Tag Archives: harassment

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Court Staff, Court System, Definitions, Legislation, Police Constables

Theft

The Theft Act 1968 is an Act of the Parliament of the United Kingdom. It creates a number of offences against property in England and Wales. On 15 January 2007 the Fraud Act 2006 came into force, redefining most of the offences of deception.

In England and Wales, theft is a statutory offence, created by section 1(1) of the Theft Act 1968. This offence replaces the former offences of larceny, embezzlement and fraudulent conversion.[17]

The marginal note to section 1 of the Theft Act 1968 describes it as a “basic definition” of theft. Sections 1(1) and (2) provide:

1.-(1) A person is guilty of theft, if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
(2) It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

Sections 2 to 6 of the Theft Act 1968 have effect as regards the interpretation and operation of section 1 of that Act. Except as otherwise provided by that Act, sections 2 to 6 of that Act apply only for the purposes of section 1 of that Act.[18]

Section 4 – “Property”

The definition of property is “any property including money and all other property, real or personal, including things in action and other intangible property”

Section 6 “Intention to permanently deprive”

This section provides that the defendant in order to be guilty of theft had the intention of permanently depriving the other of the property.

The Theft Act 1968 describes property as including money and all other property, real or personal, including ‘things in action’ and other intangible property. When a case involves cheques or funds in bank accounts, it is important to identify and analyse exactly what has taken place. Prosecutors should carefully examine bank account details. It may be necessary to ask the police to obtain further evidence or information before deciding on the appropriate charge.

Main source: http://www.cps.gov.uk/legal/s_to_u/theft_act_offences/

The theft of someone’s home without full and complete facts and evidence and the full accounting allowing for the fact the home owner was the originating creditor is therefore a criminal offence and not a civil one.

So why do Police Constables completely ignore this fact?

#VOIDMORTGAGE

 

Articles, Police Constables

Hundreds of police officers sign open letter …

More than 600 serving police officers have signed a damning open letter warning another Tory-led government will “further endanger public safety” and leave the force “perilously close to collapse”.

It is the biggest ever criticism of government policy by frontline officers – despite them being banned from taking an active part in politics.

And it will further undermine David Cameron’s Tories’ credibility as the party of law and order.

The unprecedented intervention came in response to the coalition Government slashing the police budget by around 26% over the last five years, at a cost of 35,000 officers.

The letter states: “The police service is in crisis. Numbers are falling. Experienced officers are leaving (or planning to leave) in their droves.”

And it claims cuts to the force “will send a negative message about Britain being a safe place to live and do business and it will put economic recovery at risk”.

Former Met Det Chief Insp Peter Kirkham wrote the letter after reading one by business leaders outlining their concerns about a Labour government coming to power.

The letter has been signed by more than 1,000 policing professionals, including retired officers and police staff. Among them are 423 PCs and DCs, 188 sergeants, 50 inspectors up to Det Chief Insp level and four superintendents.

But senior officers have condemned the letter. Gareth Morgan, Avon and Somerset temporary Deputy Chief Constable, tweeted: “My advice to all serving officers would be to stay well clear of campaigns and lobbying. It’s the law after all.”

Full article and letter at http://www.mirror.co.uk/news/uk-news/hundreds-police-officers-sign-open-5562385

 

It would be nice if Constables stood shoulder to shoulder with rest of us when a house is stolen.

It will be too late when all the forces are privatised and many of you lose your jobs and then your home …

 

#VOIDMORTGAGE

 

 

Bailiffs & High Court Enforcement Officers, Bank/Building Society Staff, Case Law, Court Staff, Court System, Estate Agents, Legislation, LPA Receiver, Police Constables

Criminal Justice and Courts Act 2015

Dear Constables please wake up to this NOW

 

26Corrupt or other improper exercise of police powers and privileges

(1)A police constable listed in subsection (3) commits an offence if he or she—

(a)exercises the powers and privileges of a constable improperly, and

(b)knows or ought to know that the exercise is improper.

