• What am I missing here?

    From Nick Odell@nickodell49@yahoo.ca to uk.legal.moderated on Mon Oct 6 11:15:08 2025
    From Newsgroup: uk.legal.moderated

    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From The Todal@the_todal@icloud.com to uk.legal.moderated on Mon Oct 6 11:36:29 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick


    I think the plan that matters is the plan to ban demonstrations if they repeatedly happen in the same area for the same purpose, whether that is
    to protest against our governments complicity in genocide, or to protest against the failure to allow migrants to come to our country, live in
    great luxury and take over our houses, schools and community and
    eventually establish a Sharia state.

    The government needs the power to ration our demonstrations. That way,
    anyone who is offended by demonstrations and regards them as a personal affront, will be mollified and comforted and will know that the Dear
    Leader is looking after us all, in his wisdom.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Pancho@Pancho.Jones@protonmail.com to uk.legal.moderated on Mon Oct 6 13:44:23 2025
    From Newsgroup: uk.legal.moderated

    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick



    500 arrested. AIUI support of terrorism is triable either way. Meaning, defendants can elect a jury trial. Are they planning 500 jury trials? Do
    we think jurors would convict granny and gamps for this? Is it lawful to arrest people with no credible intention to prosecute?

    I was amused to see members of the most unpopular UK government ever, advising protestors to "read the room" and of "being tone" deaf.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Mon Oct 6 15:31:10 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be
    arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way. Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right. Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months,
    which is what applies to protestors merely displaying their support for Palestine Action. So, I think the offence is a summary one triable only
    by magistrates.

    Happy to be proved wrong though.

    Are they planning 500 jury trials? Do
    we think jurors would convict granny and gamps for this?

    These cases could get to the Crown Court on appeal, but they will be
    heard there not by a jury but by a judge and possibly magistrates as
    well. Juries with sensible ordinary people on them, who I think would
    agree with you, will unfortunately not be involved.

    Is it lawful to
    arrest people with no credible intention to prosecute?

    Well, they *are* being prosecuted, so that doesn't apply. Moreover, magistrates and judges will feel they have no alternative but to
    convict. Unlike a jury, they won't indulge in nullification of the law.
    They don't have any discretion, except as regards sentencing, so the
    best anyone can hope for is an absolute discharge.




    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From GB@NOTsomeone@microsoft.invalid to uk.legal.moderated on Mon Oct 6 17:25:05 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 15:31, Norman Wells wrote:

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, which is what applies to protestors merely displaying their support for Palestine Action.-a So, I think the offence is a summary one triable only
    by magistrates.

    A sensible way of dealing with this would be by fines, rather than imprisonment. Other countries have a system of fines that takes into
    account the ability of people to pay, and sets the fines accordingly.

    A fine of 1% of net worth on a first offence would be a significant
    deterrent. In fact, more of a deterrent than a jail term, at least in prospect, although perhaps less so once the reality of being banged up
    has sunk in.

    There'd be nothing to stop the fine doubling on each subsequent offence
    - at least for the first 6 such re-offendings, if my maths is right.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Mon Oct 6 18:02:01 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 03:31 pm, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be
    arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, which is what applies to protestors merely displaying their support for Palestine Action.-a So, I think the offence is a summary one triable only
    by magistrates.

    Happy to be proved wrong though.

    Are they planning 500 jury trials? Do we think jurors would convict
    granny and gamps for this?

    These cases could get to the Crown Court on appeal, but they will be
    heard there not by a jury but by a judge and possibly magistrates as
    well.-a Juries with sensible ordinary people on them, who I think would agree with you, will unfortunately not be involved.

    Is it lawful to arrest people with no credible intention to prosecute?

    Well, they *are* being prosecuted, so that doesn't apply.-a Moreover, magistrates and judges will feel they have no alternative but to
    convict.-a Unlike a jury, they won't indulge in nullification of the law.
    -aThey don't have any discretion, except as regards sentencing, so the
    best anyone can hope for is an absolute discharge.

    A conditional discharge (at worst), one might hope.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Alan Lee@alan@darkroom.plus.com to uk.legal.moderated on Mon Oct 6 18:57:27 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 17:25, GB wrote:
    A fine of 1% of net worth on a first offence would be a significant deterrent. In fact, more of a deterrent than a jail term, at least in prospect, although perhaps less so once the reality of being banged up
    has sunk in.

