Miscarriage of Justice - out of pocket - any compensation?

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Hi All,

You normally see myself talking about debt related issues but throughout end of 2013 to summer 2014 I have been put through hell via another matter.

I’m trying to find out if I can claim anything back or get some form of compensation / charge removed completely.

 

Background to the case.

One Friday in August 2013, I left work and decided to travel into an area close to where I work as I had seen a car for Spares & Repairs on GumTree (My sun roof leaked and it was going to cost in excess of £200 to repair).

I travelled into the area and must of spent 45mins looking for the street, about to give up I saw a police van approaching so I flagged him down and asked for directions, of which he gave and on my way I went.

 

Got to the street, but the car was not there so I made my way home, going back the way I came into the area (as I didnt know the area at all).

I was then pulled over by the same police officer. Being of nervous disposition I started to panic and wonder as to why I'd been stopped, had i been speeding, did I cut someone up?

 

Nope.. He asked me to step out of the car and proceeded to tell me that there had been an incident of indecent exposure in the area and "I matched the description", that scared the hell out of me, and he asked if I would come do a voluntary statement - which I did as I had nothing to hide.

 

At station answered the questions fully, cop asked why was I heading back towards work when I live the other way, not knowing the area was'nt a good enough reason.

He asked me about my car, I stated it was a Renault Clio that is Bluey Green in colour. He begins to argue with me stating that the colour was just Blue and no way can be green, but I stood by this.. after 40mins, he asked would i be prepared to do a ID parade, again I had nothing to hide and agreed.. He then took down my details:

Eye Colour BLUE, Shaved brown hair, light stubble not a beard, local accent, height 5'6". Clothing I was wearing: Black T-shirt with a Red V-Neck (no collar), Light blue denim jeans, black shoes.

 

I then left, done the ID parade a week later..

23rd September - I get a call from my solicitor stating that I need to return back to the station as I had been picked out on an ID Parade (wtf etc etc came out) and bring the top I was wearing, which I did with him that day.

Back at the station I gave the officer the t-shirt, and my solicitor advised me to say "No Comment" as I had already gave details in previous statement.

I was charged. Now I was not given any details as to the witness statement or anything.

Waiting game commenced with the case going to the CPS for their decision, 26th Dec 2013, they decided there was enough evidence to take to court – again something I was completely shocked about, I then had to appear to a hearing in Feb 2014 which gave me a court date of 1st April 2014.

 

Mid of Jan, I finally plucked up the courage to ask someone I had fancied and deliberately went into her place of work just to see her for 18mths!! and to my surprise she was head over heels about me – a perfect & blissful relationship commenced.

 

26th Feb 2014, I met with another solicitor from the firm, whom was assigned to my case.

Without going through the paper work with me he stated “Prepare yourself for the worse!”.

Stated I should not have said “no comment” in second interview, to which I replied that I was advised to by his colleague (he shook his head).

Told me that the witness (17yr old girl) had stated the man in question was driving a small RED[b} car, also said that the man was wearing a black polo shirt and black trousers!

 

Viewed my car on car park and asked questions about interior confirmed colour was a blue green but not metallic or even red yet did not write anything or take pictures (something that the magistrates asked if there was any).

After this meeting – I told my girlfriend straight away, as to the whole details.. “Don’t look so worried, it’s clearly not you, I believe you.” That made me happy, “I’ve watched you since the first day you came into the shop, you don’t drive a red car, and your too damn shy!” and she stood by me all the way & came to the court with me on 1st April.

 

From 26th Feb to 1st April, I had no contact with the solicitor despite leaving endless messages.

On the day of court he said to me and my girlfriend “I do not want to put pressure on to the girl due to her age as it would look bad”, yet Prosecutor questioned her fully over the incident.

 

He never once questioned the girl on the description of the man, only focused on the colour of the car. Though the girl was adamend it was “Red.” It was “Shiny Red”, every other question put to her was “don’t know”.

The only thing that was going for me was the coppers description of me and that my car was not red.

