Scumbags and Maggots

Before 11 we dealt with a couple of POCA applications, where the police applied to detain cash that they had seized in suspicious circumstances. What we heard was suspicious in the extreme, with suspects first denying having any cash, then changing their mind, then giving an explanation, then changing that. We granted the orders to detain the money rather than to seize it, as seizure applications will be dealt with in some months\’ time. These proceedings were civil rather than criminal, which meant that we were working on the Balance of Probability, rather than our usual Beyond Reasonable Doubt criteria. A side effect of this is that Legal Aid will not be available, and we often see people who are struggling to understand what is going on.

You can\’t use your own money to hire a lawyer because the police have it. And you can\’t get legal aid to hire a lawyer because it\’s a civil case.

You\’re fucked coming and going, aren\’t you?

5 thoughts on “Scumbags and Maggots”

  1. How the hell does that qualify as a civil case? It’s brought by the police, whose business is criminal cases, and it involves the state taking your money, otherwise known as a fine, which is a criminal punishment. Can the Government just call any type of crime they choose “a civil case” and that makes it so? They could try it with murder, perhaps, then those prosecutions wouldn’t need to bother with any of that burdensome beyond-a-reasonable-doubt crap either. Bloody hell.

  2. A criminal case is one that is punished by a restraint on liberty, and alas the ECHR doesn’t really protect us from civil penalties in lieu of criminal prosecution. It’s a loophole in the convention, and one that the Government is increasingly exploiting. It should be something on the agenda for any new constitution or Bill of Rights.

    Still, we should be thankful a magistrate gets to hear this: in future it’ll be a police officer. The recent City of London Police behaviour shows just how much we can trust them..

  3. “Still, we should be thankful a magistrate gets to hear this…”

    Why…? Is there any instance of them not simply acting as rubber stamp?

  4. “Why…? Is there any instance of them not simply acting as rubber stamp?”

    I don’t think Bystander would agree with the term “rubber stamp”. But in any case, I agree completely with you and Tim: Bystander shouldn’t even be asked to make the judgement in the first place.

  5. You’re fucked coming and going, aren’t you?

    Indeed. The cheap, lousy faggots.

    Sorry. I’ll get my coat…

Leave a Reply

Your email address will not be published. Required fields are marked *