    Which would not solve anything.
    The middle classes are attending these protests, 1% of net worth when
    you live in a nice house could be -u5000+.
    Then you have people at the other end of the scale on benefits, who have
    no tangible assets, and income of less than -u200 a week. What would you
    fine them?
    J.Nugents suggestion of a conditional discharge would be suitable for
    the majority of those arrested. For the more violent of those arrested,
    a short sentence inside,or a suspension of a sentence may be more
    suitable. If they have a history of offending, the sentencing has little option but to detain them, or, give them a large community payback
    sentence, along with conditions attached to not do any more wrong.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Mon Oct 6 19:46:37 2025
    From Newsgroup: uk.legal.moderated


    "GB" <NOTsomeone@microsoft.invalid> wrote in message news:10c0qh1$dg46$1@dont-email.me...

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing u15,000 on their credit cards would be fined how
    much exactly ?


    bb



    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Mon Oct 6 22:01:14 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 07:46 pm, billy bookcase wrote:

    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing +U15,000 on their credit cards would be fined how
    much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet
    assets of such a person?

    I suggest that it needs to be somewhere between -u0 and -u1,000,000,000.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Pancho@Pancho.Jones@protonmail.com to uk.legal.moderated on Mon Oct 6 22:37:41 2025
    From Newsgroup: uk.legal.moderated

    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people
    who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be
    arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, which is what applies to protestors merely displaying their support for Palestine Action.-a So, I think the offence is a summary one triable only
    by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by an apparatchik. Hopefully, some of the defendants will make this point and
    refuse to participate any further in the trial.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Oct 7 09:25:02 2025
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mkip0oF7trsU1@mid.individual.net...
    On 06/10/2025 07:46 pm, billy bookcase wrote:

    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing L15,000 on their credit cards would be fined how
    much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?

    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    Up to their available credit, surely ?

    So that if they were under their credit card limit, couldn't they reasonably
    be expected to borrow the extra, to pay the fine ?

    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000


    bb








    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Tue Oct 7 09:32:22 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 22:37, Pancho wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people >>>> who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be >>>> arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on >>>> the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6
    months, which is what applies to protestors merely displaying their
    support for Palestine Action.-a So, I think the offence is a summary
    one triable only by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by an apparatchik.

    Well, that raises lots of different questions, like what is a 'political trial' and what is an 'apparatchik'?

    The trials will be based on infringement of the criminal law,
    specifically Section 13 of the Terrorism Act 2000. So, what makes it 'political' any more than any other criminal offence, all of which have
    of course been created by politicians?

    I think we all expect judges and magistrates to uphold the laws enacted
    by Parliament scrupulously and without fear or favour. That's their 'apparatchik' job, and I expect they take an oath to that effect when
    they are appointed. It is not their function to return verdicts that deliberately contradict or negate any law they may not agree with. The
    most they can do is inform the government that, in their opinion, the
    law is an ass and should be reformed.

    Juries, on the other hand, have the ultimate power to return verdicts
    contrary to the stated law, though they should only do that rarely, and
    where it really matters, if they don't want the jury system to be
    abolished altogether.

    Hopefully, some of the defendants will make this point and
    refuse to participate any further in the trial.

    I think their objective is to get themselves punished, and as severely
    as possible, for the very trivial offences with which they have been
    accused. It's a legitimate way of garnering public support for reform
    of any Draconian law. It's only a pity that they cannot have their
    cases decided by 12 good men and true.




    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Tue Oct 7 10:49:54 2025
    From Newsgroup: uk.legal.moderated

    On 2025-10-06, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months,
    which is what applies to protestors merely displaying their support for
    Palestine Action.-a So, I think the offence is a summary one triable only >> by magistrates.

    Happy to be proved wrong though.

    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I don't think he is right. The fact that hearings are scheduled in the magistrates' court is irrelevant - all criminal trials start in a
    magistrates' court.

    For an offence which is not summary-only, the first hearing will
    generally involve deciding whether the case should be sent to the crown
    court.

    For an offence which is only triable on indictment, the answer will of
    course always be "yes".

    For an offence which is triable either way, which I think includes these "terrorism" offences, then the magistrates may decide that their
    sentencing powers are insufficient for the gravity of the offence, and
    send the case to crown court. Or, the defendant can choose for their
    case to be sent to crown court. If neither of those things happens then
    the case will stay at the magistrates' court.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Pancho@Pancho.Jones@protonmail.com to uk.legal.moderated on Tue Oct 7 12:49:58 2025
    From Newsgroup: uk.legal.moderated

    On 10/7/25 11:49, Jon Ribbens wrote:
    On 2025-10-06, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, >>> which is what applies to protestors merely displaying their support for
    Palestine Action.-a So, I think the offence is a summary one triable only >>> by magistrates.

    Happy to be proved wrong though.

    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I don't think he is right. The fact that hearings are scheduled in the magistrates' court is irrelevant - all criminal trials start in a magistrates' court.


    Trial planed to take 3 days, which sounds like a trial, not a pre-trial hearing.

