SOCPA 2005 - Bollocks As Usual...
Charity SWeet | 21.12.2008 10:25 | SOCPA | Other Press | Repression | Social Struggles | World
I have been refused authorisation of my "Family 4 Life" SOCPA 2005 Notification (September 11, 2008) of my human rights regarding HRA 1998 and have lodged (Dec.16/2008) N244 - an urgent appeal for an immediate oral hearing application to the Royal High Courts of Justice as a judicial review CO-12068/2008 to order the Commissioner to authorise... what an absolute crock of shit!
STATEMENT OF FACTS RELIED UPON - repeal SOCPA 2005: a gag order on free speech
THE COMMISSIONER MUST AUTHORISE... unless he has mates who are willing to cover up his shit in the high courts.The same jackass refused to authorise my daughter Maranda last year under "Children for Peace". I showed Mark Thomas Maranda's received 'application' form from Charing Cross Police Station and his response was, "They can't do that."
Sorry Mark, and they did it twice - to my daughter last year and to my family this year as I notified the Commissioner of my intent to engage all rights under HRA 1998 for me and my two minor children for the entirety of our lifetime, on English soil and anywhere within the E.E.C. where free public access is granted.
... and now the High Court is ignoring these matters of bollocks and pretending that they didn't know what the decision letter is that they are supposed to be addressing when it was written clearly in my notes for the judge and told directly to the case-worker who also informed the bench. They requested I re-submit my urgent application by Jan.18, 2008 which I did the same day, including the notes for judge as already received... Give me a f*cking break.
I also informed Mark of the conversation I had with Mr. Jules from the CPS, in court and in front of my barrister. Mr. Jules clearly stated that there was no intention to repeal SOCPA on beha;lf of the state and the reality is that THEY ARE GIVING THE POLICE ADDITIONAL ARBITRARY UNFETTERED POWERS - WTF?
SKELETON ARGUMENT
Section A.
STATEMENT OF GROUNDS
ARCHBOLD 2007
1.16-97 Art 7. - No punishment without law 7.(1) nor shall a heavier penalty be imposed than the one that was applicable at the time the offence was committed
2.4-63 Prosecution/investigators contributing to commission of offence ECHR Teixeira de Castro V. Portugal, 28 EHHR 101(post 16-68a) i) It is not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. Such conduct would be entrapment, a misuse of state power, and an abuse of the process of the courts.
3.16-113 Art. 9 – Freedom of Thought, Conscience and Religion 9-1 ... to manifest his religion or belief in worship, teaching, practice and observance 9-2 ... subject to limitations ... necessary in a democratic society in the interests of public safety
4.16-119 Art. 10 – Freedom of Expression ... regardless of frontiers 16-120 "constitutes one of the essential foundations" of e democratic society
5.16-1 European Convention on Human Rights: ... individuals have a right to petition to the European Court of Human Rights ("the Court") under Art. 34 ... applicants must first exhaust ... domestic remedies (Art. 35(1))
6.16-13 Human Rights Act 1998 Interpretation of Convention Rights 2(1) A Court or a tribunal ... in connection with a convention right must a) take into account any judgment, decision, declaration ... of the European |Court of Human Rights
7.16-21 Acts of Public Authorities 6(1) It is unlawful for a public authority to act in a way that is incompatible with a Convention Right
8.16-29 Approach to Construction I) The Convention is "an instrument" designed to maintain and promote the ideals and values of a democratic society "C Kjeldson V. Denmark EHHR 711 at para 53 ... important features in a democratic society ... "rule of law" (Gollder V. UK EHHR 524 at para 34; Klass V. Germany, 2EHHR 214 at para 55
9.16-32 Limitations on Rights ... for the state to show that any restrictions on the right concerned is justified ... exceptions to the rights "must be narrowly interpreted" (Sunday Times V. UK 2EHHR 245 at para 65)
10.16-34 ... the interference must be "necessary in a a democratic society" implies the existence of a "pressing social need" for the interference Sunday Times V. UK ante Handyside V. UK, 1EHHR 737 ... reasonable relationship of proportionality between the means employed and the aim pursued
11.16-36 IV Right Guaranteed A. Right to Life Art. 2(1) Everyone's right to life shall be protected by law
12.16-37 Scope ... steps must be taken to safeguard life (Osman V. UK, 29 EHHR 245) ... include establishment and implementation of an effective system of criminal law: Oneryildiz V. Turkey 2005 4EHHR 20
13.Crime report: 6316920/07 – Scotland Yard War Crimes Unit
14.19-354 Offences under Domestic Law 50(1) "genocide" means an act of genocide as defined in Article 6, "crimes against humanity" Article 7, "War Crimes" Article 8.2
15.International Criminal Court Act 2001 ss 51-57 19-355 51(1) offence against the law in England to commit genocide, crime against humanity or a war crime
16.19-356 Conduct ancillary to genocide Article 25, Statutes of Rome
17.19-359 "Ancillary Offence" 51(1)a) aiding, abetting
18.25-1 High Treason Act 1351 ... be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm ...
