A big thanks to our friends over at http://www.thelandofthefree.co.uk for this one.

Councils and The CSA are among the corporations who issue their own summonses, as we reported in our artlcle “How to not get summonsed for non payment of council tax”. Here is our recent article and the rulings from Archbold which can be used in court.

Council Tax Summonses

Our article about The Birkenhead Lawful Rebellion at a council tax bankruptcy hearing has once again highlighted the need to get the important points accross.

As we reported over a year ago the summonses sent out for council tax are printed by the council and the court is hired for the liability “hearings”. This is a crime under the Administration of justice Act and also fraud and perjury if these summonses bear a crown seal, which all we have seen seem to do.

The court is hired by the council for the hearings and then the councils send out “Notifications” of a liability order , again printed by themselves. This means of course that no liability is recorded by the court. This article from way back in 2009 seems to be a damage limitation exercise stating that on some occasions the summonses were not properly issued. This is a result of what a few pople were doing challenging their local councils on issuing their own summonses.

No court is going to take on the issue that all summonses issued by councils are invalid, defective and fraudulent. There must however be one judge out there who will make a legitimate ruling on this. As the country is bankrupt , does it matter? Judges have recently been forced into accepting remedies which previously they would not have dreamed the public would find out about!

Here is the link from The Ministry of Justice website

http://www.justice.gov.uk/news/announcement221009a.htm

Here are important rulings which can be used.

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When the (QUANGO) CSA or a Council issues its own pre stamped summons (criminal /quasi criminal)

Gateshead Justices,ex p.Tesco Stores Ltd [1981] Q.B.470,DC.

a summons must be issued in accordance with Justice Clerks Rules 2005 (S.I.2005 No.545) The granting of summonses is more than a rubber stamping exercise. The person issuing the summons must be authorised to do so and must scrutinise the information to satisfy themselves that the requirements are met and a summons properly granted. See Tesco Stores Ltd [1981] Q.B.470,DC.

ARCHBOLD 4-77 PAGE 177 Magistrates criminal practice.

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When the (QUANGO) CSA or the council won’t give you any information about your court case (Disclosure)

Jespers v Belgium

Jespers v Belgium, ante and in the “equality of arms” principle imposes on prosecuting and investigating authorities an obligation to disclose any material in their possession, or to which they could gain access, which may assist the accused in exonerating himself or in obtaining a reduction in sentence. This principle extends to material which might undermine the credibility of a prosecution witness (ibid.,para.58) Non disclosure of evidence relevant to credibility may also raise an issue under Article 6(3)(d: Edwards v UK., 15 E.H.R.R Op. Comm., para 50)

The prosecutions duty of disclosure: Archbold 16-83, page 1755 criminal pleading evidence & Practice.

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When the judge won’t tell you his name or the court won’t tell you the magistrates name.

‘The Anonymous JP’.” ‘Regina v Felixstowe’

“The Court is required to provide this information to the parties in the case, and any others having an interest in the case (i.e. witnesses etc.) by virtue of the judgement in the case ‘Regina v Felixstowe’ justices ex parte Leigh and another, Queens bench division c 1984/5. Held by Lord Justice Watson that :- There is a right to know who sits in judgement, and denial of that right is unlawful, unwarranted and inimical to the proper administration of justice, further that there is no such person known to Law as ‘the anonymous JP’.”

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Again – fantastic information from our friends at:

http://www.thelandofthefree.co.uk