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Set Up Your Own Bank - nobody cares

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Re: Set Up Your Own Bank - nobody cares

Postby Spankymonkey » Wed Mar 15, 2017 8:04 pm

Maz JP wrote:I myself would be tempted to remand in custody unlike the case you cite


Glad to hear it.

The news story you linked to was indeed the correct one. It's just surprising that, in that instance, the court was not mindful of the fact their failure to remand would be reported by the media, and the tactic possibly repeated by countless other demonstrators. My opinion of why the demonstrators were not remanded is probably not worth repeating, but it has little to do with good advice from a Justice's clerk.

3.14 wrote:They will identify them the next they are picked up though (and they will be picked up for something).


Identify them as what? The same 'anons' as last time?

Besides which, 'getting them next time' is no justification for letting them go the first time.
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Re: Set Up Your Own Bank - nobody cares

Postby Smouldering Stoat » Wed Mar 15, 2017 8:34 pm

Spankymonkey wrote:The news story you linked to was indeed the correct one. It's just surprising that, in that instance, the court was not mindful of the fact their failure to remand would be reported by the media, and the tactic possibly repeated by countless other demonstrators. My opinion of why the demonstrators were not remanded is probably not worth repeating, but it has little to do with good advice from a Justice's clerk.


A defendant is entitled to bail unless the any of the conditions listed in Schedule 1 of the Bail Act 1976 apply. Media reporting of the decision is not one of those conditions, so it is not something of which the Justices are permitted to be mindful.
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Re: Set Up Your Own Bank - nobody cares

Postby 3.14 » Wed Mar 15, 2017 9:05 pm

Spankymonkey wrote:Identify them as what? The same 'anons' as last time?

Besides which, 'getting them next time' is no justification for letting them go the first time.
Yes. And the Judge can apply a harder stance the second time round.
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Re: Set Up Your Own Bank - nobody cares

Postby Spankymonkey » Wed Mar 15, 2017 10:39 pm

3.14 wrote:
Spankymonkey wrote:Identify them as what? The same 'anons' as last time?

Besides which, 'getting them next time' is no justification for letting them go the first time.
Yes. And the Judge can apply a harder stance the second time round.


A judge would probably have been less inclined to let them go in the first place. It was magistrates that made the ill-fated decision in this instance. And if it was a case of 'harder stance the second time round' they should have been tried in court that day and if found guilty, been given a conditional discharge.
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Re: Set Up Your Own Bank - nobody cares

Postby dls » Thu Mar 16, 2017 8:10 am

The video is an excellent demonstration of the power of courtesy


It is indeed.
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Re: Set Up Your Own Bank - nobody cares

Postby Maz JP » Thu Mar 16, 2017 8:31 am

Spankymonkey wrote: And if it was a case of 'harder stance the second time round' they should have been tried in court that day and if found guilty, been given a conditional discharge.

I have no idea if such proceedings (enforced trial the day after charge) could be legal, but I can imagine ten reasons why they might be logistically impossible.
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Re: Set Up Your Own Bank - nobody cares

Postby atticus » Thu Mar 16, 2017 12:14 pm

It does seem odd that there is no indication that any regulatory body is stamping on this fraudster and his were-bank.

It is peddling false hope to desperate people, and to chancers. Some of them are getting into much bigger difficulties as a result.
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Re: Set Up Your Own Bank - nobody cares

Postby Spankymonkey » Thu Mar 16, 2017 9:50 pm

Smouldering Stoat wrote:A defendant is entitled to bail unless the any of the conditions listed in Schedule 1 of the Bail Act 1976 apply. Media reporting of the decision is not one of those conditions, so it is not something of which the Justices are permitted to be mindful.


Well as one of the conditions of the Bail Act did apply, the defendants were not entitled to be granted bail.

As the Justices had good reason to believe the defendants would not return, and nor were the Justices abiding by the conditions of the Bail Act, then is it too much to have expected them to have been mindful of how granting bail in those conditions would appear to the public, instead? Justice being seen to be done and all that, yes?

Statute doesn't prevent magistrates from using their common sense does it Stoaty me old mucker.
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Re: Set Up Your Own Bank - nobody cares

Postby Maz JP » Thu Mar 16, 2017 10:22 pm

Spankymonkey wrote:
As the Justices had good reason to believe the defendants would not return, and nor were the Justices abiding by the conditions of the Bail Act, then is it too much to have expected them to have been mindful of how granting bail in those conditions would appear to the public.


It's not only too much, it's against the judicial oath. Reaching decisions on the basis of how they might be viewed in the Daily Mail is not exactly justice.
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Re: Set Up Your Own Bank - nobody cares

Postby Maz JP » Fri Mar 17, 2017 9:17 am

Spankymonkey wrote: nor were the Justices abiding by the conditions of the Bail Act


Late Edit!

Sorry to be the over-zealous defender of the magistracy, but how do you work this claim out? Whilst (on the basis of what I know, and of course with the benefit of hindsight) I may not agree with their decision that does not mean it does not follow the law. What is it makes you think otherwise?
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