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The98thmonkey's avatar

In order to issue a summons two things have to happen:

Firstly somebody has to put the information or complaint before the magistrates court and in doing so they have to make a sworn declaration that they have the evidence in order to proceed .

You are entitled to a copy of this under section 66 of the magistrates court rules 1981 so make sure you get it and you will find the person responsible for this malicious prosecution .

Secondly a person that has taken the judicial oath must apply their mind to the evidence before them in order to grant the summons and again you can apply for this to ensure that the due process of law has been carried out and more particularly the name of the person that granted the summons can be known under the open Justice principle and be held accountable to the public in this respect .

Generally we are now much more aware of our rights in this respect thanks to pushback from yourself and others , keep up the good work 🙏

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JoeD's avatar

With the efforts being made by Peacekeepers.org.uk we have learned most ‘procedural’ stuff gets to be sorted by Sian Jones of HMCTS. She is responsible for implementing the single justice system amongst other things. Thus your sorry tale ticks a number of areas she is responsible for (summons is a good start, court names and so on). Engage her department with your story, demand correct actions…she loves a challenge! And if you are very lucky you’ll get email responses that begin with "what is the point….", as you are scolded for asking stuff. legal.operations@Justice.gov.uk Use the Welsh spelling for Sian with the funny squiggle. Love to see her reactions!

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