(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

(3)The police constables referred to in subsection (1) are—

(a)a constable of a police force in England and Wales;

(b)a special constable for a police area in England and Wales;

(c)a constable or special constable of the British Transport Police Force;

(d)a constable of the Civil Nuclear Constabulary;

(e)a constable of the Ministry of Defence Police;

(f)a National Crime Agency officer designated under section 9 or 10 of the Crime and Courts Act 2013 as having the powers and privileges of a constable.

(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—

(a)he or she exercises a power or privilege of a constable for the purpose of achieving—

(i)a benefit for himself or herself, or

(ii)a benefit or a detriment for another person, and

(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.

(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6)The first case is where—

(a)the police constable fails to exercise a power or privilege of a constable,

(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

(7)The second case is where—

(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,

(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.

(8)An offence is committed under this section if the act or omission in question takes place in the United Kingdom or in United Kingdom waters.

(9)In this section—

  • “benefit” and “detriment” mean any benefit or detriment, whether or not in money or other property and whether temporary or permanent;

  • “United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

(10)References in this section to exercising, or not exercising, the powers and privileges of a constable include performing, or not performing, the duties of a constable.

(11)Nothing in this section affects what constitutes the offence of misconduct in public office at common law in England and Wales or Northern Ireland.

http://www.legislation.gov.uk/ukpga/2015/2/section/26/enacted

There is nothing in the Oath of a Constable which allows the protection of a Bank/Building Society for using an invalid court document that was obtained by fraud as there was NEVER any money loaned.

Read your Oath of Office today and then carry out an investigation as to the facts and evidence in these matters.

#VOIDMORTGAGE

Case Law, Estate Agents, LPA Receiver, Money Creation

LPA Receiver Roll in Possession’s

Based on the current information that any mortgage is probably a #VOIDMORTGAGE

What role can a LPA Receiver possibly have to do do with anything?

There are specific undertakings that they should carry out and most of them do no seem to be met.

Please join the conversation over at the VOIDMORTGAGE KNOWLEDGEBASE and extend this info for others in the same position

 

#VOIDMORTGAGE

Bank/Building Society Staff, Legislation, Police Constables, Solicitors & Barristers

Protection from Harassment

Harassment

In this legal guidance, the term harassment is used to cover the ‘causing alarm or distress’ offences under section 2 of the Protection from Harassment Act 1997 as amended (PHA), and ‘putting people in fear of violence’ offences under section 4 of the PHA. The term can also include harassment by two or more defendants against an individual or harassment against more than one victim.

Although harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person.

The definition of harassment was considered in Plavelil v Director of Public Prosecutions [2014] EWHC 736 (Admin), in which it was held that the repeated making of false and malicious assertions against a doctor in connection with an investigation by the GMC could amount to a course of harassment. The Court of Appeal rejected the argument that malicious allegations could not be oppressive if they could easily be rebutted.

A prosecution under section 2 or 4 requires proof of harassment. In addition, there must be evidence to prove the conduct was targeted at an individual, was calculated to alarm or cause him/her distress, and was oppressive and unreasonable.

Closely connected groups may also be subjected to ‘collective’ harassment. The primary intention of this type of harassment is not generally directed at an individual but rather at members of a group. This could include: members of the same family; residents of a particular neighbourhood; groups of a specific identity including ethnicity or sexuality, for example, the racial harassment of the users of a specific ethnic community centre; harassment of a group of disabled people; harassment of gay clubs; or of those engaged in a specific trade or profession.

Harassment of an individual can also occur when a person is harassing others connected with the individual, knowing that this behaviour will affect their victim as well as the other people that the person appears to be targeting their actions towards. This is known as ‘stalking by proxy’. Family members, friends and employees of the victim may be subjected to this.

http://www.cps.gov.uk/legal/s_to_u/stalking_and_harassment/#a02a

Continued requests for money to be paid back on a false loan agreement would amount to Harassment

 

Section 2 offence – Harassment

The elements of section 2 offence are:

  • a course of conduct;
  • which amounts to harassment of another; and
  • which the defendant knows, or ought to know amounts to harassment of another.

The bank or building society will therefore know first hand whether they “LOANED” any money or not and this evidence can be produced from the “Full and Complete Accounting” of the company involved.

 

#VOIDMORTGAGE