The magistrates then deliberated and came back and said “We cannot take into consideration the colour of the car or clothing as Miss X, was clearly distressed – therefore we find you guilty”.

 

I looked straight at my girlfriend (now ex as you will see why) and was informed that I was to be placed on the Sex Offenders Register.

My Girlfriend and self returned back to hers, and we said the appeal will prove the correct outcome.

 

4th April, my girlfriend told me how she had spoken with her 16yr old son that she wants me to move in with them so we can start a life together properly, and we agreed that I was to move in at the end of the month.

 

10th April, we both sat down and wrote a complaint to the solicitors at the poor representation.

She was also not happy to wait that long as said “I want you to move in this weekend” as she was truly happy (something her friends have said before)

 

11th April, after spending most of the day with her, I return home and at 9:30pm, she informs me that the social services have been round – they had told her (not knowing she was at the court) that I had been found guilty of two offences and have previous. She informed them this is not the case and that “WE” are appealing.. The social worker stated that “he has no grounds for an appeal, you are deluded as you do not know what has happened. Therefore we have no alternative to ask you to break off the relationship OR we will take your son (16) into care..” Of course she did the right thing, and put child first. They also said there was a no contact order in place!

17th April 18:30pm, I get a phone call from the solicitors whom stated that they can no longer represent me any further (for the sentencing & appeal) as they were professionally embarrassed at my complaint sent the 10th. My sentencing was 24th April – I only had 2.5days to find a new solicitor due to it being the Easter weekend.

They couriered the paperwork (witness statement / officers statement and mine) to me to hand to new solicitors on the morning of the 24th. (I quickly took copies of all of theses)

 

24th April – I was instructed to pay £500 compensation, £350 court costs, placed on the offenders register for 5 years, instructed to do 120hrs community service, and attend a sexual offenders rehab course! – whilst at the court new solicitors quickly read through the statements, and was shocked when I told her I had never read them through and that it was clearly not me the witness was talking about.

 

Details contained in the paperwork:

Witness stated the culprit had a New RED shiny Car, he had Brown Eyes, Birmingham accent, he looked like he was 30 but had a beard that probably made him look older than he was. Wore a black polo shirt with a black collar and black work trousers.

Incident took place at 16:30 and lasted 5.5mins (she knew this by messages on her phone). The incident happened 0.8miles away from where I stopped the cop, he confirmed it would take about 3mins to drive that distance and that I flagged him down at 16:45.

So that meant in 6.5mins I was able to change my car, change my clothing in broad daylight, change my eye colour and have a shave??

Both myself and solicitor drew up 8 A4 pages of differences.

 

 

I was turned down for Legal aid for the appeal twice, and ended up obtaining a loan with the help of my parents and paying £3,500 reprensentation!!

The Appeal took place 11th July 2014, (exactly 3mths since being forced to split). At the appeal, despite having the witness statement in front of her, change details of clothing, location (put it further away) and what she actually saw.

As for the officer, when my barrister questioned him about the colour of the car, the two magistrates agreed it was Bluey Green and judge stated he would settle the argument and say it was turquoise… When my barrister asked to confirm the colour the accuser had said, he went “red” the Judge shook his head in disbelief. The officer even knowing the difference in colour could not provide a reason as to why he pulled me over, only said “for another reason that I do not recall”..

Barrister asked what bottoms did the witness say the man was “Black Trousers” and what was Mr X wearing “Light blue denim Jeans” he held up my jeans and said like these “Yes” again judge shook his head.

After 15mins of deliberation, the judge said that it was clear that it was not Mr X and therefore uphold the appeal.

 

I was immediately taken off the register. THANK GOD!!!!

 

I apparently have no grounds for compensation or can not recover anything back. Costs was awarded of which I have been notified today that it is a grand total of £349.47 yes Three Hundred and Forty Nine Pounds Forty Seven Pence. That I will receive within the next 90days!!!!!

