http://www.j-n-v.org/
http://www.voices.netuxo.co.uk/
HOME | IMC UK | Editorial Guidelines | Mission Statement | About Us | Contact | Help | Support Us
Patrick | 18.05.2007 11:25 | SOCPA | London | South Coast
Patrick
Homepage:
http://www.j-n-v.org
18.05.2007 23:36
rikki
e-mail:
rikkiindymedia@googlemail.com
Birmingham
Cambridge
Liverpool
London
Oxford
Sheffield
South Coast
Wales
World
Other UK IMCs
Bristol/South West
London
Northern Indymedia
Scotland
COP15 Climate Summit 2009
G20 London Summit
Guantánamo
Indymedia Server Seizure
University Occupations for Gaza
2008 Days Of Action For Autonomous Spaces
Campaign against Carmel-Agrexco
Climate Camp 2008
G8 Japan 2008
SHAC
Smash EDO
Stop Sequani Animal Testing
Stop the BNP's Red White and Blue festival
Climate Camp 2007
DSEi 2007
G8 Germany 2007
Mayday 2007
No Border Camp 2007
April 2006 No Borders Days of Action
Art and Activism Caravan 2006
Climate Camp 2006
Faslane
French CPE uprising 2006
G8 Russia 2006
Lebanon War 2006
March 18 Anti War Protest
Mayday 2006
Oaxaca Uprising
Refugee Week 2006
Rossport Solidarity
SOCPA
Transnational Day of Action Against Migration Controls
WSF 2006
Bush 2003
DSEi 2003
Evian G8
May Day 2003
No War F15
Saloniki Prisoner Support
Thessaloniki EU
WSIS 2003
SchNEWS
PorkBolter
Rough Music
Cowley Club
Smash EDO
Brighton-Tubas Friendship and Solidarity Group
Brighton activist
Portsmouth No2ID
Greenpeace Hampshire
Camp Titnore
Protect Our Woodland!
Stop Cissbury Sell-Off!
Southern Animal Rights Coalition
Violence Free Science
www.indymedia.org
Projects
print
radio
satellite tv
video
Africa
Europe
antwerpen
armenia
athens
austria
barcelona
belarus
belgium
belgrade
brussels
bulgaria
calabria
croatia
cyprus
emilia-romagna
estrecho / madiaq
galiza
germany
grenoble
hungary
ireland
istanbul
italy
la plana
liege
liguria
lille
linksunten
lombardia
madrid
malta
marseille
nantes
napoli
netherlands
northern england
nottingham imc
paris/île-de-france
patras
piemonte
poland
portugal
roma
romania
russia
sardegna
scotland
sverige
switzerland
torun
toscana
ukraine
united kingdom
valencia
Latin America
argentina
bolivia
chiapas
chile
chile sur
cmi brasil
cmi sucre
colombia
ecuador
mexico
peru
puerto rico
qollasuyu
rosario
santiago
tijuana
uruguay
valparaiso
venezuela
Oceania
aotearoa
brisbane
burma
darwin
jakarta
manila
melbourne
perth
qc
sydney
South Asia
india
United States
arizona
arkansas
asheville
atlanta
Austin
binghamton
boston
buffalo
chicago
cleveland
colorado
columbus
dc
hawaii
houston
hudson mohawk
kansas city
la
madison
maine
miami
michigan
milwaukee
minneapolis/st. paul
new hampshire
new jersey
new mexico
new orleans
north carolina
north texas
nyc
oklahoma
philadelphia
pittsburgh
portland
richmond
rochester
rogue valley
saint louis
san diego
san francisco
san francisco bay area
santa barbara
santa cruz, ca
sarasota
seattle
tampa bay
united states
urbana-champaign
vermont
western mass
worcester
West Asia
Armenia
Beirut
Israel
Palestine
Topics
biotech
Process
fbi/legal updates
mailing lists
process & imc docs
tech
Comments
Hide the following 11 comments
SOCPA sentences
18.05.2007 16:12
http://www.opsi.gov.uk/ACTS/acts2005/50015--n.htm#175
streetlawyer
is this right?
18.05.2007 16:49
me
SOCPA 2005 Offences
18.05.2007 17:58
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#132
the maximum penulty for which is £2,500 fine (a level 4 fine on the standard scale Criminal Justice Act 1982 s.37, and can be amended when required) plus not longer than 51 weeks in side.
this is set out in section 136 of SOCPA - http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#136
http://en.wikipedia.org/wiki/Standard_scale
streetlawyer, how did you mis-understand the act?
tipobarra!
