James Colton - Justice Online

English Justice is Injustice

Nemo tenetur prodere seipsum

(‘no one is obliged to accuse himself)

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ALLEGED SEX OFFENCES

It has to be understood that from arrest through to appearing in the Crown Court the system wants the innocent incarcerated for a long time.

You may think that in a civilized country like Britain, would be a country that followed  ‘the rule of law’. Standing up for the weak, and oppressed, and the vulnerable.  Nothing could be further from the truth!

Plea & Case Management Hearing

1. Your legal adviser should instruct a barrister (counsel) to draft the  indictment, a copy of which you should receive and check for accuracy.  The Crown Court must receive the indictment from you within 28 days of  the sending of the case, unless an extension of time has been granted.

2. You should obtain witnesses’ dates to avoid for the next six months.  This information will be needed at the Plea and Trial Preparation  Hearing.

3. Your legal adviser will usually arrange a case conference with  counsel. Counsel will not normally speak directly to witnesses other  than experts and you (see Pre-Trial - Attendance of witnesses). You may be asked to attend the conference

4. Additional evidence may be served on the defence and the court after the case has allocated to the Crown Court for trial. A notice of  additional evidence must accompany it.

5. Your legal adviser must instruct an advocate to appear in the Crown  Court unless s/he is a higher courts advocate and able to present the  case in the Crown Court. In every case, approval must first be obtained  from Legal Adviser’s Office for a particular advocate to act in the  Crown Court or above.

6. Where a defendant indicates that s/he will plead guilty to some  charges if others are withdrawn.

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The right to bail. Here

How to instruct your lawyer on your right to bail.

Abuse of process (historic).Here and Here

How to instruct your lawyer on abuse of process.

 

 

 

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Defence Statement

Trial by ordeal preferred to stitch-up trials UK

Helping men falsely accused of a sex offence

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Legislation published under

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The following cases are from 1968 and 2004. They highlight a defendants rights when accused of a sexual offence.

*150 R. v Neville Benson Henry

R. v Jeffrey Patrick Manning
Court of Appeal (Criminal Division)

9 December 1968

(1969) 53 Cr. App. R. 150

Lord Justice Salmon, Lord Justice Fenton Atkinson and Mr. Justice Milmo

1968 Dec. 69

Evidence—Corroboration—Sexual Offence—Direction to Jury.

On a charge of a sexual offence against a woman or girl, the judge should direct the jury in clear and simple language that it is dangerous to convict on the uncorroborated evidence of the complainant, because human experience in the courts has shown that women and girls, for all sorts of reasons and sometimes for no reason at all, tell a false story which is very easy to fabricate, but extremely difficult to refute. He should go on to tell them that, bearing that warning in mind, they have to look at the particular facts of the particular case and if, having given full weight to the warning, they come to the conclusion that the woman or girl without any real doubt is speaking the truth, the fact that there is no corroboration does not matter and they are entitled to convict. See full judgment here

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1. The point of law of general public importance certified by the  Court of Appeal (Criminal Division) under section 33(2) of the Criminal  Appeal Act 1968 in this case is:

    "Whether it is an abuse of process for the Crown to prosecute a charge of indecent assault under section 14(1) of the Sexual Offences Act 1956 in circumstances where the conduct upon which that charge is  based is an act of unlawful sexual intercourse with a girl under the age of 16 in respect of which no prosecution may be commenced under section 6(1) of the 1956 Act by virtue of section 37(2) of, and Schedule 2 to,  the 1956 Act".

 

Regina v J

"It is impermissible for the Crown to prosecute a charge of indecent assault under section 14(1) of the 1956 Act in circumstances where the conduct upon which that charge is based is only an act of unlawful sexual intercourse with a girl under the age of 16 in respect of which no prosecution might be commenced under section 6(1) of the Act by virtue of section 37(2) of and Schedule 2 to that Act."

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