 

So as a result, I’ve lost the woman I was in love with (her son now 17, is being a ****, but I do understand why - as it is a protection for his mom as it’s been them two for so long - which i do admire), I’m £3.5k out of pocket – well more cos it’s a loan that was taken out, and have had my good name dragged through the mud.

 

I’ve recently found out that the charge remains on my file so I now have to declare this for jobs and also have to pay for visa’s to goto USA.

 

I took this to my local MP whom, is a complete to55er, he’s basically said deal with it – it’s the law, despite showing his support for another MP to get all of their funds back?

I’ve also been told that there is an organisation (charity law firm) that would take on a case of compensation – but they did not know the name of the firm.

 

Is this true? Is there any thing else I can do as I have been well and truly screwed over on this?

 

Thanks – and sorry it was a long post.

[king12345 416]

Wtf story!

Glad you eventually got off.

Now the only thing to do is to sue the police and cps.

This will cost money and you need good advice from a very good lawyer specialised in this sort of compensation claims.

As everything was messed up from the start, it shouldn't be impossible to recover some or all the money you spent.

But again, you need a lawyer with large attributes.

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Sadly I do not have the money to do so or take this on any further.

[caro 4,347]

Good grief!! You couldn't make it up!!

 

There may be some info here that might help. http://www.parliament.uk/business/publications/research/briefing-papers/SN02131/miscarriages-of-justice-compensation-schemes

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Tried the compensation lines of which I got the following back from them (thanks to MP Chris Grayling whom changed the Legal Aid stance but not the compensation part):

 

 

For an appeal to be considered it must be submitted within 21 days of conviction.. Section 133(1) basically say's compensation is only considered for people whom have appealed after 21days... BUT you can't appeal after 21days unless you have new evidence. Also not entitled to compensation as I was never imprisoned but I was on the SOR from 1st April to 11 July..

 

In addition to this, the paper work that I had through to confirm that my appeal was successful stated:

"Following your conviction on 11th January 2014" my court date was 1st April, 4mths after!!!

[king12345 416]

Could the op start a county court claim to recover the expenses sustained?

It's less than £10k and he was totally innocent.

Or maybe no judge would rule against cps/police?

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Who would the expense claim be against?

Police went on a positive ID over actual information to charge.

CPS stated enough evidence based on positive ID and I was in the area to take to court.

Magistrates stated they couldnt take into consideration the colour of car or clothing and found me guilty.

 

As far as I'm aware I can not do a claim against any of them? unless someone else know's other wise?

[caro 4,347]

I think you'd need to get legal advice as it's clearly not straightforward.

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The solicitors that represented me for the appeal stated that there was nothing I could do, but I dint believe that this can be the case. Surely there must be something that can be done as I've been properly screwed over

[steampowered 3,176]

Hi there

 

This must have been an awful experience for you. Unfortunately I don't think the legislation you posted above is applicable. This is designed to pay compensation for people who have suffered with a wrongful conviction for some time. I don't think your case falls within s133(5) as you can read here: http://www.legislation.gov.uk/ukpga/1988/33/section/133. Also, this legislation is only applicable where there is a 'newly discovered fact' and there is no 'newly discovered fact' in your case. I don't think there is an automatic right to compensation where convictions are overturned on appeal.

 

I don't think you have grounds to sue the CPS or the police. As you were identified from an identity parade there was evidence against you.

 

You might have grounds to sue the solicitor if they have been negligent. You would have to prove that the solicitor did something wrong which falls below the professional standards you were entitled to expect. If your claim is based on failure to question the witness properly, this is a difficult claim because solicitors and barristers who have been too aggressive in questioning child witnesses have come in for heavy criticism from judges and it can backfire badly. However, if the solicitor failed to point out to the court that the witness described the car as red whereas your car was blue then I think something like that would be negligent.

 

Before doing anything further I think you need to speak to a solicitor. It is best to speak to one who focusses on professional negligence claims. Many will offer a free consultation to see if you might have a case. If you have a strong claim no-win-no-fee arrangements are possible. You can explore the possibility but I think it is unlikely a charity would be interested in a case like this as there are others who have unfortunately suffered from much more serious miscarriages of justice.

