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Civil Restraint Order

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Re: Civil Restraint Order

Postby Smouldering Stoat » Thu Mar 03, 2016 11:13 pm

If only we had some kind of procedure for finding out if accusations were true or not.

I would be surprised (to say the least) if the powers of the Court did not extend to correcting minor errors of that kind. In the Protection from Harassment Act, s.2 provides that a person commits an offence if he pursues a breach of conduct in breach of s.1. Are you seriously suggesting that a prosecution should be found to be malicious, and a prosecutor held in contempt, for quoting s. 1 instead of s. 2?

It is possible to bring a civil claim for malicious prosecution for malicious prosecution, though perhaps a claimant should be careful that his Claim Form does not contain any typographical errors.
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Re: Civil Restraint Order

Postby Spankymonkey » Fri Mar 04, 2016 11:55 am

Are you seriously suggesting that a prosecution should be found to be malicious, and a prosecutor held in contempt, for quoting s. 1 instead of s. 2?


I have suggested no such thing, you clearly didn't read my initial post properly. I mentioned that the offence did not exist under s.1.

Nor did I suggest that someone be held in contempt for such an error. I did however ask if someone could be held in contempt for bringing a malicious prosecution.
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Re: Civil Restraint Order

Postby dls » Fri Mar 04, 2016 12:27 pm

Could the prosecutor could not have been held in contempt of court?


Very doubtful.
Bringing an action is, by logic, not quite a part of the proceedings - the proceedings do not come into existence until the commencement is complete.
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Re: Civil Restraint Order

Postby Spankymonkey » Fri Mar 04, 2016 12:37 pm

I see. But do you not have to make a sworn affidavit to lay such information before the court in the first place to begin the prosecution? I thought that to do so dishonestly would be contempt.
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Re: Civil Restraint Order

Postby dls » Fri Mar 04, 2016 12:38 pm

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Re: Civil Restraint Order

Postby atticus » Fri Mar 04, 2016 12:50 pm

Good find.

However -

I do not think that this can apply to an organisation acting for others in bringing private prosecutions. I have looked at the website that has been referred to, and it appears careful in saying that it is their client who lays the information etc.

I think that some other action will be required to stop this organisation offering this service. Perhaps the Attorney-General would need to be persuaded to take action in the public interest.
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Re: Civil Restraint Order

Postby Spankymonkey » Fri Mar 04, 2016 12:55 pm

Excellent. Precisely what I was looking for. Thank you.

I do not think that this can apply to an organisation acting for others in bringing private prosecutions. have looked at the website that has been referred to, and it appears careful in saying that it is their client who lays the information etc.


But surely this doesn't immunize the client from having such an order made against them does it? Although in this instance the owner of that site was acting for himself.

Lastly, is there a time limit for applying for a restraint order?
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Re: Civil Restraint Order

Postby Smouldering Stoat » Fri Mar 04, 2016 1:05 pm

Only the Attorney General can apply for an order.

I've not looked at the website in any detail, but it does say (my emphasis):

We provide a report on the merits of a prosecution and also the case updates.

Our prosecutors will prepare your case bundle and when ready we lay charges before the Magistrates.


Is this a reserved legal activity?
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Re: Civil Restraint Order

Postby Spankymonkey » Fri Mar 04, 2016 1:11 pm

Is this a reserved legal activity?


He doesn't state who his prosecutors are though. Could be a barrister he employs and he just goes along for the ride. Although chances are the prosecutor is just him again with a different hat on.
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Re: Civil Restraint Order

Postby atticus » Fri Mar 04, 2016 1:21 pm

Elsewhere the site says:
After you have laid the charges against the defendant, our service guides you and will help you prepare all evidence before the court

I bet that reflects how they try to operate.

It looks to me like a site that gathers in the work and farms it out to others, keeping a cut of what it charges.
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