusions as the ruling […] → Full article Common law v statutes

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Valuable links

Use the links below for valuable information on rights and law.
Know your Rights
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Wayne Glew