    Citation: <https://news.sky.com/story/first-people-charged-with-supporting-palestine-action-due-in-court-today-13431998>

    Quote
    =====
    The group have been released on unconditional bail by Chief Magistrate
    Paul Goldspring, and will appear at Westminster Magistrates' Court on
    March 16 for a trial listed for three days.

    Mr Goldspring told the defendants: "This will take place on March 16,
    17, and 18 so I'm going to release each of you on bail until March 16
    when you have an obligation to attend this court.
    =====




    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Pancho@Pancho.Jones@protonmail.com to uk.legal.moderated on Tue Oct 7 13:05:20 2025
    From Newsgroup: uk.legal.moderated

    On 10/7/25 09:32, Norman Wells wrote:
    On 06/10/2025 22:37, Pancho wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people >>>>> who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be >>>>> arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on >>>>> the wrong side of the street?

    But then it is party conference season so I suppose politicians will >>>>> be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6
    months, which is what applies to protestors merely displaying their
    support for Palestine Action.-a So, I think the offence is a summary
    one triable only by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for
    March at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by an
    apparatchik.

    Well, that raises lots of different questions, like what is a 'political trial' and what is an 'apparatchik'?

    The trials will be based on infringement of the criminal law,
    specifically Section 13 of the Terrorism Act 2000.-a So, what makes it 'political' any more than any other criminal offence, all of which have
    of course been created by politicians?


    Their actions were politically motivated. Motivation is what make a
    crime political, not technical guilt.

    I think we all expect judges and magistrates to uphold the laws enacted
    by Parliament scrupulously and without fear or favour.-a That's their 'apparatchik' job, and I expect they take an oath to that effect when
    they are appointed.-a It is not their function to return verdicts that deliberately contradict or negate any law they may not agree with.-a The most they can do is inform the government that, in their opinion, the
    law is an ass and should be reformed.


    Well, I expect judges and magistrates to act based upon self-interest
    and personal bias.

    Magistrates are selected from people who naturally support the
    establishment. They will interpret the law to suit the establishment.
    They will prefer the evidence of establishment figures over evidence
    from the general public.

    They look like apparatchiks to me.











    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Tue Oct 7 13:01:36 2025
    From Newsgroup: uk.legal.moderated

    On 2025-10-07, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/7/25 11:49, Jon Ribbens wrote:
    On 2025-10-06, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, >>>> which is what applies to protestors merely displaying their support for >>>> Palestine Action.-a So, I think the offence is a summary one triable only >>>> by magistrates.

    Happy to be proved wrong though.

    It appears you are right. I see the first trials are scheduled for March >>> at Westminster Magistrates Court.

    I don't think he is right. The fact that hearings are scheduled in the
    magistrates' court is irrelevant - all criminal trials start in a
    magistrates' court.

    Trial planed to take 3 days, which sounds like a trial, not a pre-trial hearing.

    Citation:
    <https://news.sky.com/story/first-people-charged-with-supporting-palestine-action-due-in-court-today-13431998>

    Quote
    =====
    The group have been released on unconditional bail by Chief Magistrate
    Paul Goldspring, and will appear at Westminster Magistrates' Court on
    March 16 for a trial listed for three days.

    Mr Goldspring told the defendants: "This will take place on March 16,
    17, and 18 so I'm going to release each of you on bail until March 16
    when you have an obligation to attend this court.
    =====

    Yes you're right, it sounds like they are proceeding to a magistrates'
    court trial. Everything I said in my previous post is still true though.

    I don't know why the defendants would have not opted for a jury trial, especially given the protests they were arrested for attending were
    arranged by "Defend our Juries", whose core mission is to defend the
    right to jury trials!

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Tue Oct 7 14:26:39 2025
    From Newsgroup: uk.legal.moderated

    On 07/10/2025 11:49, Jon Ribbens wrote:
    On 2025-10-06, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, >>> which is what applies to protestors merely displaying their support for
    Palestine Action.-a So, I think the offence is a summary one triable only >>> by magistrates.

    Happy to be proved wrong though.

    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I don't think he is right. The fact that hearings are scheduled in the magistrates' court is irrelevant - all criminal trials start in a magistrates' court.

    For an offence which is not summary-only, the first hearing will
    generally involve deciding whether the case should be sent to the crown court.

    For an offence which is only triable on indictment, the answer will of
    course always be "yes".

    Agreed, so far.
    For an offence which is triable either way, which I think includes these "terrorism" offences,

    Why do you think that?

    then the magistrates may decide that their
    sentencing powers are insufficient for the gravity of the offence,

    Well, they certainly aren't insufficient. Section 13 of the Terrorism
    Act 2000 says:

    "A person guilty of an offence under this section shall be liable on
    summary conviction torCo

    (a) imprisonment for a term not exceeding six months".