19.25-6 Treason Act 1702 s.3 Penalties – life imprisonment
20.18-38 V. Misprision of Treason – failing with due diligence to inform of treasons committed or threatened by others
21.31-77a Freedom of Expression serves a "legitimate purpose" ... "necessary in a democratic society"
22.16-122 Where Art. 10 r are engaged. The justification for any criminal sanction must be "convincingly established in law"Sunday Times V. UK (No. 2) 14EHHR 229. Art. 10(2) affords limited scope for criminal prosecution in relation to political speech or debate on questions of public interest Sener V. Turkey (2003) 37EHHR 34 ... a disproportionate sentence may give rise to a breach of Article 10 Shalka V. Poland (2004) 38EHHR1
23.XIII Blackmail (1) Statute Theft Act 1968 s.21 21-256 unwarranted demand with menaces a: reasonable grounds, b) use of menaces a proper means?
24.21-260 (5) Elements of the offence a) demand (with) b) menaces made c) unwarranted d) with intent to cause loss
25.16-57 Article 6. E Right to a fair trial 6.(2) presumed innocent until proven guilty
26.16-43 Article 5. Right to liberty/security
Criminal Pleadings
27.K-13 Sentencing Guidelines B. Over reaching principles: Seriousness A. Statutory Provision B. Culpability C. Harm D. Assessment of culpability and harm E. Sentencing thresholds
28.K-19 Factors indication higher culpability1.22 a more than usually serious degree of harm
29.K-24 The Custody Threshold ... reserve prison as a punishment for the most serious offences
ARCHBOLD 2007
30.16-139 L. Prohibition of Discrimination Article 14. ... without discrimination on any ground political or other opinion
31.28-5 Perverting the Course of Public Justice 4) concealing the commission of an offence
32.28-5 6) Assisting others to evade arrest ... guilty of attempting to pervert the course of justice R. V. Thomas and Ferguson, 68 CrAppR 275CA
33.34-13 Conspiracy – Knowledge of the law and facts ... they cannot excuse themselves ... owing to their ignorance of the law
34.29-34 Public Order Offences 5) Harassment, Alarm or Distress
Section B.