Re: SOCPA 2005 Offences
18.05.2007 22:17
I didn't, as you would know if you had followed the link I included.
SOCPA s175(3):
--------------------------------------------------------
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows-
[...]
section 136(1) - 3 months
section 136(3)(a) - 3 months
section 136(4) - 3 months
--------------------------------------------------------
http://www.opsi.gov.uk/ACTS/acts2005/50015--n.htm#175
streetlawyer
Re: Re: SOCPA 2005 Offences
19.05.2007 09:20
rikki - I don't think it is point scoring. i think it is about the clarification of one a point regarding s. 132 of SCOPA.
i believe the terms of conviction come under s. 136
(1) A person guilty of an offence under section 132(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, to a fine not exceeding level 4 on the standard scale, or to both.
http://www.opsi.gov.uk/acts/acts2005/50015--l.htm#136
streetlawyer thinks the terms of conviction come under s. 175
(3) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows-
http://www.opsi.gov.uk/ACTS/acts2005/50015--n.htm#175
clearly most people think, or it seams to me, that most people believe it is 51 weeks (when it comes to imprisonment), but it clearly needs to be worked out if it is 51 weeks or 3 months.
tipobarra!
Evidence
19.05.2007 11:32
Brian B
Were they "organisers"?
19.05.2007 12:39
Patrick
organisers
19.05.2007 19:29
both were absolutely straightforward with the police telling them they were co-organisers along with several others who were not arrested at first. some have since been additionally charged.
my comment about point-scoring was really about the tone of street lawyers response, but it's not meant as a big deal.
so we're still basically confused about the max sentence?
anyone else got an opinion/answer?
rikki
Re: SOCPA 2005 Offences
19.05.2007 21:18
s132(1)(a) SOCPA2005 = "Any person who - (a) organises a demonstration in a public place in the designated area... is guilty of an offence if, when the demonstration starts, authorisation for the demonstration has not been given..." Thus creates the offence of organising [others to take part in democracy - personal comment].
s136(1) SOCPA2005 = "A person guilty of an offence under section 132(1)(a) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, ..." Thus creating the penalty for the offence.
Now comes step 1 of the difficulties - Commencement!
s175(3) SOCPA2005 = "In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences), the references in the following provisions of this Act to periods of imprisonment of 51 weeks are to be read as references to the periods of imprisonment specified in respect of those provisions as follows - ... Section 136(1) - 3 months ..." Thus creating a transitionary period where the penalty is only 3 months (NOT 51 weeks).
Therefore until the commencement of s281(5) Criminal Justice Act 2003, the maximum penalty is ONLY 3 months [Dunno about you, but I don't think you should have 1 day, let alone ANY longer period!]
Now step 2 of the difficulties - this is where BlairLaw tries to confuse you to hell [and back]
s281(5) CJA2003 is itself not relevant, however the section of the CJA2003 that allows commencement of s281 is. And 'lo and behold', keeping the NewTradition of BlairLaw obscuring everything behind a smoke-screen...
s336(3) CJA2003 = "The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order." Thereby requiring a 'commencement order' [clear as mud so far!?]
The story so far.... A commencement order by the Secretary of State to commence s281(5) CJA2003 is required to commence the 51 week penalty for s136(1) SOCPA2005....
So far, to date, the commencement orders for CJA2003 have not included s281(5). This can be seen from the latest commencement order, no. 8 (amendment) -
http://www.opsi.gov.uk/si/si2007/20070391.htm
At the end of this is a table that shows what sections have been commenced by order, s281 CJA2003 hasn't so far.
Summary:
Keep an eye out for 'The Criminal Justice Act 2003 (Commencement No. ? ...) Order 20??' which commences s281(5) CJA2003.
When s281(5) commences, any, s132(1)(a) SOCPA2005, offence COMMITTED on or after this date will be subject to 51 weeks. Until then it is 3 months.
Well done, streetlawyer for noticing that, I have been looking confidently at SOCPA 132 and didn't know that one. BlairLaw beats all [well, reason and common sense anyway].
SteveJ
Still appalled.
SteveJ
e-mail: stevej_appalled@yahoo.co.uk
Homepage: http://www.peopleincommon.org / www.parliament-square.org.uk
thanks to stevej
19.05.2007 23:00
rikki
offences
24.05.2007 22:40
thanks for explaining that!
tipobarra!