    Summary conviction means before magistrates, and they can actually
    sentence up to 12 months in prison.

    and send the case to crown court.

    The idea with magistrates courts is that they deal with minor cases in
    order to spare the Crown Courts all the expense and hassle of dealing
    with them.

    Or, the defendant can choose for their case to be sent to crown court.

    I don't think any such choice exists.

    If neither of those things happens then the case will stay at the magistrates' court.

    Indeed.


    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Tue Oct 7 14:36:17 2025
    From Newsgroup: uk.legal.moderated

    On 07/10/2025 13:05, Pancho wrote:
    On 10/7/25 09:32, Norman Wells wrote:
    On 06/10/2025 22:37, Pancho wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful
    people
    who want to be arrested, the government is considering changing the >>>>>> law so that people who don't follow police instructions will
    erme.. be
    arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed >>>>>> only to issue -u20 fixed penalty notices for parking protesting
    bums on
    the wrong side of the street?

    But then it is party conference season so I suppose politicians will >>>>>> be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6
    months, which is what applies to protestors merely displaying their
    support for Palestine Action.-a So, I think the offence is a summary
    one triable only by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for
    March at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by
    an apparatchik.

    Well, that raises lots of different questions, like what is a
    'political trial' and what is an 'apparatchik'?

    The trials will be based on infringement of the criminal law,
    specifically Section 13 of the Terrorism Act 2000.-a So, what makes it
    'political' any more than any other criminal offence, all of which
    have of course been created by politicians?


    Their actions were politically motivated. Motivation is what make a
    crime political, not technical guilt.

    Motivation for committing a crime is actually irrelevant. If you have
    mens rea (ie knowledge of wrongdoing) and commit the proscribed act then
    you are guilty. You can call a crime whatever you like but it makes no difference.

    I think we all expect judges and magistrates to uphold the laws
    enacted by Parliament scrupulously and without fear or favour.-a That's
    their 'apparatchik' job, and I expect they take an oath to that effect
    when they are appointed.-a It is not their function to return verdicts
    that deliberately contradict or negate any law they may not agree
    with.-a The most they can do is inform the government that, in their
    opinion, the law is an ass and should be reformed.

    Well, I expect judges and magistrates to act based upon self-interest
    and personal bias.

    That would be corrupt. And I don't think there's much evidence of that.
    Magistrates are selected from people who naturally support the establishment. They will interpret the law to suit the establishment.
    They will prefer the evidence of establishment figures over evidence
    from the general public.

    They look like apparatchiks to me.

    They are upholders of laws democratically enacted by a duly elected Parliament. Can't say much fairer than that.


    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Tue Oct 7 14:43:27 2025
    From Newsgroup: uk.legal.moderated

    On 06/10/2025 10:37 PM, Pancho wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people >>>> who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be >>>> arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on >>>> the wrong side of the street?

    But then it is party conference season so I suppose politicians will
    be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right. Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6
    months, which is what applies to protestors merely displaying their
    support for Palestine Action. So, I think the offence is a summary
    one triable only by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by an apparatchik. Hopefully, some of the defendants will make this point and refuse to participate any further in the trial.

    You may well hope that, but it isn't good advice to the defendants.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Tue Oct 7 14:45:32 2025
    From Newsgroup: uk.legal.moderated

    On 07/10/2025 09:25 AM, billy bookcase wrote:

    "JNugent" <JNugent73@mail.com> wrote:
    billy bookcase wrote:
    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing L15,000 on their credit cards would be fined how
    much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?
    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    Up to their available credit, surely ?

    No. Being able to borrow does not make you any richer.

    So that if they were under their credit card limit, couldn't they reasonably be expected to borrow the extra, to pay the fine ?

    No.

    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000

    Maybe. Who knows?

    But a line of credit is not an asset for the balance sheet.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Jon Ribbens@jon+usenet@unequivocal.eu to uk.legal.moderated on Tue Oct 7 17:47:35 2025
    From Newsgroup: uk.legal.moderated

    On 2025-10-07, Jon Ribbens <jon+usenet@unequivocal.eu> wrote:
    On 2025-10-07, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/7/25 11:49, Jon Ribbens wrote:
    On 2025-10-06, Pancho <Pancho.Jones@protonmail.com> wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6 months, >>>>> which is what applies to protestors merely displaying their support for >>>>> Palestine Action.-a So, I think the offence is a summary one triable only >>>>> by magistrates.

    Happy to be proved wrong though.

    It appears you are right. I see the first trials are scheduled for March >>>> at Westminster Magistrates Court.

    I don't think he is right. The fact that hearings are scheduled in the
    magistrates' court is irrelevant - all criminal trials start in a
    magistrates' court.