 

Now that you have been cleared, surely there should be no issue from a social services standpoint with you moving in with your partner?

[ads_uk 101]

Thank you for your reply.

 

I think the only thing I can do is get in touch with the Legal Ombudsman and see how I fair there... The first solicitor did state in there letter they were "Professionally embarrassed" regarding the points I made against them.

 

Unfortunately myself and girlfriend are no longer together as a result of the Social's brashness (and since their interference April) - They've interfered and have not and will not provide an apology "we were doing our job"... as they have interfered people talk - which I know tongues stop gossiping after a while.......

Oh and Social did not inform her I won my appeal they stated "If I was still with her, they would contact her to tell her I won BUT as I am no longer with her there is no need" now where is the bloody logic in that?

[king12345 416]

Imo the police and cps were wrong to not investigate the facts thoroughly.

Red car-blue car, different clothes, different description.

It's time to see a good lawyer because this has impacted immensely on your life.

You were going about your lawful business and all of a sudden you're on the sex offenders registered.

All because police and cps couldn't differentiate between red and blue.

The social services have followed the protocol and you can't really blame them.

If I were you I would send your ex the last communication from them and the appeal statement clearing you of any wrongdoing.

At least she wouldn't think that she was putting her child's life in danger.

This story is scary and highlights the need for cps and police to get a quick conviction instead of finding the real criminals.

Lets tick as many boxes as possible attitude.

And then we see Colombo on tv cracking impossible cases: Pure fiction!

[phaitun 151]

I would immediately request that any details of your arrest be removed from your Police National Computer record.

All DNA and fingerprints taken be destroyed together with photographs taken and the ID parade stuff.

 

SAR the Police for all paperwork relating to the case minus witness name and address etc

SAR CPS for the same.

SAR Social services for all records and information that they hold on you, ask the ex girlfriend if she will help you to clear your good name as social workers have no right to say you had other offences etc as they can oy give info under Claire's law that is factually correct. All facts would be discussed at case conferences and other meetings with minutes taken and written reports made- all of which is disclosable under Data protection.

 

This is a Human rights issue and you may need to speak to a specialist lawyer.

 

The Initial police CAD incident will have first descriptions etc recorded on it and so should the officers pocket book.

 

Basically if you really want to fight for this you need to get as much paper as you can from all of the relevant parties go through it and then approach the human rights charities or the Pro Bono Scheme for specialist human rights counsel advice.

 

Sounds like a real nightmare.

 

Try to get a human rights MP and some decent press on board also.

 

Really sorry this has happened to you

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Ok now i'm p***ed

 

Past couple of months I've been dating someone and got talking the other night about how come I was single etc... I decided to show her all the paperwork, witness statements etc and the bits from the police that I'm no longer on the SOR & I won my appeal. She was shocked and couldnt believe I went through this.

 

Well today, she's told me that she can no longer see me due to her job - Teaching Assistant.

She has stated that the laws state something on Association for CRB & DBS searches and that as I was charged of the offence it will show until my 100th birthday..

 

Is this true? surely that as my appeal was successful NONE of my details should show?

 

Does anyone know the laws around CBS DBS and association?

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It's finally been confirmed by solicitor that once a person is charged it the offence they were charged for remains on their file until 100th Birthday - regardless of if you was guilty / found innocent or even won an appeal ----- what a completely screwed up society we live in. It must infringe on Human Rights?

[king12345 416]

This is madness!

How could this be possible in a modern society proudly flying the flag of human rights???

[singlelayer 1]

I was re-directed to this thread from another thread re resigning Magistrates over Court charges that appeared in this month's email newsletter and read with horror the ordeal you endured.

 

This sort of thing really makes me worry about this country and blatant miscarriages of justice should result in complete and utter exoneration (including financial recompense).

 

I hope you do push ahead with fully clearing your name from all databases.

