Skip to main content

Secret Prisoners - the campaign continues

There have been two stories related to secret imprisonment reported today. One by PA has been published in a number of outlets including This one. The other was in the Daily Mail.

The cases have a number of common features. Someone is imprisoned "for their own good". There are all sorts of assessments as to their capacity. In the end they have run away and are not now in the English and Welsh jurisdiction.

In the Kathy Danby case (which relates to her granddaughter) Kathy was imprisoned for meeting her. The judge at the time said Granny (aged in her 70s) had to be imprisoned because when she met her granddaughter afterwards the granddaughter was upset and tried to run away. From a scientific perspective it is a fact that the granddaughter ran away. However, she continued running away even though she had not met her grandmother for 2 1/2 years. I would argue, therefore, that the evidence is that she runs away because she is not happy having her liberty constrained by the state.

This is actually a common problem with care proceedings of all sorts. Children are upset when they stop seeing their relatives. Hence contact is stopped. This used to happen with hospital visiting, but the issue was studied and it was found that the psychological trauma caused by stopping contact was in fact much greater than the superficial upset cased by breaks in contact. Hence parents were encouraged to visit children in hospital and potentially stay overnight. The Danish care system recognises this as well. However, the English care system takes a very different attitude. I have seen evidence to substantiate the argument that the approach in England is wrong. I have seen no evidence to substantiate the argument that it is right.

In the second case the courts relied on an international treaty that had not been ratified either by Canada or Zimbawe to imprison a 15 year old (now 16 year old) boy who had no right to remain in the country beyond a visit. Because he had no valid immigration status he could not be educated. Unsurprisingly he tried to escape this, but was recaptured on a number of occasions until he did a Julian Assange and went to live in the Zimbabwean Embassy. He then escaped from there to Zimbabwe.

It sounds absurd. However, it did happen.

In both cases reporting restrictions act to prevent the prisoner from speaking out and challenging the claims of the state against them. Where is the accountability in this?

It should be remembered that the courts rely on expert "opinion". This is the opinion of employees of the local authority and other people who depend on the la for their income. This does not strike me as "independent" expert opinion.

In the second case I have seen reports on the 16 year old from Zimbabwe. These show very little in common with the assertions from the English experts that were used to justify imprisoning the person concerned for about a year.

Comments

Popular posts from this blog

Statement re false allegations from Esther Baker

Statement by John Hemming
I am pleased that the Police have now made it clear that there has been a concerted effort to promote false criminal allegations against me and that the allegations had no substance whatsoever.
I would like to thank Emily Cox, my children, Ayaz Iqbal (my Solicitor), my local lib dem team and many others who supported me through this dreadful experience. There are many worse things that happen to people, but this was a really bad experience.
It is bad enough to have false allegations made about yourself to the police, but to have a concerted campaign involving your political opponents and many others in public creates an environment in which it is reasonable to be concerned about ill founded vigilante attacks on your family and yourself. Luckily there was a more substantial lobby to the contrary as well, which included many people who were themselves real survivors of abuse, which has helped.
I am normally someone who helps other people fight injustice. …

Statement re Police investigation into Harassment and Perverting the Course of Justice.

It was recently reported that the police were not investigating the allegations of Perverting the Course of Justice that I had made. This came as a surprise to me as I had been told for some time that my allegations were to be considered once the VRR had been rejected. I have now had a very constructive meeting with Staffordshire police on Friday 29th June 2018 and the misunderstandings have been resolved. At that meeting the evidence relating to the perversion of the course of justice and the harassment campaign against my family were discussed. The police have decided to investigate both the perversion of the course of justice and also the harassment campaign. I would like to thank them for changing their decision and I accept their apology for the way in which they did that. I am also in possession of written confirmation a police force would be investigating allegations that a vulnerable witness has been harassed for trying to expose the campaign against me. I hope that the aut…

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

Editor’s comments in bold.

Here, the magistrates’ clerk retired with the bench when they were considering a charge of dangerous driving. The clerk belonged to a firm of solicitors acting in civil proceedings for the other party to the accident. It was entirely irrelevant that there had been no evidence of actual influence brought to bear on the magistrates, and the conviction was duly quashed.

LORD HEWART CJ:
It is clear that the deputy clerk was a member of the firm of solicitors engaged in the conduct of proceedings for damages against the applicant in respect of the same collision as that which gave rise to the charge that the justices were considering. It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the…