    Trial planed to take 3 days, which sounds like a trial, not a pre-trial
    hearing.

    Citation: >><https://news.sky.com/story/first-people-charged-with-supporting-palestine-action-due-in-court-today-13431998>

    Quote
    =====
    The group have been released on unconditional bail by Chief Magistrate
    Paul Goldspring, and will appear at Westminster Magistrates' Court on
    March 16 for a trial listed for three days.

    Mr Goldspring told the defendants: "This will take place on March 16,
    17, and 18 so I'm going to release each of you on bail until March 16
    when you have an obligation to attend this court.
    =====

    Yes you're right, it sounds like they are proceeding to a magistrates'
    court trial. Everything I said in my previous post is still true though.

    I don't know why the defendants would have not opted for a jury trial, especially given the protests they were arrested for attending were
    arranged by "Defend our Juries", whose core mission is to defend the
    right to jury trials!

    It appears that they may be being prosecuted under Terrorism Act 2000
    s13 ("Uniform and publication of images") rather than s12 ("Support"),
    in which case the offence is triable summarily only, which would
    explain why they are in magistrates' court.

    Maybe they should have worded their placards "I invite you to sit with
    me in protest of genocide and in support of Palestinian Action" instead.

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Norman Wells@hex@unseen.ac.am to uk.legal.moderated on Tue Oct 7 19:25:09 2025
    From Newsgroup: uk.legal.moderated

    On 07/10/2025 14:43, JNugent wrote:
    On 06/10/2025 10:37 PM, Pancho wrote:
    On 10/6/25 15:31, Norman Wells wrote:
    On 06/10/2025 13:44, Pancho wrote:
    On 10/6/25 11:15, Nick Odell wrote:
    In response to the regular arrival in public spaces of peaceful people >>>>> who want to be arrested, the government is considering changing the
    law so that people who don't follow police instructions will erme.. be >>>>> arrested.

    Will the police be issued with Joo Janta Super-Chromatic
    Peril-Sensitive Sunglasses so that they don't see the protesters
    waving posters which might lead to 14 years imprisonment and the
    further clogging up of the justice system? Will they be instructed
    only to issue -u20 fixed penalty notices for parking protesting bums on >>>>> the wrong side of the street?

    But then it is party conference season so I suppose politicians will >>>>> be saying anything to try and gain a bit of attention.

    Nick

    500 arrested. AIUI support of terrorism is triable either way.
    Meaning, defendants can elect a jury trial.

    Sadly, I don't think that's right.-a Magistrates have sufficient
    sentencing powers to deal with offences with a maximum term of 6
    months, which is what applies to protestors merely displaying their
    support for Palestine Action.-a So, I think the offence is a summary
    one triable only by magistrates.

    Happy to be proved wrong though.


    It appears you are right. I see the first trials are scheduled for March
    at Westminster Magistrates Court.

    I guess it shouldn't surprise me to see political trials decided by an
    apparatchik. Hopefully, some of the defendants will make this point and
    refuse to participate any further in the trial.

    You may well hope that, but it isn't good advice to the defendants.

    That depends on what you think the defendants want. In protesting
    against a Draconian law that should never have been deployed in these circumstances, I think the protestors want to be found guilty, and
    sentenced, to show up its attack on free speech and protest and to
    publicise that cause.

    Sometimes it takes some to stand up and be counted. And I applaud them.



    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Tue Oct 7 21:06:05 2025
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mkkjrsFh8n3U3@mid.individual.net...
    On 07/10/2025 09:25 AM, billy bookcase wrote:

    "JNugent" <JNugent73@mail.com> wrote:
    billy bookcase wrote:
    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing L15,000 on their credit cards would be fined how
    much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?
    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    Up to their available credit, surely ?

    No. Being able to borrow does not make you any richer.

    What exactly has "being any richer" got to do with anything ?

    As a result of committing an offence of some kind ,someone has been fined
    u500 to be paid within 28 days, on the pain of imprisonment.

    They have no ready cash, but have u1000 available on their credit
    card.

    Are you seriously suggesting that they should opt to go to prison ?


    So that if they were under their credit card limit, couldn't they reasonably >> be expected to borrow the extra, to pay the fine ?

    No.

    Right. So they'd choose to go to prison instead, losing their job in the process.


    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000

    Maybe. Who knows?

    But a line of credit is not an asset for the balance sheet.

    That's irrelevant. While the perp may have been fined on the basis of their
    net worth, and what they *should* be able to pay, that possibly overlooks the fact that they may be hoovering a grand's worth of charlie up their noses
    each month. Hence the need for a flexible friend.


    bb










    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Wed Oct 8 05:37:43 2025
    From Newsgroup: uk.legal.moderated

    In message <10c0vu7$ev0l$1@dont-email.me>, at 18:57:27 on Mon, 6 Oct
    2025, Alan Lee <alan@darkroom.plus.com> remarked:
    On 06/10/2025 17:25, GB wrote:
    A fine of 1% of net worth on a first offence would be a significant >>deterrent. In fact, more of a deterrent than a jail term, at least in >>prospect, although perhaps less so once the reality of being banged up
    has sunk in.

