Private Criminal Prosecutions
Chapter Version 1.1 [19MAR2013]
In previous Chapters I’ve tried to present an overview of the situation that leads to the need for Dedicated Non-Compliance with the current system, leading to the need for Lawful Rebellion against it. Looking back on what I’ve said, I realise that I have done nothing more than literally scratch the surface. Nevertheless I think it is time to take a wholehearted plunge into ‘solutions exposure’ as was originally promised, and I will seek to do just that, in this Chapter.
However, just before that plunge, I do need to say at least one more thing. It may be obvious, but there are no ‘Quick Fix solutions’. I need to say that because far too many people just require a solution to one particular aspect (for example a Parking Ticket, Speeding Fine, or some such). They want to be able to dash off a letter, get rid of the inconvenience, and put no more effort into the situation than that. And it doesn’t work that way. There are far too many variables. And, furthermore, ‘the System’ is so utterly and endemically corrupt, ‘The Powers That Be’ don’t even obey their own Rules! Thus absolutely nothing can be guaranteed.
That is not to say that success is impossible. Far from it. But one has to know enough to be able to deal with most (if not all) possibilities of ‘bounce-back’ from ‘the System’. If one is in that position, it is perfectly possible to succeed, often by creating sufficient entanglement, such that those who operate ‘the System’ don’t know whether they are coming or going. I, personally, have done this on many, many occasions, and I’m nothing like the only one to have achieved this, I assure you! (Much of the success relies on the simplest and most obvious of questions, such as: “Are you prepared to swear, on Oath, under penalty of perjury, that your demand is Lawful?”. And it’s such FUN!)
Fundamentally, it is all about Mindset. Your own Mindset, understanding that you are a Sovereign Entity, a Human Being, with a Spirit and a Soul, and not some ROBOT or SLAVE to be pushed around. It also takes an understanding their LIMITED, ROBOTIC, Mindset – whereby the simplest of questions can (a) Almost always cut them down to size (because they’ve NEVER engaged in any ‘depth of thought’), and (b) Cause them to display their limited acumen, gained simply from quoting irrelevances (again, due to the lack of ‘depth of thought’). It comes down to the constant realisation that THEY EXIST, IN THEIR JOBS, TO – SERVE – YOU, AS PUBLIC SERVANTS, AND NOT TO TRY TO ‘MASTER’ YOU, AND TRY TO TELL YOU WHAT YOU CAN – AND CAN’T - DO. You are their MASTER or MISTRESS. They are the SERVANTS. When the Servant tells the Master what to do, the tail is wagging the dog.
And, furthermore, there is an ‘overall solution’, certainly to the gravest of ‘wrongs’ you may suffer. It is called a Private Criminal Prosecution. What does that mean? First of all, it is the prosecution of someone who is accused of committing a crime. That’s the ‘... Criminal Prosecution’ part. The ‘Private’ part means that you initiate the prosecution yourself – as opposed to complaining to the Police, in the (generally faint) hope that the Crown Prosecution Service will initiate the prosecution.
It’s one of the remaining vestiges of The Common Law. Your entitlement to accuse someone whom you feel has ‘done you wrong’, and to commit them to Trial by Jury.
Obviously that’s not something one does lightly. And, I can assure that there are sufficient ‘traps’ to ensure that frivolous attempts will come to nothing. But if the ‘wrong’ (known as a ‘tort’ ... the root of the word ‘torture’, of course), if the tort is real, and you have sufficient evidence to back up your accusations, then you do have a good chance of succeeding.
You must have sufficient evidence. This can be documents, recordings (audio and video), and any other forensic evidence, and any independent first-hand eye-witness accounts, to back up your accusations.
And it can be done. And it is being done, even as this information is being written. It is, however very rare. Most people will complain to the Police, thinking that’s their only route. Or they will try to use Solicitors. And, when they get nowhere, they don’t realise they have the ‘private’, the D-I-Y, route. But the D-I-Y route is open to anyone and everyone and, in my view, should be used far more frequently.
There is insufficient space in this article to detail what one needs to do. I can do nothing but provide a basic overview here. There is a detailed description that can be found on the Internet by clicking here.
Here is an overview:
1. You decide who to prosecute, and why. This must be based on sufficient evidence that would (hopefully) cause a Jury to find your Protagonist “guilty as charged”. I suggest that you should, as far as possible, stick to Common Law charges – and the remainder of this overview assumes that.
2. You prepare the Charge Sheet (known as the Indictments) in accordance with the template that you will find through the URL link, above.
3. You prepare a couple of pages of ‘background’ information for a Judge to read, such as to show that your accusations have some validity and basis.
4. You can either make an appointment with a Magistrates Court, or just walk in on the off-chance. The objective to gain a private Hearing with a Judge in order to discuss your Indictments. The fundamental objective being to convince the Judge that your accusations are real, and to get him or her to sign your Indictments. The Judge may refuse. In this case you try somewhere else. You can try any Magistrates Court in the UK, until you succeed to get the signature you require.
5. Once you have that signature, your Private Prosecution is up and running. There will be a Hearing in the same (usually) Magistrates Court, in order to commit the Accused to Crown Court, and to decide on whether they are granted bail, or to be held in prison on remand. (Since the prisons are nowadays bursting at the seams, the Accused is likely to be granted bail. In point of fact, things are so bad, that bail is nowadays granted for the accusation of murder).
6. There will be a preliminary (Pleas and Case Management) Hearing in a Crown Court. At this point there will be no Jury. The Accused will have to attend, and will be in the Dock. They will invariably have a Barrister defending them. The Barrister will argue to have the case dismissed. The Judge will decide, based on a preliminary examination of your evidence, whether or not there is, indeed, a case to answer, whether or not your evidence is sufficient, and whether the quality of it is suitable for a Jury to hear.
7. If the Judge fails to be convinced in any of the above aspects, the case is likely to be dismissed. At that point you will have succeeded in giving the Accused the nastiest shock of their lives, but that will be as far as it goes.
8. If the Judge decides that a Jury Trial is warranted, then there will be that Trial at a future date. You will be the Prosecutor. You will need to have your case prepared. You will be the one asking all those awkward questions to the Accused when they take the Witness Stand. You may (at any time in this entire process) hand the reins over to a Barrister, but – be careful – only you know what tort you have suffered. Make sure that the Barrister realises that – if he puts foot wrong – you’ll sack him, instantly!
9. The only ‘flaw’, in this method, is the fact that the Crown Prosecution Service may intervene, and take over the prosecution at any time. In cases where they have previously decided not to prosecute, they are likely to ignore all your evidence, and say they are offering no evidence – thereby shutting your case down. This kind of act, on the part of the CPS, is currently (at the time of writing) under Judicial Review in the High Court.