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Difficult to find case law

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Difficult to find case law

Postby Spankymonkey » Wed Dec 21, 2016 9:07 pm

I have been searching for some important case law in relation to TV license prosecutions. Is there anywhere other than the internet I could search for free copies of these judgements, or would they only be available on a paid research service do you think?

Department of Trade and Industry Ex Parte Rudd (1987) 2All ER553
Dew v Regina Peterborough Crown Court 15/9/95
Monks v Pilgrim (1979) CRIMLR595
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Re: Difficult to find case law

Postby atticus » Wed Dec 21, 2016 9:19 pm

Have you tried http://www.bailii.org?
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Re: Difficult to find case law

Postby atticus » Wed Dec 21, 2016 9:21 pm

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Re: Difficult to find case law

Postby dls » Thu Dec 22, 2016 11:40 am

Crown Court stuff is not usually reported.
Crim Law Review stuff is available by subscription to Criminal Law Review, and similarly the All England Reports.

Very little TV licensing cases are reported, because there is very little law involved. Equally, teh licensing arrangements have changed since the earlier cases, and they may not still be a good guide.
In reality you will need to refine your question to identify the particular point you wish to raise.
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Re: Difficult to find case law

Postby dls » Thu Dec 22, 2016 11:41 am

Rudd v Secretary of State for Trade and Industry: 1985
References: [1987] 1 WLR 786, [1987] 2 All ER 553, (1987) 85 Cr App R 358
Ratio: The court considered the word 'used' in the context of a TV Licensing prosecution.
Held: The word 'use' is to be interpreted in its natural and ordinary meaning.
This case is cited by: (This list may be incomplete)
Jurisdiction: England and Wales
Last Update: 22-Dec-16
Ref: 572623
2016/12/22
Licensing, Crime

See also: http://swarb.co.uk/rudd-v-secretary-of- ... stry-1985/
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Re: Difficult to find case law

Postby dls » Thu Dec 22, 2016 11:47 am

You may also find this of assistance:

https://www.whatdotheyknow.com/request/ ... ted....pdf
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Re: Difficult to find case law

Postby Spankymonkey » Thu Dec 22, 2016 2:27 pm

Thank you. It was the PDF document you linked to that brought me to ask the question in the first place. The summary of the judgements was redacted from that document and I wondered if the content was likely to be of significance to those defending themselves against TVL.
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Re: Difficult to find case law

Postby dls » Thu Dec 22, 2016 4:05 pm

It is notclear why it should have been redacted.

As to defences, you have it the wrong way round. Usually, you identify where something may be amiss and enquire into it.
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Re: Difficult to find case law

Postby shootist » Thu Dec 22, 2016 4:19 pm

TV licensing is a classic issue of an ounce of prevention being worth a pound of cure. The correct answer to a TV licensing officer knocking on your door is "Go away." followed by shutting the door. A CCTV camera, real or fake, by your front door will usually prevent them even knocking. Apparently, they have a policy of not putting themselves in a situation where they are going to be on video. Youtube has power. I believe they also have a policy of not forcing entry even on the rare occasions they have a warrant to enter.
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Re: Difficult to find case law

Postby Smouldering Stoat » Thu Dec 22, 2016 4:28 pm

I find buying a TV licence keeps them away, too.
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