 

I am a serving Police Officer and feel completely ashamed of the 'service' you received.

 

Good luck with your future.

[unclebulgaria67 28,999]

Best way of taking this forward is to contact Home Office select committee members of Parliament with your story, pointing to a gap that exists for victims of Police/CPS mistakes. How they can devastate someones life and there not being any system of dealing with the situation,

 

http://www.parliament.uk/business/committees/committees-a-z/commons-select/home-affairs-committee/membership/

 

If you look at the members, Kier Starmer, a previous head of the CPS is now a member.

[The Mould 784]

Hi ads

 

I have set out below the relevant legislation and common law that are applicable to the issues in your case based upon the details of it that you have set out here.

 

There is a legal way to put things right for you and to obtain compensation as to the wrongful and manifestly unjust treatment of your private self that the public servants subjected you to and continue to subject you to.

 

This is going to be a very long journey and you will need to be committed to the process involved. I believe I can help you through this and help you to build your case against the public servants and the solicitors who acted for you.

 

In the first instance, I would like to propose that you serve a Letter Before Claim on the solicitors on grounds of their clear professional negligence. In order to do this you must comply with Civil Procedure Rules (“CPR”) Professional Negligence Pre-Action Protocol (“The Protocol”). The statutory requirements that you must satisfy under the Protocol can be found on Ministry of Justice website, you should print off a copy of the same.

 

When you have read the provisions of the Protocol, draft your Letter Before Claim and post it up here (minus all personal details) and I (and I am certain others too) will peruse the same and give you guidance thereon as to amendments (if any) required etc.etc. before you serve it on the solicitors by Special Delivery.

 

Secondly, peruse the legislation and the common law torts below in order to acquaint yourself with the same and over a period of time I will post material on each piece of legislation and the torts setting out the reason as to why they apply to the issues of the case and the grounds of your pleadings (statement of case) against the public servants and why their acts against you are a contravention of the relevant sections of the relevant statute.

 

There is a great deal of work to do and therefore hopefully other Cag members will pitch in and together we can pool our resources to help and support ads in succeeding to undo the ocean of injustice he has been made to drown in by the wrongful actions of the public servants.

 

 

Serious Organised Crime and Police Act 2005

110 Powers of arrest

(1)For section 24 of *PACE (arrest without warrant for arrestable offences) substitute—

“24 Arrest without warrant: constables

(1)A constable may arrest without a warrant—

(a)anyone who is about to commit an offence;

(b)anyone who is in the act of committing an offence;

©anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d)anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)If an offence has been committed, a constable may arrest without a warrant—

(a)anyone who is guilty of the offence;

(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5)The reasons are—

(a)to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)correspondingly as regards the person's address;

©to prevent the person in question—

(i)causing physical injury to himself or any other person;

(ii)suffering physical injury;

(iii)causing loss of or damage to property;

(iv)committing an offence against public decency (subject to subsection (6)); or

(v)causing an unlawful obstruction of the highway;

(d)to protect a child or other vulnerable person from the person in question;

(e)to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f)to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6)Subsection (5)©(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

 

 

*PACE means The Police and Criminal Evidence Act 1984

 

 

Data Protection Act 1998

 

 

SCHEDULE 1 THE DATA PROTECTION PRINCIPLES

 

PART I THE PRINCIPLES

 

1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—

(a)at least one of the conditions in Schedule 2 is met, and

(b)in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.

2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.

3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.

4 Personal data shall be accurate and, where necessary, kept up to date.

5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

6 Personal data shall be processed in accordance with the rights of data subjects under this Act.

7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

 

 

SCHEDULE 2 CONDITIONS RELEVANT FOR PURPOSES OF THE FIRST PRINCIPLE:

PROCESSING OF ANY PERSONAL DATA

 

1The data subject has given his consent to the processing.

2The processing is necessary—

(a)for the performance of a contract to which the data subject is a party, or

(b)for the taking of steps at the request of the data subject with a view to entering into a contract.

