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Summons received, what next?

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Re: Summons received, what next?

Postby atticus » Sun Oct 22, 2017 9:11 pm

Doesn't the summons state the charge?
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Re: Summons received, what next?

Postby Maz JP » Sun Oct 22, 2017 9:11 pm

The law is not a game.
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Re: Summons received, what next?

Postby shootist » Sun Oct 22, 2017 10:18 pm

Maz JP wrote:The law is not a game.


Don't kid yourself.
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Re: Summons received, what next?

Postby shootist » Sun Oct 22, 2017 10:25 pm

TenaciousB wrote:Surely someone cannot plead guilty or not guilty unless they know what they've been accused of.


In the OP you state that the summons states a law you have apparently breached. If you read it carefully it will say something like "That you did, at, on (or between) strangle several ferrets and one teddy bear, the property of...... contrary to Section ..... of the Act, 19canteen."

(That's how it used to go. Ish)

That is what you are accused of. Lettres de cachet have not been issued, AFAIK, in this country for some years, although given the way things are going the practice may well reappear.
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Re: Summons received, what next?

Postby TenaciousB » Mon Oct 23, 2017 7:57 am

The summons states that I harassed a person between 2 dates, contrary to section 2 etc. It doesn't state what I did that constitutes harassment.
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Re: Summons received, what next?

Postby shootist » Mon Oct 23, 2017 9:39 am

TenaciousB wrote:The summons states that I harassed a person between 2 dates, contrary to section 2 etc. It doesn't state what I did that constitutes harassment.


That should be detailed to some degree at least in the papers that came with the summons. If none were present then you wil know what interaction you had with said person so you go to court and if appropriate plead NG and a date should be set for a trial. Following that you should sometime after get disclosure documents that should details exactly the nature of the complaint. Assuming this is a criminal prosecution I would doubt that some official prosecuting body, almost certainly the police, have not spoken to you in the manner of an interview under caution. To take just about any criminal case these days requires the allegations to be put to the person accused in order to allow him to provide an explanation of what took place. Summonses only very rarely come as a complete surprise.

If I was in your shoes I would be looking for the services of a lawyer at this point.
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Re: Summons received, what next?

Postby TenaciousB » Mon Oct 23, 2017 1:30 pm

The Police interviewed me, and my solicitor explained why my behaviour did not constitute harassment. Part of it was that I wrote a "letter before action" because they were interfereing with my property (trespass to goods). As far as I know, it cannot be harassment if I am following the pre-action protocol for a civil case. Hence I do not know which of the alleged interactions constituted harassment or whether the Police have chosen to ignore what they were told and charge me anyway.
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Re: Summons received, what next?

Postby shootist » Mon Oct 23, 2017 2:21 pm

TenaciousB wrote:The Police interviewed me, and my solicitor explained why he thought my behaviour did not constitute harassment. Part of it was that I wrote a "letter before action" because they were interfereing with my property (trespass to goods). As far as I know, it cannot be harassment if I am following the pre-action protocol for a civil case. Hence I do not know which of the alleged interactions constituted harassment or whether the Police have chosen to ignore what they were told and charge me anyway.


OK, so you know exactly what is being alleged. You also appear to have a defence, according to your solicitor. Notwithstanding this, the CPS have decided to summons you to court. The police, correctly, do not always agree with defence solicitors. Go to court, plead NG, and at your trial put forward your defence. It is not that uncommon for the police to decide you need to be prosecuted and to report the case to CPS in a manner that is 'inaccurate' so that CPS decide there is a realistic prospect of conviction. Again, and particularly as your defence would appear to be on a technicality of law, get a solicitor to act for you. if you are acquitted on that basis then raise hell with the prosecution. If you are convicted then raise hell with the solicitor, if solicitor he was, present at the interview. (see parts in red above).
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Re: Summons received, what next?

Postby atticus » Mon Oct 23, 2017 2:45 pm

It does seem odd that legitimate assertion of rights may be considered harassment.

The words of sections 1 and 7 of the Protection From Harassment Act 1997 should be considered carefully. They provide good arguments for someone who is asserting legitimate rights in a proper manner.
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Re: Summons received, what next?

Postby shootist » Mon Oct 23, 2017 7:13 pm

Vexatious litigant?
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