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(not satire – it’s the UK today!)
(UPDATE: soon after this blogpost was published, the MoJ decided to take down the offending document from the gov.co.uk website. But you can still see a copy I made by clicking here.)
The Ministry of Justice has produced what it calls an “easy to read” guide for defendants who are going to a Crown Court trial.
However, the MoJ – in a rather patronising bid to simplify its explanations as much as possible – seems to have reversed one of the most basic principles of law: that in a Crown Court the burden of proof lies with the prosecution and not with the defendant:
Mind you – with nearly a quarter of defendants who are sentenced not having a fair trial due to government cuts to legal aid – it may be easier to just presume people who can’t afford a lawyer are guilty and do away with any pretence of justice in UK courts altogether.
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Please feel free to share. And comment.
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The Coalition Government Colouring and Activity Book is now available for download as a PDF and in print:
Pride's Purge 
Pingback: Ministry of Justice reverses burden of proof in advice to defendants | Alternative News Network
Has we know two laws running side by side norman law still alive
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Very surprised by your lack of insight here and failure to review it against previous ‘simplifications!
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Boris has already proposed this in the case of ‘returning Jihadis’. If it WAS started there, a fewer would object, it would spread quickly. Already we have the injustice of non jury trials. Recently a date has been set for an online blogger and journalist to face ‘trial’ on charges that, connected to his work as a journalist, he harassed someone. No complaint was made to him and no civil action was taken against him. For some reason the police stepped in to make this a criminal matter. He faces up to 2 years in prison for acting no differently to any other journalist. Strangely there has been no publicity for the case. Cameron said he is against the arrests of journalists in Turkey, Egypt and Syria and has spoken out about the Saudi Arabian blogger sentenced to 1000 lashes. He also spoke in support of Charlie Hebdo’s “right to offend”. He changed his mind when he got off the plane. Its hard to be sympathetic the journalists, especially if you don’t agree with the story. But, regardless of that, free speech, without fear of arrest, should be guaranteed to all journalists. I don’t agree with much of what he writes but Chris Spivey shouldn’t be facing jail. Reminds me of the old USSR and how dissidents would disappear and serve time in the Gulags..
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Reblogged this on Beastrabban’s Weblog and commented:
This is ironic, considering that it’s the 800th anniversary of Magna Carta, and its clauses limiting the arbitrary powers of the state, and guaranteeing the right to a fair trial. But please, see also in this thread ‘Gary’s’ comment about non-jury trials and the forthcoming prosecution of journalist and blogger Chris Spivey for harassment, despite the fact that no complaint was made about him, and he has not been prosecuted under civil law.
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Reblogged this on sdbast.
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The “guilty unless proven innocent” already applies to illegal immigrants, who acquire that status without any proper legal process and can be rounded up on the strength of it and put into camps.
Like most British people, I haven’t the foggiest what happens to them once in there.
I understand that they are then deported, unless:-
1. They can somehow prove it was a mistake, or a really unfair thing to do. This is similar to the 18th century process of recovering people picked up by the Press Gang. It can sometimes be done, especially if you are aided by a local Squire or similar dignitary.
2. The person is infamous for inciting racial hatred and encouraging people to perform acts of terrorist murder. In that case Theresa May will be conspicuously unable to deport him, and the Daily Fail will run articles claiming that this was because he owned a cat. The Daily Fail will couple this with demands that our laws on immigration and human rights be toughened up. By this, they mean extending the lack of human rights currently enjoyed by “suspected” illegal immigrants to other “suspected” categories of people.
The only thing that stops this being a terrifying assault on human rights is the competence and compassion with which our Government and companies like G4 carry out their policies.
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Reblogged this on Blinded by the Darkness.
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Can we get this statement of MOJ changed, as its bad enough, now not having any legal advice, or representation, without the public being incorrectly informed, that they have to say or prove anything.
The prosecution has the legal burden to prove every fact in issue of the offence, and disprove most defences.
Without those that assert having to prove, we really have a state that can say or do to the individual what it wants… irka 2015 Britain.
And we also have a right to silence.
Surely someone can do something about this.
Things are bad enough with not being allowed to enforce the law, but now they are making it up, and deliberately misleading the public. And they are the Ministry of Justice.
1984 ministry of constitutional affairs.
I lectured the topic of burdens and standards to undergrads, and would be solicitors on solicitors final, and am a solicitor…..
If you googling finolamoss wordpress, you’ll see the LA assert abuse by parents without proof in secret in care and court of protection so much worse.
A care worker has just effectively alleged I punched my 18 year old autistic daughter in the stomach…. without proof just her word of a red mark size of a fist…
So without the principle of ‘he who asserts must prove’ anyone can make anything up—1984….. .
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same as in the WCA, where one has to prove one has symptoms of diagnosed and/or undiagnosed medical conditions..trial by ordeal..
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Reblogged this on Notes from the north.
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well if someones acused of a crime there guilty if they wernt they wouldn’t be accused.
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Give it another 5 years of the Tories, and we’ll be back to ducking stools………..accused by neighbours, administered by the Lord of the Manor……..
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Tom it rather depends if you are a VIP child sex offender in which case you are automatically considered innocent by your chums and mates in press and ” campaigners for exonneration and deification of VIP child sex offenders’
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Everyone is entitled to free speech and the right to offend, according to our unelected prime minister, unless you live in Britain and don’t agree with the ‘official’ version of events as a previous poster has mentioned regarding Chris Spivey.
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Reblogged this on Britain Isn't Eating.
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Pingback: Ministry of Justice reverses burden of proof in advice to defendants – Pride’s Purge | Vox Political
There is a parallel document explaining the Magistrate’s Court for people explicitly for those with learning difficulties. It too says that you will have to tell the Court that you did not do the crime, but assumes that a person with learning difficulties does not need a legal advisor.
It aslo goes on about the searches before you get in. Well, whatever they find important!
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Is not the latest ‘advice’ regarding rape cases a further step along this very slippery road? “You are not obliged to say anything unless you wish to do so”. The (part)caution required to be given to every arrested person (unless we allege that you have raped someone and then you have to tell us how you thought the victim was desirous of sexual intercourse).
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Being unemployed is a crime now it seems hence a ” crack down” on jobless
Stupidest story today : the word “HERE” seems to be copyrighted since Nokia are threatening to sue a company who created a phone app called HERE and since nokia already have a similar app they are talking about suing the rivals
Add to that an american pop star is also copyrighting words and phrases
” party like 1989″
For example i hope this does not become a trend copyrighting language
Signed bobchewie (TM)
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Re: copyright of words and phrases
Will we see such terms as ” word theif”
“Language theft”
Criminal gangs in wholesale paragraph
robbery
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Chapter trafficking worldwide crime says Minister of Wordage
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Just been reading Chris Spivey’s website: http://chrisspivey.org
Most impressed – I can why see corporate interests and their lackeys want to shut him up.
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Tons of counterfeit words were found to have been manufactured by Hong Kong bribed wordsmiths operating in the underworld it was said today in the Daily Babble
“Even complete books were found ..some by willy “the bookworm ” shakespeare..” said a reliable nark who admitted to dealing in dodgy dictionaries and bibles
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Looks like someone at the MOJ is awake at 21:15 on Saturday 30 Jan! The link is now a 404 page error. If you search for Guide for Defendants on the Gov.uk site, the easy read version doesn’t show the example in the blog.
Having said that, it does look to me as though all these muslim women who don’t wear the full burka are all solicitors!
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Police found a hoard of soliloquys today using sniffer dogs…a met spokesman today ” after months of investigation using word association software systems we finally tracked this down. He went on to say….
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@wildswimmer i can see why the likes of twitter might considering his exposure of online paedos a while back that appeared on twitter it was in the newspapers
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Reblogged this on BertieS.
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