3The processing is necessary for compliance with any legal obligation to which the data controller is subject, other than an obligation imposed by contract.

4The processing is necessary in order to protect the vital interests of the data subject.

5The processing is necessary—

(a)for the administration of justice,

[F1(aa)for the exercise of any functions of either House of Parliament,]

(b)for the exercise of any functions conferred on any person by or under any enactment,

©for the exercise of any functions of the Crown, a Minister of the Crown or a government department, or

(d)for the exercise of any other functions of a public nature exercised in the public interest by any person.

 

 

European Convention on Human Rights

 

 

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms Strasbourg, 22.XI.1984

 

ARTICLE 3

Compensation for wrongful conviction

 

When a person has by a final decision been convicted of a criminal offence and when subsequently his conviction has been reversed, or he has been pardoned, on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to the law or the practice of the State concerned, unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to him.

 

 

Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4.XI.2000

 

ARTICLE 1

General prohibition of discrimination

 

1. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

 

2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.

 

 

ARTICLE 5

Right to liberty and security

 

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law; 8 9 © the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; (d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants; (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

 

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

 

3. Everyone arrested or detained in accordance with the provisions of paragraph 1 © of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

 

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

 

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

 

 

ARTICLE 6

Right to a fair trial

 

1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

 

2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

 

3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

 

(b) to have adequate time and facilities for the preparation of his defence;

 

© to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

 

(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

 

(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

 

 

ARTICLE 7

No punishment without law

 

1No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

 

2 This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

 

 

Crown Proceedings Act 1947 Part 1 Sections 1 and 2

 

1 Right to sue the Crown.

Where any person has a claim against the Crown after the commencement of this Act, and, if this Act had not been passed, the claim might have been enforced, subject to the grant of His Majesty’s fiat, by petition of right, or might have been enforced by a proceeding provided by any statutory provision repealed by this Act, then, subject to the provisions of this Act, the claim may be enforced as of right, and without the fiat of His Majesty, by proceedings taken against the Crown for that purpose in accordance with the provisions of this Act.

 

 

2 Liability of the Crown in tort.

(1)Subject to the provisions of this Act, the Crown shall be subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject:—

(a)in respect of torts committed by its servants or agents;

(b)in respect of any breach of those duties which a person owes to his servants or agents at common law by reason of being their employer; and

©in respect of any breach of the duties attaching at common law to the ownership, occupation, possession or control of property:

Provided that no proceedings shall lie against the Crown by virtue of paragraph (a) of this subsection in respect of any act or omission of a servant or agent of the Crown unless the act or omission would apart from the provisions of this Act have given rise to a cause of action in tort against that servant or agent or his estate.

(2)Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers, then, subject to the provisions of this Act, the Crown shall, in respect of a failure to comply with that duty, be subject to all those liabilities in tort (if any) to which it would be so subject if it were a private person of full age and capacity.

(3)Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.

(4)Any enactment which negatives or limits the amount of the liability of any Government department [F1, part of the Scottish Administration] or officer of the Crown in respect of any tort committed by that department [F1, part] or officer shall, in the case of proceedings against the Crown under this section in respect of a tort committed by that department [F1, part] or officer, apply in relation to the Crown as it would have applied in relation to that department [F1, part] or officer if the proceedings against the Crown had been proceedings against that department [F1, part] or officer.

(5)No proceedings shall lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in him, or any responsibilities which he has in connection with the execution of judicial process.

(6)No proceedings shall lie against the Crown by virtue of this section in respect of any act, neglect or default of any officer of the Crown, unless that officer has been directly or indirectly appointed by the Crown and was at the material time paid in respect of his duties as an officer of the Crown wholly out of the Consolidated Fund of the United Kingdom, moneys provided by Parliament [F2the Scottish Consolidated Fund],. . . F3or any other Fund certified by the Treasury for the purposes of this subsection or was at the material time holding an office in respect of which the Treasury certify that the holder thereof would normally be so paid.