    Which would not solve anything.
    The middle classes are attending these protests, 1% of net worth when
    you live in a nice house could be u5000+.

    And if they have to sell the house to liquidate that u5k, will you
    insist the Local Authority re-house them? Similarly, could they be
    forced to give up some of their pension pot, in which case they might
    suddenly qualify for various DWP benefits.

    Then you have people at the other end of the scale on benefits, who
    have no tangible assets, and income of less than u200 a week. What
    would you fine them?
    --
    Roland Perry

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From Roland Perry@roland@perry.uk to uk.legal.moderated on Wed Oct 8 05:39:17 2025
    From Newsgroup: uk.legal.moderated

    In message <10c12qf$g5vu$1@dont-email.me>, at 19:46:37 on Mon, 6 Oct
    2025, billy bookcase <billy@anon.com> remarked:

    "GB" <NOTsomeone@microsoft.invalid> wrote in message >news:10c0qh1$dg46$1@dont-email.me...

    A fine of 1% of net worth on a first offence would be a significant >>deterrent.

    So somebody owing u15,000 on their credit cards would be fined how
    much exactly ?

    Current means-testing formulae don't recognise credit card bills as a
    negative asset.
    --
    Roland Perry

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Wed Oct 8 15:42:27 2025
    From Newsgroup: uk.legal.moderated

    On 07/10/2025 09:06 PM, billy bookcase wrote:

    "JNugent" <JNugent73@mail.com> wrote:
    On 07/10/2025 09:25 AM, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote:
    billy bookcase wrote:
    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing L15,000 on their credit cards would be fined how
    much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?
    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    Up to their available credit, surely ?

    No. Being able to borrow does not make you any richer.

    What exactly has "being any richer" got to do with anything ?

    "Being richer" has the same meaning as "having more assets".

    Having a nice easy line of credit, such as, for instance, an arranged overdraft facility, could be described colloquially as an "asset", byut
    it is not an asset which can be taken into account in calculating
    someone's worth ("worth in the sense of the value of one's assets).

    If it could be taken into account by a court as though it were either
    income (annual? monthly?) or as a geuine asset (like a house or miney in
    a building society is), the sutuation would be ridiculous and indefensible.

    Some years ago, because of the obvious fact that savings accounts cannot
    be easily accessed whilst abroad, I applied for, and got, large credit
    limits on credit cards (amounts much larger than I have ever needed) and
    a u5,000 overdraft facility on current account, never once used, but
    there if it's ever needed.

    Those arrangements did not increase the value of my assets.

    As a result of committing an offence of some kind ,someone has been fined u500 to be paid within 28 days, on the pain of imprisonment.

    They have no ready cash, but have u1000 available on their credit
    card.

    Are you seriously suggesting that they should opt to go to prison ?

    The person who has been fined can raise the money for the fine in any
    way they wish or can.

    That is not the point you previously made. You argued that the amount of credit that can be gained should be taken into account as an asset or as income *by the court* when assessing the level of the fine.

    The qua ntum of the fine as set and the means of paying it once imposed
    are two quite separate things.

    So that if they were under their credit card limit, couldn't they reasonably
    be expected to borrow the extra, to pay the fine ?

    Yes. No-one would stop them.

    But that credit facility will not have been used by the court to assess
    the defendant's income or assets when deciding the amount of the fine.

    No.

    Right. So they'd choose to go to prison instead, losing their job in the process.

    You have attributed my one word answer to a question that you had not
    asked.

    My "No" was a response to your assertion that the courts can or should
    take credit facilities into account when deciding the amont of a fine.

    Now that you (in the post to which I am responding) have introduced the
    quite separate question of whther a person can use a line of credit (of whatever type) to enable them to pay a fine, the answer to that would be "Yes".

    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000 >>
    Maybe. Who knows?

    But a line of credit is not an asset for the balance sheet.

    That's irrelevant. While the perp may have been fined on the basis of their net worth, and what they *should* be able to pay, that possibly overlooks the fact that they may be hoovering a grand's worth of charlie up their noses each month. Hence the need for a flexible friend.

    Do you know what a non-sequitur is?

    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Wed Oct 8 15:44:06 2025
    From Newsgroup: uk.legal.moderated

    On 08/10/2025 05:39 AM, Roland Perry wrote:
    In message <10c12qf$g5vu$1@dont-email.me>, at 19:46:37 on Mon, 6 Oct
    2025, billy bookcase <billy@anon.com> remarked:

    "GB" <NOTsomeone@microsoft.invalid> wrote in message
    news:10c0qh1$dg46$1@dont-email.me...

    A fine of 1% of net worth on a first offence would be a significant
    deterrent.

    So somebody owing u15,000 on their credit cards would be fined how
    much exactly ?

    Current means-testing formulae don't recognise credit card bills as a negative asset.

    Agreed.

    And except for very specific emergency procedures, they don't regard an available line of credit - of any sort - as income or asset.


    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From billy bookcase@billy@anon.com to uk.legal.moderated on Wed Oct 8 18:23:16 2025
    From Newsgroup: uk.legal.moderated


    "JNugent" <JNugent73@mail.com> wrote in message news:mknbijFsblU1@mid.individual.net...
    On 07/10/2025 09:06 PM, billy bookcase wrote:

    "JNugent" <JNugent73@mail.com> wrote:
    On 07/10/2025 09:25 AM, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote:
    billy bookcase wrote:
    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    So somebody owing L15,000 on their credit cards would be fined how >>>>>> much exactly ?

    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?
    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    Up to their available credit, surely ?

    No. Being able to borrow does not make you any richer.

    What exactly has "being any richer" got to do with anything ?

    "Being richer" has the same meaning as "having more assets".

    Having a nice easy line of credit, such as, for instance, an arranged overdraft
    facility, could be described colloquially as an "asset", byut it is not an asset which
    can be taken into account in calculating someone's worth ("worth in the sense of the
    value of one's assets).

    If it could be taken into account by a court as though it were either income (annual?
    monthly?) or as a geuine asset (like a house or miney in a building society is), the
    sutuation would be ridiculous and indefensible.


    Indeed. It doesn't make you any richer. Which you seem at pains to stress
    for some reason. But precisely because the Court won't take it into account when setting the level of the fine, if you have a line of credit than that
    may make the fine easier to pay.


    Some years ago, because of the obvious fact that savings accounts cannot be easily
    accessed whilst abroad, I applied for, and got, large credit limits on credit cards
    (amounts much larger than I have ever needed) and a u5,000 overdraft facility on
    current account, never once used, but there if it's ever needed.

    Those arrangements did not increase the value of my assets.

    Nevertheless they were of potential benefit to you.



    As a result of committing an offence of some kind ,someone has been fined
    u500 to be paid within 28 days, on the pain of imprisonment.

    They have no ready cash, but have u1000 available on their credit
    card.

    Are you seriously suggesting that they should opt to go to prison ?

    The person who has been fined can raise the money for the fine in any way they wish or
    can.

    That is not the point you previously made. You argued that the amount of credit that
    can be gained should be taken into account as an asset or as income *by the court* when
    assessing the level of the fine.

    I must confess I completely misunderstood what you meant by "other-side-of-the- balance-sheet assets.

    When what you actually meant, was simply "assets".


    The qua ntum of the fine as set and the means of paying it once imposed are two quite
    separate things.

    So that if they were under their credit card limit, couldn't they reasonably
    be expected to borrow the extra, to pay the fine ?

    Yes. No-one would stop them.

    But that credit facility will not have been used by the court to assess the defendant's
    income or assets when deciding the amount of the fine.

    No.

    Right. So they'd choose to go to prison instead, losing their job in the process.

    You have attributed my one word answer to a question that you had not asked.

    My "No" was a response to your assertion that the courts can or should take credit
    facilities into account when deciding the amount of a fine.

    Now that you (in the post to which I am responding) have introduced the quite separate
    question of whether a person can use a line of credit (of whatever type) to enable
    them
    to pay a fine, the answer to that would be "Yes".

    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000 >>>
    Maybe. Who knows?

    But a line of credit is not an asset for the balance sheet.

    That's irrelevant. While the perp may have been fined on the basis of their >> net worth, and what they *should* be able to pay, that possibly overlooks the
    fact that they may be hoovering a grand's worth of charlie up their noses
    each month. Hence the need for a flexible friend.

    Do you know what a non-sequitur is?

    Yes.

    And ?


    bb









    --- Synchronet 3.21a-Linux NewsLink 1.2
  • From JNugent@JNugent73@mail.com to uk.legal.moderated on Thu Oct 9 11:36:07 2025
    From Newsgroup: uk.legal.moderated

    On 08/10/2025 06:23 PM, billy bookcase wrote:

    "JNugent" <JNugent73@mail.com> wrote:
    On 07/10/2025 09:06 PM, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote:
    On 07/10/2025 09:25 AM, billy bookcase wrote:
    "JNugent" <JNugent73@mail.com> wrote:
    billy bookcase wrote:
    "GB" <NOTsomeone@microsoft.invalid> wrote:

    A fine of 1% of net worth on a first offence would be a significant deterrent.

