Re: UK PROSECUTIONS discussion

[Tom W]

I know this isn't a prosecution but it lists all notices http://www.hantsfire.gov.uk/enforcement-0809

[Big A]

I'm told that a national register isn't too far away.

[colin todd]

Piglet, These registers of enforcement notices are fun to read arent they. I am not sure why you single out Hampshire, but it is fascinating to note that during 2008 Hants issued 87 enforcement notices, while Essex, a county with a slightly higher population issued 13.  According to my calculations, the probability of this being random variation has so many zeros after the decimal point that my calculator will only approximate it to zero. This means that there is some very very significant difference between Hants and Essex. It could be of course that Hants is a very dangerous place to live and not simpy, as I previously thought, painfully boring. I nearly bought a house in Hants in 2006, and clearly had a near miss in terms of the shopping, eating and drinking I might have otherwise have enjoyed in the county. It could of course be the result of all sorts of other factors, such as good enforcement by one or other of them in accordance with the Enforcement Concordat, whereby you are supposed to be nice to people rather than always give them a good kicking, but far be it from me to make such a gross assumption.

[hammer1]

Could someone point me in the right direction in regards to a enforcement register for London please. Would be fun to read

[jokar]

No there isn't one.  However, about 2000 enforcement notices since 1 October 2006.  Also a number of high profile prosecutions.

[val]

Big A is correct about the national register, hosted by CFOA. Unfortunately by the time it is tested and populated it could be 6-12 months. Big job, no money!
Should just be ready in time for the BERR/LBRO register of 'the very few enforcement notices which escape the primary authority scheme' to take over.

[jasper]

would we be allowed to put the prosecutions on our websites, like an if you don't have a fra this can and has happened? 

[jokar]

The point being?  An FRA is a snapshot in time, what happens after that is down to the management of the premises.  If they get it wrong they end up with a large fine.

Not the assessors problem or the enforcers but those who are accountable and responsible in law.

[Princess]

Messy

Legend(lej′ənd)

noun

a story handed down for generations among a people and popularly believed to have a historical basis, although not verifiable (yourdictionary.com)

a romanticized or popularized myth of modern times (The freedictionary.com)

a traditional historical tale (or collection of related tales) popularly regarded as true but usually containing a mixture of fact and fiction (About.com)

Perhaps this case has become a legend in its own lunchtime?


Princess

[colin todd]

Anthony B, Big A and Messey. In view of the totally incorrect and unfounded allegations in these posts, the thread is currently under consideration by solicitors, details of whom can be provided if required.  As the matter is therefore now sub judice, I cannot respond other than to enlighten Messey in particular of the role, and duties, of an expert witness, as clearly he is ignorant of such matters.

1. It is common practice, in cases such as these, for the Defendants (and, as in this case, the prosecution) to appoint expert witnesses.

2. An expert witness is not permitted to act as an advocate for either party, and their evidence would be dismissed (case law suggests dismissed in total) should he/she try to do so.

3. The sole duty of an expert witness is to advise the Court. No duty is owed to the instructing party(ies).

4. An expert witness report must be totally impartial, while advising the Court on the evidence presented to it.

5. By law, an expert witness report must contain a statement that the expert understands that his duty is to serve the Court, and that he has complied with that duty.

6. An expert witness report must, by law, contain a statement of truth that opens the expert to proceedings for perjury should any fact or statement be shown to be untrue.

7. Courts prefer the experts from each side to prepare a joint and, as far as possible, fully agreed report.  This originally emanated from reforms of the justice system in civil law, as part of the Woolf reforms that were intended to take away the adversarial approach to justice.


While, as noted above, I am restrained from making any more specific comment on this case, with regard to Big A's allegation that the Defendants in this case did not plead guilty, it is within the public arena that the Defendants did plead guilty to the offences for which they were fined.

[FireNet]

As this thread is being monitor by legal represensitives can I asked that all future corrispondence between interested parties is made through Email or Private Mail.
Thank You
Colin Simpson
FireNet Administrator

[FireNet]

This topic has now been unlocked by request
Colin Simpson

[jokar]

Is that:-

Expert - ex as in hasbeen and spurt as in drip under pressure?

[colin todd]

My response above now makes no sense as, strangely, subsequent to the post, three posters deleted their posts, all of which contained incorrect information in relation to a prosecution case. One post made serious and incorrect allegations in respect of sworn expert witness written evidence in a Crown Court case, which is the matter currently under consideration by lawyers. The poster stated that he had "heard" the information, which suggests to me that the incorrect information came from serving employees of the enforcing authority involved. Information on this source is awaited, as it is likely that, at the very least, a formal complaint to the enforcing authority will be appropriate.

[kurnal]

Colin I followed the postings involved and can understand your position but ........

Clearly we who are paid for our services have no ownership of the work we carry out and cannot reveal information or breach any client confidentiality (thats if we want to stay in business and out of jail.) That is a frustrating position to be in , to have knowledge but be unable to express it and to dispel rumour or speculation that is wrong or unfair.

Our silence can also be frustrating for those who have not thought it through, who in this case have not put themselves in your shoes and who may see this forum as a direct route to probe, theorise or explore rumour.   Wherever there is a vehicle  for discussion then every one of us will sometimes be unhappy with the direction or content of the discussion. I strongly believe in the benefits of free speech even when it hurts provided its not injurious, illegal or slanderous. This freedom of spontaneous expression is useful and refreshing most of the time and it would be a real shame if it were to be stifled because we have to keep looking over our shoulder to see if the lawyers are making notes.