 

 

Common Law Torts

 

Fraudulent misrepresentation

 

Causing loss by unlawful means

 

 

Professional negligence claim (against the solicitors)

 

Relevant Protocol: Professional Negligence Pre-Action Protocol

 

Before issuing any proceedings against the solicitors who acted for you, you must comply with the statutory requirements of the above Protocol. You can print off a copy of the same from the Ministry of Justice website.

 

 

OK, I will post again in a series of posts in respect of the foregoing, so as to breakdown each issue applicable to your case which I believe will help you to build your case against the public servants (the constabulary which polices the district where you were arrested) and your case against the solicitors.

 

 

Please bear in mind that this is going to take quite some time as there is a great deal of legal admin involved in undertaking this course to help you and I have numerous on-going commitments and responsibilities to meet.

 

 

Kind regards

 

 

The Mould

[The Mould 784]

Hi ads

 

Further to my recent post on your case.

 

In the first instance you should write a letter to the Home Secretary Rt Hon Theresa May MP and send it to the Home Office (address and email details below), your letter ought to be sent by Royal Mail Special Delivery (email a PDF copy to the email address below).

 

Once this action is underway, I will then help you with the next action, which is to serve a Letter Before Claim on the solicitors on grounds as to professional negligence.

 

In your letter to the Home Office you should state that the publication of your personal information on the Sex Offenders Register is unlawful and you require the same to be removed therefrom with immediate effect.

 

The reasons as to why said publication is unlawful is because the Court of Appeal have quashed the conviction for the alleged sexual offence against you in its entirety and therefore pursuant to our laws the Appeal Court has found, on the evidence, that you are not a sex offender. Include a copy of the transcript of the Handed Down Judgment by the Appeal Court and a copy of the Sealed Order unequivocally confirming your innocence.

 

Therefore, said personal information published constitutes a contravention of all 8 of the data protection Principles as the same has been processed and disclosed unlawfully and the same is wholly factually false, untrue, and is therefore neither accurate nor up to date.

 

The law to which you are subject to has declared that you are not guilty of any sexual offence or sexual assault, and therefore said publication and processing of your personal information contrary to that by the public servants responsible for such action, which they know, intimately, to be completely false, constitutes a contravention of art.7 ECHR as you are being punished thereby without law.

 

Further, the act of processing and publishing information relating exclusively to my private self and which is known by the public servants to be wholly untrue constitutes an act of discrimination against me, which is prohibited and therefore is a contravention thereby of Protocol No. 12 to the Convention for the Protection of Human Rights and Fundamental Freedoms Rome, 4.XI.2000 art.1 General prohibition of discrimination.

 

 

At common law, the said unlawful actions carried out and persisted in by the public servants constitutes fraudulent misrepresentation and the wrongdoing of causing ruinous injury to my economic expectations under the tort causing loss by unlawful means.

 

Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms Strasbourg, 22.XI.1984 art. 3 provides that you are entitled to compensation for the wrongful conviction (now quashed) and you are presently in the process of preparing your case against the public servants on grounds of their said offences committed against you whereby you will be seeking substantial compensation from the Court for the loss caused to you by those public servants to which the Crown is liable in tort.

 

 

 

In respect of the foregoing incontrovertible facts and the documentary evidence served herewith irrefutably proving that I am not a convicted sex offender and that I am not, in fact, a sex offender at all, no public servants, including your Office, holds any right under any law, enactment of Parliament, Common law or Public Policy of the United Kingdom to either publish or process personal information relating to my private person on the Sex Offenders Register and further the aforesaid hold no lawful right to subject me to any Notification Requirements under Part 2 of the Sexual Offenders Act 2003.

 

 

 

Therefore, I respectfully request that you delete any and all of my personal information from the Sex Offenders Register and Discharge any and all Notification Requirements to which I am subject under the 2003 Act with immediate effect.

 

 

In the event of any public servant, including your Office, continuing to act against me outside of the laws we are all subject to, I confirm that I will commence with legal action against the same in order to protect my rights without any further reference to any public servant. Therefore, I hereby put you on notice as to potential litigation on the facts and matters set out herein.

