Must a magistrate sign a court summons?!

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Re: Must a magistrate sign a court summons?!

Postby NickMystery » Tue Mar 09, 2010 9:08 pm

Thanks for your reply indigonick. That's a good point... How it works in practice is maybe another matter (as seems to be the case with a lot in our legal system)! Cheers JennyBN. I can't really take much credit for that letter. It's a combination of a couple of good templates I've stumbled upon + a little bit of extra blurb that I thought was relevant. I agree that there's a good chance that my letter wasn't submitted at the court case, but I'd argue that if it comes to light that they didn't submit it, then that'd probably strngthen my case in the long run, as they've not followed proper procedure and the trial wasn't fair (not that it was to start with anyway!).
I agree that it is odd that if the person/human distinction really can work, you'd have thought there'd be lawyers out there using it (and getting paid loads!) to get celebrities and other rich folk off the hook. I do worry that if there aren't lawyers out there who've figured out how to work this take on the law to their advantage, then how the hell am I gonna make it work to my advantage..?!
Good luck with your fight against them Jenny. Fair play for being prepared to go to jail over it. You're right, if enough people simply say NO then they're screwed...
Anyway, I'm going to serve them this second affidavit tomorrow. I'm struggling to establish for certain what the correct procedure is though. No one seems to know if 2 witnesses is sufficient for it to stand up in court...
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Re: Must a magistrate sign a court summons?!

Postby UniqueJames » Thu Apr 29, 2010 10:17 pm

no one has answered your question on the feed,

Is a summons ONLY valid with
1) A royal seal
&/or
2) a wet signature from the clerk/magistrate..???

and what happened in the end?
:)
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Re: Must a magistrate sign a court summons?!

Postby stonefree » Mon Apr 16, 2012 6:35 pm

Thanks for the letter template Nick - what was the outcome or any update please? I just received a speeding summons JUST 12 DAYS BEFORE THE COURT HEARING!!!
the real fools are those too afraid of looking foolish
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Re: Must a magistrate sign a court summons?!

Postby Tampinu » Wed May 30, 2012 12:27 am

NickMystery wrote:Hi,
I'm new to this forum. I saw John Harris's 'It's an Illusion' video recently following a friend's recommendation and was blown away! I've been reading the news articles on this website since, and Barry Family's case RE Council Tax and the malpractice of the "authorities" involved made me question a recent court summons I received...
Anyway, here's my story. I hope someone can help offer some advice...
A police car recently followed me and randomly did a PNC check on me whilst I was driving through Exeter city centre late at night. I only bought the car in October 2009 from a mechanic, who had checked the car thoroughly and deemed that it was road worthy before selling it to me. I was faintly aware that the MOT had run out on it (on December 1st 09), but hadn't got round to renewing my MOT (entirely my fault, I must admit). I got pulled over, questioned in the back of the police car and got cautioned for driving without a valid MOT on my car.
(Having since watched John's video, perhaps I shouldn't have told the officer who I was, but I did. Out of interest, does anyone know if police can use refusing to give your name as a reason to search you? And if they do, and find a form of ID in your wallet, can they use that as joinder to identify you with?)
I've received a court summons for this offence the other day. I'm interested in fighting my case, as I resent the idea of having to pay a hefty fine and getting a criminal conviction for such a trivial matter (I feel no guilt or remorse morally speaking, as I know the car to be safe to drive).
I noticed the statement quoted below in the news article on this website about Norm & Steve's ( of the Family Barry) case with regards to Council tax:
"It must also be noted with urgency, that the signature on the summons, is the same as the signature on the Liability Orders – that of the CLERK TO THE JUSTICES – Not even BY the magistrate!!!"

Is it illegal or unlawful for a court summons not to be signed by a magistrate? My court summons has only T.A.M. SMITH printed on it (not even signed), with the title, Justice's Clerk printed below.
Another document that arrived in the envelope was entitled "Notice to Defendant: Proof Of Written Statement" and had written at the bottom of it
Address any reply to:-
Amanda Jayne DAVIES
Orange Team - Argal House
ARGAL HOUSE
Peninsula Park Rydon Lane
Exeter
EX27NT
and was signed (presumably by Amanda- it was a squwiggle) with the words (on behalf of the prosecutor) printed below.
Could she be the magistrate?!
If they haven't followed the correct procedure in terms of issuing me with the summons, does that strengthen my case?
On another note:
In the witness statement from the police constable, I noticed that he described my Vehicle as a "Blue Ford Escort". It is in fact a Vauxhall Astra. They refer to it as a Vauxhall under the Offences section of the sheet of paper entitled "Summons". In both references, they do list the correct registration number for the car.
Again, are such discrepencies relevant?
I'm debating whether to seek legal advise and try and fight my case, or whether I should just pleed guilty and accept the fine, points on my licence & criminal conviction that will most likely ensue.
Thanks for taking the time to read this,
Nick



I dont know about summons but if it is a judgment/order from the court, it has to be signed by a Judge in order for a party to be able to 'appeal' such an order/judgment. (See below: From CPR-Practice direction 52-Appeals)

Suitable record of the judgment
5.12

Where the judgment to be appealed has been officially recorded by the court, an approved transcript of that record should accompany the appellant’s notice. Photocopies will not be accepted for this purpose. However, where there is no officially recorded judgment, the following documents will be acceptable:

Written judgments

(1) Where the judgment was made in writing a copy of that judgment endorsed with the judge’s signature. :geek:

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“Whoever may be guilty of abuse of power, be it Government, State, Employer, Trade Union or whoever, the law must provide a speedy remedy. Otherwise the victims will find their own remedy.” (Lord Denning), 23 January 1899 – 5 March 1999.
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