Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Police using procedure to punish.

Judicial review, activities of government, local and national etc.

Re: Police using procedure to punish.

Postby shootist » Tue Mar 15, 2016 3:13 pm

atticus wrote:The time to challenge this was when the decision was made to withdraw the licence. The OP's friend could have sought a judicial review of the initial decision at that time. He is now very much out of time.


He's not my friend, just someone I know, distantly. I have been told that the cost of a JR is likely to be a minimum £3,000 with no chance of getting any cash back if it succeeds. I may have been misinformed. Equally, the person in question could have appealed the decision not to allow the issue of a firearms certificate, for which there is a process in place that may be cheaper. The big 'but' is that he would likely have been prosecuted instead and his challenging the police would have almost certainly resulted in him being refused a firearms certificate for good. If he had been prosecuted to begin with then the police animosity would not be so aroused and he would be much more likely to have got his FAC back, possibly quicker than he did, if indeed, he would have lost it in the first place.

But none of the above is relevant to the main issue, which is, should the police be allowed to circumvent the rules of law in such a fashion? My view is that if they felt that the person's omission was serious enough to warrant action then there is a straightforward offence to charge him with and let the courts deal with it. If it was not so serious as to warrant court action then why take such severe action, which is outside their authority anyway? It would be more understandable if they just refused his licence full stop. At least that makes some sort of sense. When the police have a good case to make for a prosecution but they duck it and take an alternative and unfair action instead then anyone who supports the rule of law should be asking questions.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 2973
Joined: Sat Aug 10, 2013 9:40 pm

Re: Police using procedure to punish.

Postby shootist » Tue Mar 15, 2016 3:15 pm

Voldemort wrote:
shootist wrote: Suppose you got caught speeding (a more dangerous offence) and instead of prosecuting you a police officer said he was going to take your car away for a year and wasn't going to allow you to buy another one.


If a driver is caught speeding (or other serious offence), their licence can be revoked (often is), and will need to re-apply following whatever period they were banned. The removal of the licence may impact the owners ability to keep the vehicle unless they can find a sympathetic insurance company.


Correct, of course. So how would you feel if the police avoided all this court nonsense and just removed your car and refused to give it back?
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 2973
Joined: Sat Aug 10, 2013 9:40 pm

Re: Police using procedure to punish.

Postby atticus » Tue Mar 15, 2016 3:22 pm

You of course would agree that the most important thing to do when acquiring/owning WMD is to make all the right declarations in the right manner to the right people and at the right time. Your distant acquaintance put himself in the position of being someone about whom the chief constable could say that he was not fit to be entrusted with a firearm (we assume that he has provided you with the full story and that nothing significant has been overlooked). You have discussed the remedies of which he chose not to avail himself.

If the police took my car and refused to give it back, I would avail myself of the available remedies.
User avatar
atticus
 
Posts: 18033
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Police using procedure to punish.

Postby Hairyloon » Tue Mar 15, 2016 3:32 pm

I did not think that he had taken issue with the withdrawal of the license, but with the delay in processing the renewal.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 8893
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Police using procedure to punish.

Postby shootist » Tue Mar 15, 2016 9:04 pm

Hairyloon wrote:I did not think that he had taken issue with the withdrawal of the license, but with the delay in processing the renewal.


Not at all. I take issue with the police making up the rules as they go along.
"I do not agree with what you say, but I'll defend to the death my right to be offended by it."
User avatar
shootist
 
Posts: 2973
Joined: Sat Aug 10, 2013 9:40 pm

Previous

Return to Administrative Law

Who is online

Users browsing this forum: No registered users and 1 guest