 

 

I sincerely hope that such action will not become necessary.

 

 

Please acknowledge receipt hereof by return and confirm, unequivocally, that the required action will be undertaken by your Office so as to end and prevent any further violations of law by any public servant in respect of the foregoing and my fundamental rights thereunder.

 

 

I look forward to hearing from you shortly.

 

 

All rights as to disclosure hereof are reserved.

 

 

Yours sincerely

 

 

MR ADS

 

 

OK ads, draft your letter and post it back here for perusal and amendments (if any) BEFORE you post it.

 

 

 

Home Office enquiries

If your enquiry is regarding the Home Office then please write to:

Rt Hon Theresa May MP

Home Secretary

2 Marsham Street

London

SW1P 4DF

public.enquiries@homeoffice.gsi.gov.uk

 

 

 

Kind regards

 

 

The Mould

[Lucky7even 1]

Thank you for your reply.

 

I think the only thing I can do is get in touch with the Legal Ombudsman and see how I fair there... The first solicitor did state in there letter they were "Professionally embarrassed" regarding the points I made against them.

 

Unfortunately myself and girlfriend are no longer together as a result of the Social's brashness (and since their interference April) - They've interfered and have not and will not provide an apology "we were doing our job"... as they have interfered people talk - which I know tongues stop gossiping after a while.......

Oh and Social did not inform her I won my appeal they stated "If I was still with her, they would contact her to tell her I won BUT as I am no longer with her there is no need" now where is the bloody logic in that?

 

Dont bother going to the Legal Ombudsman.

 

I went with them over gripes with a firm of solicitors and they sided with the firm saying they did nothing wrong, even though I lost going to court on their advice!!

 

The Legal Ombudsman are a complete joke!! Avoid them at all costs!!

[pmailkeey 1]

The solicitors that represented me for the appeal stated that there was nothing I could do, but I dint believe that this can be the case. Surely there must be something that can be done as I've been properly screwed over

 

Screw your solicitor for letting you down ?

 

I'm in a similar boat - had an unknown person accuse me of staring at their property on more than one occasion - without any evidence whatsoever.

 

Then in another case I was falsely accused of sending a malicious communication - which I haven't but my solicitor agreed with CPS that I had - behind my back!

 

Appealed to Crown with both but same result. Now with CCRC and a 2-year wait !

 

So when they accused me of ill-treating my mother, I totally avoided lawyers - and got the case stopped before it went to trial by forcing the CPS into a corner to produce evidence - which they admitted they didn't have!

 

DON'T TRUST LAWYERS at all - any of them.

[pmailkeey 1]

Sounds like a real nightmare.

 

It's only half a nightmare - his appeal was successful.

 

Mine are still ongoing after failing once.

 

Mags and plod work together.

 

Looks like the death of my mother's going to be another judicial cover up. Coroner's decided 'natural death' prior to inquest!

 

Is suicide by refusing food 'natural' ?

[pmailkeey 1]

I was re-directed to this thread from another thread re resigning Magistrates over Court charges that appeared in this month's email newsletter and read with horror the ordeal you endured.

 

This sort of thing really makes me worry about this country and blatant miscarriages of justice should result in complete and utter exoneration (including financial recompense).

 

I hope you do push ahead with fully clearing your name from all databases.

 

I am a serving Police Officer and feel completely ashamed of the 'service' you received.

 

Good luck with your future.

 

As a serving police officer, how to you feel about investigating corruption in Cumbria Constabulary and the CPS/courts here?

 

My horror story is similar.

Mum's horror story is available here: https://abuseofaudreypaley.wordpress.com/the-abuse

She committed suicide to escape her tormentors - the council and courts.

[pmailkeey 1]

Hi ads

 

...

 

Kind regards

 

 

The Mould

 

That's lengthy.

 

I'll come back to you after I get convictions overturned via CCRC & Court of appeal. That'll be in a couple of years time !