Unlawful Detention & Habeas Corpus

If you are an activist then you are highly susceptible to arrest by the police who claim to have an array of powers over you. Yes we know about Article 61. Yes we know about ‘lawful excuse’ and yes we know that the police cannot lawfully arrest us for a statutory offence unless what we did was also a common law crime.

cell-webHere’s the problem. The police do not know. They should know. Some do know but are told by their peers or superiors to ignore it because it does not exist or is not true. What are they going to do, refuse an order from a superior officer? Yes, they should refuse but it is their career on the line and not everyone has impeccable morals. Most of the police who were good, honest and respected their Oath have been pensioned out and replaced by psychopathic or non-empathic bullies, trained in the magic art of intimidation.

Stalwarts of lawful rebellion argue that we can never, EVER give credence or jurisdiction to the UK’s (non)courts. As a purist I am inclined to agree however, what happens when you are arrested? You’ve maybe been tasered (soon all UK police will carry these), dumped in a cell – quite possibly on a bogus charge. At this point arguing the merits of Article 61 will be of practically no value as no one around you will be inclined to listen! They certainly will not be intimidated by it!

In this situation then, our primary concern is to get out. Once we are out we can begin proceedings for kidnap, assault, misconduct, malfeasance, treason, etc. and use Article 61 to reject summons, court, sentence etc. But we need to get out!

Now, whether you like it or not, if you are in custody, you are in their system. The only way you are getting out to see the light of day is to use their system to get you out. We do not know of any instance where, once in custody, someone has successfully used A.61 to be released – if you know different please let us know ASAP as this is important! A.61 is an unassailable defence but to our knowledge no detainee has used it (yet).

So, into their system we must go. Now here’s the rub: We can use A.61 to defend just about any legal process. If however we are gong on the attack – we have no choice but to engage into the legal realm and use their system. In this realm there are bounds; limits and they (police, court, judge etc.) are obliged by their roles to obey statute law and the regulations imposed upon them. Enter habeas corpus.

Habeas Corpus

“you should have the body”

keep-calm-and-habeas-corpusMost of us in lawful rebellion were under the impression that habeas corpus would be lost to us, November 1 2014 due to our further integration with Europe. Fortunately things have moved exceedingly slowly in this department and for the time being habeas corpus still exists – and thank heavens for that. This is a simple writ which requires your captor to bring you to court and for a judge to decide if your detention is lawful. Needless to say, if you clonked a copper over the head with a leg of pork, habeas corpus will not be much use – you are there because you harmed another individual (or more than one). If however you are there because a copper didn’t understand (or chose to ignore) the rules regarding breach of the peace, your detention should come to an end pretty quickly!

Now, if you have a duty solicitor this will be a simple transaction – you get him or her to make it clear to your captor that your captivity is unlawful or write up the writ and submit it to the High Court.

If however the police are using subversive tactics – like their unlawful powers under the various terrorism “laws” or mental health as an excuse – and moreover they are detaining you without reasonable explanation, then it is time to play hard-ball wit them. This is your next move:

  1. You REQUIRE to see the Custody Sergeant. Don’t ask, only children ask. If you ask you will be told ‘NO!’ Nor do you demand to see the CS as this is creating controversy and might even earn you an off- camera slap. You can however REQUIRE. This is not controversy, this is exercising a right.
  2. You REQUIRE the Custody Sergeant go to court to get habeas corpus. The CS cannot refuse you as this is your unalienable right. As long as you are in detention, your captors have a duty of care. As long as they have this duty of care, they have an obligation. Neglect on its own is just neglect. Neglect under a duty of care is a whole other affair and brings with it responsibility and duty and in police detention, the police discipline codes…!
    Maxim of law: Great fault is great negligence. Great negligence is fraud.
  3. Your trip to court should not take too long whereupon you can either lay an information for a crime against you, or use A.61 as your get out of detention free card. Of course you could just argue that the arrest was unlawful.
[Devil’s Advocate]

“OK. I’ve been plucked off the street for protesting about terrorism laws and the police have detained me, put me into a mental institution and forcibly medicated me. How the hell am I going to apply for habeas corpus???”

— And before you turn round and say what a load of bullshit – I personally  know half a dozen people who have had this happen to them between 2012 and now – and have heard of countless more whom I don’t personally know.

I strongly recommend that if you are a front-line activist, you prepare for this eventuality. Never believe it won’t happen to you. .  . Never.

Power of Attorney

If you are an activist (or even if you are not but just joined a group with intention to protest about something) then you will most likely be part of a small group of people, probably friends. In this case your best option is to create a limited power of attorney for each other so that if you are detained and disappear off the radar, someone can come into “their” system and get you out – or at least find out what is going on. More about this on its own page.


 

Origin of Habeas Corpus.

William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I. However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. Blackstone explained the basis of the writ, saying “The King is at all times entitled to have an account, why the liberty of any of his subjects is restrained, wherever that restraint may be inflicted.” The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, following judicial rulings which had restricted the effectiveness of the writ. A previous law (the Habeas Corpus Act 1640) had been passed forty years earlier to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus.

Notice of motion for write of habeas corpus

habeas corpus

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