caught 124 mph in a 50 advice?
Discussion
Breadvan72 said:
matchmaker said:
Breadvan72 said:
Assuming that any of this happened, there is no defence of entrapment in English law. I would be surprised if the position in Scots law were different. The best that a defendant can hope for is a finding that prosecution would be an abuse of process because of unfair action by the state. This finding results in a stay of the proceedings (in Scotland that might be called a sist).
An abuse of process argument would get nowhere in a case of "I thought another biker wanted a race". Indeed, running that line would make the position worse.
A sist is in civil proceedings. In criminal proceedings a course of action might be desertion pro loco et tempore.An abuse of process argument would get nowhere in a case of "I thought another biker wanted a race". Indeed, running that line would make the position worse.
Edited by matchmaker on Sunday 22 October 22:55
k did you stop for? matchmaker said:
codenamecueball said:
Why would the magistrate want to see him when we don't have them in Scotland?
I know. First stop Edinburgh Sheriff Court, second stop Saughton Prison.
You might find yourself being dealt with by a Sheriff under Summary Procedure but I don't know how likely that would be.
Both JP and Sheriff courts for Lothian (which includes Edinburgh) are located in Livingston - http://www.scotcourts.gov.uk/the-courts/sheriff-co...
Red Devil said:
matchmaker said:
codenamecueball said:
Why would the magistrate want to see him when we don't have them in Scotland?
I know. First stop Edinburgh Sheriff Court, second stop Saughton Prison.You might find yourself being dealt with by a Sheriff under Summary Procedure but I don't know how likely that would be.
Both JP and Sheriff courts for Lothian (which includes Edinburgh) are located in Livingston - http://www.scotcourts.gov.uk/the-courts/sheriff-co...
https://www.scotcourts.gov.uk/the-courts/court-loc...
matchmaker said:
Scots law has more than its fair share of Latin phrases. It is surprising how much Victorian law is still relevant - back in the 1990s I was looking for an interlocutor (more Latin!) to arrest an oil tanker. I found it in an old book in my office - "Forms for sheriffs and sheriff-clerks" by Geo. Sellars, Sheriff Clerk of Lanarkshire. Dated 1882!
Whilst obscurity for its own sake is a bad thing, I see no reason why a learned profession should not use some learned shorthand, and neither Scots nor English lawyers use as much Latin as our American and European counterparts. Since the Woolf Reforms, it has become customary if saying something in Latin in an English Court to preface the Latin with "in the forbidden language". You then usually provide a translation anyway. Silly, but harmless fun. I like the particular Scots terminology of the civil Courts. Demurrers, interdicts, proofs before answer, and all that.
Having said that, I am a Nazi for the use of plain English in legal writing and the elimination of long lists, duplication of words and so on. Use of legalese is often a sign of unconfident lawyering.
matchmaker said:
Scots law has more than its fair share of Latin phrases. It is surprising how much Victorian law is still relevant - back in the 1990s I was looking for an interlocutor (more Latin!) to arrest an oil tanker. I found it in an old book in my office - "Forms for sheriffs and sheriff-clerks" by Geo. Sellars, Sheriff Clerk of Lanarkshire. Dated 1882!
So what had the tanker done? Edited by matchmaker on Sunday 22 October 22:55
TVR Moneypit said:
MDMA . said:
Wilkos are doing sachets of KY Jelly at the moment. Saves taking the tub into the showers
Reception staff at your local HMP wouldn't let you take that in. They'd be stored in your 'prop' for when you get released.
Don't worry though, you can buy small tubs of Nivea on the canteen for £1.89.
Seriously though, I'd be prepared for the worst. What's the name of your nearest CAT-B local? If you let me know I might be able to tell you what its like?
Good luck.
You love the celebrity aspect of being a convicted criminal don't you?
AW111 said:
matchmaker said:
Scots law has more than its fair share of Latin phrases. It is surprising how much Victorian law is still relevant - back in the 1990s I was looking for an interlocutor (more Latin!) to arrest an oil tanker. I found it in an old book in my office - "Forms for sheriffs and sheriff-clerks" by Geo. Sellars, Sheriff Clerk of Lanarkshire. Dated 1882!
So what had the tanker done? Edited by matchmaker on Sunday 22 October 22:55
matchmaker said:
Arrested in the civil sense, not criminal. The owners of the tanker were being sued for non-payment of mooring dues ( I think - it was a long time ago). A civil arrestment means that the ship is not allowed to leave port until a suitable sum is lodged with the Sheriff Clerk as a bond
Thanks.So effectively it was illegally parked and you had it clamped
QBee said:
matchmaker said:
A sist is in civil proceedings. In criminal proceedings a course of action might be desertion pro loco et tempore.
Pro loco et tempore......summoned to arrive by train on time?matchmaker said:
codenamecueball said:
Why would the magistrate want to see him when we don't have them in Scotland?
I know. First stop Edinburgh Sheriff Court, second stop Saughton Prison.AW111 said:
matchmaker said:
Arrested in the civil sense, not criminal. The owners of the tanker were being sued for non-payment of mooring dues ( I think - it was a long time ago). A civil arrestment means that the ship is not allowed to leave port until a suitable sum is lodged with the Sheriff Clerk as a bond
Thanks.So effectively it was illegally parked and you had it clamped
shakotan said:
I believe the point he is making is that this highlights the fact it is a troll post, as someone in Scotland would never say Magistrate as it's not a commonly used term when dealing with the Courts.
Although being pedantic magistrates in England and Wales are also justices of the peace. I still think, however, that the OP was trolling and that it is not he who has been done for the hoonage in question.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff