Hi all I have some time to myself at work so thought I would answer some of your quires. I am as I think I have mentioned in at least one of my posts (if not I apologise I write so much everyday) a barrister (not a solicitor NEVER CALL ME A SOLICITOR!!!
) now I know that this means that many of you will hate me now and that makes me sad but it is unfortunately the case. I would go into the role of a barrister but I am concerned that this will totally change this thread so I will when I get time write a new thread in the general forum about me so everyone can put their view and say what they like (if anyone wants to start this so it can get started feel free.) Now to some of the questions raised.
The first duty of any legal representative (barrister/solicitor) is to their client. This is enshrined in law and their are severe penalties for breaking this. There is a duty solicitor at court to offer legal advice (again enshrined in law) and to arrange for legal representation if necessary (you would be amazed at how many people turn up and haven't thought about it.) Duty solicitors and those on the defence team DO NOT get involved with anything to do with prosecuting people or the disposal (sounds so nice)of those convicted. If this were necessary then their are more then enough legal people there on the prosecutions team.
You are certainly correct to say that you do not have to have a solicitor/barrister and many people do represent themselves very successfully, just as you are correct to say that there is a remedy in statutes if you take the time to look (this is what I have said many times). My point was addressed to those who think they can send a statement to court and not turn up thinking that this will work. It won't as it is in effect a one sided argument.
I agree whole heartedly that paperwork and evidence is vital but I stand by what I said that if any statements are used they must be spoken in court to be admitted unless both sides agree to the content. This is so that both sides can question it. And if the person does not turn up then unless it has been excepted by the other side there statement will not be admitted.This of course works wether they are a prosecution or defence witness. Obviously it goes without saying that if you have had no notification or summons then you can contest the charge.
I do however have a question. Where is it that it is written that statutes and legislation are not laws? or is this personal opinion.