STATEMENT OF FACTS RELIED UPON
1.Draft joint opinion of the Venice Commission regarding law EU law on conducting meetings, assemblies, rallies and demonstrations in the Republic of Armenia – Strasbourg March 28, 2008
2."Family 4 Life" Socpa 2005 Notification – Sept.9, 2008 letter to sir Ian Blair/Chief Inspector Wheeler Jan 25, 2008, including letter to Chief Inspector Wheeler Nov. 3, 2007, letter to Jacqui Smith – home Secretary of the State Jan. 17, 2008 and 2 page photocopy of DU card issued to all military exposed to uranium
3.a) Reciept from Charing Cross police Station of Draft SOCPA 2005 notification – Sept. 5, 2008
b) Proof of postage of Draft Notification – Sept 11, 2008
4."Children For Peace" application for demonstration – Oct. 13 2007
5.a) Unsigned letter of authorisation "Artists4 Peace" - Oct. 23, 2007
b) Signed letter of authorisation "Artists 4 Peace" - Oct. 24, 2007
c) response letter to Sir Ian Blair and DS Peter Newman – Nov. 3, 2007
d) "Children 4 Peace" failure to authorise letter – Oct. 30, 2007
6.a) Summons issued by DJ Evans out of date with "NO INFORMANT RECORD" - case dropped when challenged: offence – 08.04.07, information laid – 28.09.07, summons issued 29.11.07
b) Summons simultaneously issued by DJ Evans out of date – offence – 08.06.07, information laid – 28.09.07, summons issued 29.11.07; case also dropped only after wasting vast sums from the tax-payers purse
7.a) Letter from CPS stating "owing to changes in SOCPA legislation the unauthorised demonstration offences cannot be proceeded with – Jan 08, 2008 (they still pursued two cases against myself Oct. 30, 2006 and June 8, 2007)
b) Letter from solicitor regarding above case and outcome of appeal at Southwark Crown Court re: Oct 30, 2006 SOCPA 2005 Sec 143 conviction where the judge summed up that there was no real crime committed and therefore gave me an absolute discharge, fines and court fees quashed as SOCPA 2005 sec 132-138 offences DO NOT meet the criminal threshold – Dec 4, 2008
c) Letter from solicitor to CPS at COWMC – Nov 24, 2008
d) Letter from solicitor to COWMC – Nov 24, 2008
8.Picture from day of offence – Oct 30, 2006
9.FINAL/FURTHER STEPS NOTICE of fines under appeal re: Oct. 30, 2006 – Nov. 24, 2007
*****************DECISION LETTER AND FOCUS OF JUDICIAL REVIEW*****************
10.Threat to issue an arrest warrant re: May 01, 2006 public order ticket I refused to accept as I was part of Mr. Brian W. haw's exempt demonstration on the day and reasonably assume that the phrase "Bollocks to Blair" not to be a P.O. Sec. 5 offence – Dec. 4, 2008
*****************DECISION LETTER AND FOCUS OF JUDICIAL REVIEW*****************
11.Picture of offence – May 1, 2006
12.Email to IPCC re: May 1, 2006 assault by Metropolitan Police causing grievous bodily harm including selected photographs from the day – March 12, 2008
13.a) Notification of Complaint against Police – Mr. Brian W. Haw – May 01, 2006 including refused statement of complaint re May 5, 2006
b) Witness Statement against police – Mr. Peter Tajasque – June 08, 2007
14.IPCC cover up of events of May 1, 2006 – April 11, 2008
15.Judicial Review Claim Form CO/2550/2008 by Mr. Brian W. Haw re prosecution of Mr. Haw for police brutality – Sept. 13, 2007
16.Judicial Review Claim Form CO/8080/2007 by Mrs. Barbara Grace Tucker re SOCPA 2005 sec 132-138 being an unlawful interference referencing HRA 1998 – Sept. 13, 2007
17.Custody record front sheet re P.O. Sec. 5 offence of saying"Bollocks to Blair" - April 10, 2008
18.Witness Statements of Metropolitan Police re April 10, 2008
19.Papertrail of CPS wasting vast sums from the tax-payers purse re April 10, 2008 offence of BOLLOCKS
20.Statement by Mrs. Charity Sweet re April 10, 2008 – April 17, 2008
21.Statement by Mrs. Charity Sweet re April 10, 2008 – August 21, 2008
22.Statement by Mr. Albert Burgess re April 10, 2008 – Aug. 21, 2008
23.Letter from solicitor re April 10, 2008 – Sept. 3, 2008
24.Guardian Article re violations of international and domestic law by Lord Bingham, retired senior law Lord – Nov 18, 2008
25.a) Penalty notice re May 1, 2006 issued July 14, 2007
b) Letter to fines officer – Oct. 10, 2007
c) My final notice to Stratford Magistrates' Courts re May 1, 2006 fine – Nov 11, 2008
26.War law
THE COMMISSIONER MUST AUTHORISE... unless he has mates who are willing to cover up his shit in the high courts.The same jackass refused to authorise my daughter Maranda last year under "Children for Peace". I showed Mark Thomas Maranda's received 'application' form from Charing Cross Police Station and his response was, "They can't do that."
