Recent content by samsmoot

For a Section 18 offence? Don't think it's punishable with imprisonment - but please feel free to correct me if I'm wrong. I'll gladly stop being a 'troll' and a 'barrack room lawyer' so if we'd all like to end it here, bar any novel suggestions, we can. I'm easy.

Thanks for not being judgemental. You are correct that such a technical defence could form a defence - and a complete one at that. Not in this case though. You are also correct in saying I have no real defence to any allegations of failing to pay a fare - but do have to object when I am...

You are all wrong - failure to pay a fare is a different offence to avoiding a fare. A conviction for one is recordable but not for the other. Failing to pay a fare is the charge, not avoiding paying it.

I have dealt with some civil ones of those - can often be very arrogant and quite ignorant, in my experience. It was a sheer pleasure seeing a District Judge bring a couple of them near to tears - as was, in another case, getting a judgement after me telling them they'd pay every last penny when...

Then I suggest you lobby your MP to push for a change in the law so that this open door might be closed. Perhaps some clause in the criminal evidence rules such as "All evidence provided by any train company shall be deemed to be accurate and true and shall not be subject to challenge by any...

Please find below the allegations of false statements being made which were contained in my letter. It is obvious - to me anyway, that once the inconsistencies were pointed out it would have been wrong to proceed without getting them corrected. Otherwise the witnesses would have had to explain...

Is there any need? As I understood it a fresh hearing would needed to have been arranged, taking into account the attendance of witnesses. And I would have expected by now to have had some paperwork back if it was done in my absence. I don't expect to hear any more, but know I might. As for...

Disappointed are you? Why? Because you relish other people's misery? Because your moral outrage should take precedence over the proper application of criminal procedure? You are one of them and don't like your buddies being told what's what? Again, it wasn't just the non-signing at issue -...

I appreciate the suggestion but having recently watched a solicitor in action in a Magistrates' Court I need no convincing of where their loyalties lie or how little time and effort they expend in legal aid cases, if I could get legal aid, which I can't. I'd rather do it myself and at least...

Not bitterness - it's a defensive tactic. Yes, I do feel aggrieved that the whole truth has not being told - why wouldn't I? --- old post above --- --- new post below --- As stated, not really. What has prevented it going ahead, to my mind, is that in such a criminal process the truth is...

'Hysterical pronouncements about alleged offences...' - if that's how you would like to spin it - sometimes gets results. As in this instance, apparently.

It may make no difference to the verdict and I am under no illusions - if it did go to court I would likely be found guilty. The difference made by the supplying of false witness statements is that they have also committed offences for which prosecutions can, and would, ensue. --- old post...

Can't remember the exact details but the hearing on the due date was to be rearranged if I wished to defend it and witnesses were required to attend, I think. Definitely far from assuming it has gone away. If the Summons is reissued I will deal with it on its own merits and carry through with...

It's not just the one factual inaccuracy though - they also wrongly alleged that no response or statement in mitigation had been received, amongst other things. Two witnesses have made more than one false statement each, which I believe is actionable - as perjury or otherwise.

Nor me on both counts - so I say 'hopefully' it's all over whilst knowing it may not be. The only time limit I am aware of is that they need to start a prosecution within 12 months of the offence (or at least that was the case around 10 years ago from what I remember), which they did.