Sunday, 15 June 2014

Your Rights after Arrest

Your Rights after Arrest

This is taken from the Barton Moss Community page

If you have been arrested on the Moss please read. This thing GMP and the CPS have been doing and getting away with - it looks like we have found the correct and simple legal remedy ...
.... the one where they make an arbitrary arrest about an imagined offence, then press totally baseless charges, and then leave them standing for months, before 'discontinuing' the proceedings a few days before a trial has been scheduled , which effectively leaves the baseless charges 'suspended', either forever , or worse, until it suited them to make use of them somehow.

In this scenario an individual is subjected to the arrest, sometimes with violence, then has ridiculous charges levelled against them, and then never either has the charges withdrawn or is acquitted of the alleged offence ...
.... and the discontinuation of the proceedings is the easy way for the GMP to sweep the mess they have made nicely under the carpet where it can be forgotten about.
The simple Legal remedy is to exercise ones right to have the proceedings 'revived' straight away after the cps have made the decision to 'discontinue' them. (there is a 35 day window from the day on which they 'discontinue' in which one had the right to require proceedings to be revived).

One will only need to instruct Lizar's to take this course of action and they should be ready for it .

The CPS are not used to this being done - it is rare for it to happen .

We are just on a test run with it now, with Lizars having notified the cps today that we are exercising this right. 

Theoretically what should happen now (according to guidelines on the CPS website) is that the trial proceeds (probably in an 'administrative' only manner, i.e. no attendance required) with the cps offering no evidence, and a verdict of 'Not Guilty' being returned by the Judge .

As well as this leading to the charges being definitively concluded and having a neat line drawn under it, a 'stain' will not being left on the Police National Computer, and it should also have the benefit of leaving people much better placed should they then wish to proceed with bringing a case against the police for false arrest etc.etc.

It should clarify over the early part of next week if this is going to go as smoothly as we hope.... i.e. if the cps are going to obediently follow the guidelines on their own website... and offer no evidence at the trial etc...

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