Sorry Mark, and they did it twice - to my daughter last year and to my family this year as I notified the Commissioner of my intent to engage all rights under HRA 1998 for me and my two minor children for the entirety of our lifetime, on English soil and anywhere within the E.E.C. where free public access is granted.
... and now the High Court is ignoring these matters of bollocks and pretending that they didn't know what the decision letter is that they are supposed to be addressing when it was written clearly in my notes for the judge and told directly to the case-worker who also informed the bench. They requested I re-submit my urgent application by Jan.18, 2008 which I did the same day, including the notes for judge as already received... Give me a f*cking break.
I also informed Mark of the conversation I had with Mr. Jules from the CPS, in court and in front of my barrister. Mr. Jules clearly stated that there was no intention to repeal SOCPA on beha;lf of the state and the reality is that THEY ARE GIVING THE POLICE ADDITIONAL ARBITRARY UNFETTERED POWERS - WTF?
SKELETON ARGUMENT
Section A.
STATEMENT OF GROUNDS
ARCHBOLD 2007
1.16-97 Art 7. - No punishment without law 7.(1) nor shall a heavier penalty be imposed than the one that was applicable at the time the offence was committed
2.4-63 Prosecution/investigators contributing to commission of offence ECHR Teixeira de Castro V. Portugal, 28 EHHR 101(post 16-68a) i) It is not acceptable that the state through its agents should lure its citizens into committing acts forbidden by the law and then seek to prosecute them for doing so. Such conduct would be entrapment, a misuse of state power, and an abuse of the process of the courts.
3.16-113 Art. 9 – Freedom of Thought, Conscience and Religion 9-1 ... to manifest his religion or belief in worship, teaching, practice and observance 9-2 ... subject to limitations ... necessary in a democratic society in the interests of public safety
4.16-119 Art. 10 – Freedom of Expression ... regardless of frontiers 16-120 "constitutes one of the essential foundations" of e democratic society
5.16-1 European Convention on Human Rights: ... individuals have a right to petition to the European Court of Human Rights ("the Court") under Art. 34 ... applicants must first exhaust ... domestic remedies (Art. 35(1))
6.16-13 Human Rights Act 1998 Interpretation of Convention Rights 2(1) A Court or a tribunal ... in connection with a convention right must a) take into account any judgment, decision, declaration ... of the European |Court of Human Rights
7.16-21 Acts of Public Authorities 6(1) It is unlawful for a public authority to act in a way that is incompatible with a Convention Right
8.16-29 Approach to Construction I) The Convention is "an instrument" designed to maintain and promote the ideals and values of a democratic society "C Kjeldson V. Denmark EHHR 711 at para 53 ... important features in a democratic society ... "rule of law" (Gollder V. UK EHHR 524 at para 34; Klass V. Germany, 2EHHR 214 at para 55
9.16-32 Limitations on Rights ... for the state to show that any restrictions on the right concerned is justified ... exceptions to the rights "must be narrowly interpreted" (Sunday Times V. UK 2EHHR 245 at para 65)
10.16-34 ... the interference must be "necessary in a a democratic society" implies the existence of a "pressing social need" for the interference Sunday Times V. UK ante Handyside V. UK, 1EHHR 737 ... reasonable relationship of proportionality between the means employed and the aim pursued
11.16-36 IV Right Guaranteed A. Right to Life Art. 2(1) Everyone's right to life shall be protected by law
12.16-37 Scope ... steps must be taken to safeguard life (Osman V. UK, 29 EHHR 245) ... include establishment and implementation of an effective system of criminal law: Oneryildiz V. Turkey 2005 4EHHR 20
13.Crime report: 6316920/07 – Scotland Yard War Crimes Unit
14.19-354 Offences under Domestic Law 50(1) "genocide" means an act of genocide as defined in Article 6, "crimes against humanity" Article 7, "War Crimes" Article 8.2
15.International Criminal Court Act 2001 ss 51-57 19-355 51(1) offence against the law in England to commit genocide, crime against humanity or a war crime
16.19-356 Conduct ancillary to genocide Article 25, Statutes of Rome
17.19-359 "Ancillary Offence" 51(1)a) aiding, abetting
18.25-1 High Treason Act 1351 ... be adherent to the King's enemies in his realm, giving to them aid and comfort in the realm ...