    ************************************************************************************
    BB:
    So somebody owing L15,000 on their credit cards would be fined how >>>>>>> much exactly ?

    JN:
    What figure do you suggest for the other-side-of-the-balance-sheet assets of such a
    person?
    I suggest that it needs to be somewhere between u0 and u1,000,000,000.

    BB:
    Up to their available credit, surely ? ***********************************************************************************

    No. Being able to borrow does not make you any richer.

    What exactly has "being any richer" got to do with anything ?

    "Being richer" has the same meaning as "having more assets".
    Having a nice easy line of credit, such as, for instance, an arranged overdraft
    facility, could be described colloquially as an "asset", byut it is not an asset which
    can be taken into account in calculating someone's worth ("worth in the sense of the
    value of one's assets).
    If it could be taken into account by a court as though it were either income (annual?
    monthly?) or as a geuine asset (like a house or miney in a building society is), the
    sutuation would be ridiculous and indefensible.

    Indeed. It doesn't make you any richer. Which you seem at pains to stress
    for some reason. But precisely because the Court won't take it into account when setting the level of the fine, if you have a line of credit than that may make the fine easier to pay.

    Not "*won't* take it into account".

    It's "*can't* take it into account" and for the good reason that it does
    not belong to the defendant. All he can do is borrow it.

    Nevertheless, as can be seen by earlier exchanges above (see between
    rows of asterisks), you were arguing that available credit should be
    taken into account by the court when setting the level / amount of the fine.

    To be fair, you seem to have resiled from that now and are concentrating
    on the quite separate issue of whether convicted person can pay the fine
    using borrowed money. It seems that we agree that the answer to that is
    "Yes". I would add, though, that courts are usually willing to consider
    time to pay (effectively, instalments) in any case where the person
    fined doesn't personally have the resources to pay immediately.

    Some years ago, because of the obvious fact that savings accounts cannot be easily
    accessed whilst abroad, I applied for, and got, large credit limits on credit cards
    (amounts much larger than I have ever needed) and a u5,000 overdraft facility on
    current account, never once used, but there if it's ever needed.

    Those arrangements did not increase the value of my assets.

    Nevertheless they were of potential benefit to you.

    True. Any available line of credit is "of potential benefit". Perhaps an
    even better word is "advantageous". Many people, myself included, use a
    credit card for everyday purchases and expenditure and pay it off at the
    end of the month. It's borrowing, but not as some might understand it.
    The system merely removes the need for carrying (much) cash or a
    cheque-book (remember them?) and also helps in keeping track of what's
    been spent.

    As a result of committing an offence of some kind, someone has been fined >>> u500 to be paid within 28 days, on the pain of imprisonment.

    They have no ready cash, but have u1000 available on their credit
    card.

    That person should definitely ask for time to pay (see above). It will
    not be unreasonably refused by the court if convinced of the truth of
    the request.

    Are you seriously suggesting that they should opt to go to prison ?

    The person who has been fined can raise the money for the fine in any way they wish or
    can.

    That is not the point you previously made. You argued that the amount of credit that
    can be gained should be taken into account as an asset or as income *by the court* when
    assessing the level of the fine.

    I must confess I completely misunderstood what you meant by "other-side-of-the-
    balance-sheet assets.

    When what you actually meant, was simply "assets".

    Fair enough. A loan is not an asset. It shows as a liability.

    The quantum of the fine as set and the means of paying it once imposed are two quite
    separate things.

    So that if they were under their credit card limit, couldn't they reasonably
    be expected to borrow the extra, to pay the fine ?

    Yes. No-one would stop them.

    But that credit facility will not have been used by the court to assess the defendant's
    income or assets when deciding the amount of the fine.

    No.

    Right. So they'd choose to go to prison instead, losing their job in the process.

    You have attributed my one word answer to a question that you had not asked. >>
    My "No" was a response to your assertion that the courts can or should take credit
    facilities into account when deciding the amount of a fine.

    Now that you (in the post to which I am responding) have introduced the quite separate
    question of whether a person can use a line of credit (of whatever type) to enable
    them to pay a fine, the answer to that would be "Yes".

    Whereas for some unknown reason, I assumed they'd be maxed out at u15,000

    Maybe. Who knows?
    But a line of credit is not an asset for the balance sheet.

    That's irrelevant. While the perp may have been fined on the basis of their >>> net worth, and what they *should* be able to pay, that possibly overlooks the
    fact that they may be hoovering a grand's worth of charlie up their noses >>> each month. Hence the need for a flexible friend.

    Do you know what a non-sequitur is?

    Yes.

    And ?

    Have a little think about it.


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