19.25-6 Treason Act 1702 s.3 Penalties – life imprisonment
20.18-38 V. Misprision of Treason – failing with due diligence to inform of treasons committed or threatened by others
21.31-77a Freedom of Expression serves a "legitimate purpose" ... "necessary in a democratic society"
22.16-122 Where Art. 10 r are engaged. The justification for any criminal sanction must be "convincingly established in law"Sunday Times V. UK (No. 2) 14EHHR 229. Art. 10(2) affords limited scope for criminal prosecution in relation to political speech or debate on questions of public interest Sener V. Turkey (2003) 37EHHR 34 ... a disproportionate sentence may give rise to a breach of Article 10 Shalka V. Poland (2004) 38EHHR1
23.XIII Blackmail (1) Statute Theft Act 1968 s.21 21-256 unwarranted demand with menaces a: reasonable grounds, b) use of menaces a proper means?
24.21-260 (5) Elements of the offence a) demand (with) b) menaces made c) unwarranted d) with intent to cause loss
25.16-57 Article 6. E Right to a fair trial 6.(2) presumed innocent until proven guilty
26.16-43 Article 5. Right to liberty/security
Criminal Pleadings
27.K-13 Sentencing Guidelines B. Over reaching principles: Seriousness A. Statutory Provision B. Culpability C. Harm D. Assessment of culpability and harm E. Sentencing thresholds
28.K-19 Factors indication higher culpability1.22 a more than usually serious degree of harm
29.K-24 The Custody Threshold ... reserve prison as a punishment for the most serious offences
ARCHBOLD 2007
30.16-139 L. Prohibition of Discrimination Article 14. ... without discrimination on any ground political or other opinion
31.28-5 Perverting the Course of Public Justice 4) concealing the commission of an offence
32.28-5 6) Assisting others to evade arrest ... guilty of attempting to pervert the course of justice R. V. Thomas and Ferguson, 68 CrAppR 275CA
33.34-13 Conspiracy – Knowledge of the law and facts ... they cannot excuse themselves ... owing to their ignorance of the law
34.29-34 Public Order Offences 5) Harassment, Alarm or Distress
Section B.
STATEMENT OF FACTS RELIED UPON
1.Draft joint opinion of the Venice Commission regarding law EU law on conducting meetings, assemblies, rallies and demonstrations in the Republic of Armenia – Strasbourg March 28, 2008
2."Family 4 Life" Socpa 2005 Notification – Sept.9, 2008 letter to sir Ian Blair/Chief Inspector Wheeler Jan 25, 2008, including letter to Chief Inspector Wheeler Nov. 3, 2007, letter to Jacqui Smith – home Secretary of the State Jan. 17, 2008 and 2 page photocopy of DU card issued to all military exposed to uranium
3.a) Reciept from Charing Cross police Station of Draft SOCPA 2005 notification – Sept. 5, 2008
b) Proof of postage of Draft Notification – Sept 11, 2008
4."Children For Peace" application for demonstration – Oct. 13 2007
5.a) Unsigned letter of authorisation "Artists4 Peace" - Oct. 23, 2007
b) Signed letter of authorisation "Artists 4 Peace" - Oct. 24, 2007
c) response letter to Sir Ian Blair and DS Peter Newman – Nov. 3, 2007
d) "Children 4 Peace" failure to authorise letter – Oct. 30, 2007
6.a) Summons issued by DJ Evans out of date with "NO INFORMANT RECORD" - case dropped when challenged: offence – 08.04.07, information laid – 28.09.07, summons issued 29.11.07
b) Summons simultaneously issued by DJ Evans out of date – offence – 08.06.07, information laid – 28.09.07, summons issued 29.11.07; case also dropped only after wasting vast sums from the tax-payers purse
7.a) Letter from CPS stating "owing to changes in SOCPA legislation the unauthorised demonstration offences cannot be proceeded with – Jan 08, 2008 (they still pursued two cases against myself Oct. 30, 2006 and June 8, 2007)
b) Letter from solicitor regarding above case and outcome of appeal at Southwark Crown Court re: Oct 30, 2006 SOCPA 2005 Sec 143 conviction where the judge summed up that there was no real crime committed and therefore gave me an absolute discharge, fines and court fees quashed as SOCPA 2005 sec 132-138 offences DO NOT meet the criminal threshold – Dec 4, 2008
c) Letter from solicitor to CPS at COWMC – Nov 24, 2008
d) Letter from solicitor to COWMC – Nov 24, 2008
8.Picture from day of offence – Oct 30, 2006
9.FINAL/FURTHER STEPS NOTICE of fines under appeal re: Oct. 30, 2006 – Nov. 24, 2007
*****************DECISION LETTER AND FOCUS OF JUDICIAL REVIEW*****************
10.Threat to issue an arrest warrant re: May 01, 2006 public order ticket I refused to accept as I was part of Mr. Brian W. haw's exempt demonstration on the day and reasonably assume that the phrase "Bollocks to Blair" not to be a P.O. Sec. 5 offence – Dec. 4, 2008
*****************DECISION LETTER AND FOCUS OF JUDICIAL REVIEW*****************
11.Picture of offence – May 1, 2006
12.Email to IPCC re: May 1, 2006 assault by Metropolitan Police causing grievous bodily harm including selected photographs from the day – March 12, 2008
13.a) Notification of Complaint against Police – Mr. Brian W. Haw – May 01, 2006 including refused statement of complaint re May 5, 2006
b) Witness Statement against police – Mr. Peter Tajasque – June 08, 2007
14.IPCC cover up of events of May 1, 2006 – April 11, 2008
15.Judicial Review Claim Form CO/2550/2008 by Mr. Brian W. Haw re prosecution of Mr. Haw for police brutality – Sept. 13, 2007
16.Judicial Review Claim Form CO/8080/2007 by Mrs. Barbara Grace Tucker re SOCPA 2005 sec 132-138 being an unlawful interference referencing HRA 1998 – Sept. 13, 2007
17.Custody record front sheet re P.O. Sec. 5 offence of saying"Bollocks to Blair" - April 10, 2008
18.Witness Statements of Metropolitan Police re April 10, 2008
19.Papertrail of CPS wasting vast sums from the tax-payers purse re April 10, 2008 offence of BOLLOCKS
20.Statement by Mrs. Charity Sweet re April 10, 2008 – April 17, 2008
21.Statement by Mrs. Charity Sweet re April 10, 2008 – August 21, 2008
22.Statement by Mr. Albert Burgess re April 10, 2008 – Aug. 21, 2008
23.Letter from solicitor re April 10, 2008 – Sept. 3, 2008
24.Guardian Article re violations of international and domestic law by Lord Bingham, retired senior law Lord – Nov 18, 2008
25.a) Penalty notice re May 1, 2006 issued July 14, 2007
b) Letter to fines officer – Oct. 10, 2007
c) My final notice to Stratford Magistrates' Courts re May 1, 2006 fine – Nov 11, 2008
26.War law
Charity SWeet
e-mail:
charitysweet@hotmail.co.uk
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