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Restore Human Rights to those declared innocent by judge only

Comment 8th August 2010

Dear Sir
The Law change which is very urgent involves a particularly destructive law, which is a travesty of justice and so perverse that it promotes an oxymoron. It reduces innocent people to remaining “guilty of being falsely accused.”
This comes about when a judge refuses to try a case, after legal argument, because it is revealed as an obvious miscarriage of justice and the judge refuses to put the case before a jury. It is thrown out of court and the innocent victim of the false allegation is freed.
However these victims never regain their innocent status in the way that those tried by a jury do.
They remain guilty of not being tried by a jury, despite the judge proving their innocence.
This situation remains, even though there have now been judge only cases tried, without a jury involved at all.
The cases to which I refer are not those where judges “stay the proceedings” but cases where the Prosecution offers ‘ no evidence ’ after a judge disputes authenticity and subsequent admissibility of certain evidence. The judge may declare for example “ In that case I have to find the defendant not guilty.” Or “There is no case to answer.”
( An example of the above situation might occur when evidence which has been withheld by the CPS is finally revealed on day one of the trial. )
Consequently, the issues which need to be addressed is whether the judge’s opinion alone is sufficient in these cases and whether this law change as and when it is convenient? I’m sure you agree that if this is the situation the law is truly unworthy of remaining as it is deeply flawed.
There can’t be one law applicable to some and another law applicable to other innocent people, justice must be available to all those falsely accused.
A defendant found not guilty and acquitted by a judge in these circumstances should have their full rights restored and should not have any matters recorded against them that would come up on Criminal Records Bureaux (CRB) checks or extended CRB checks. There should be complete admonishment and all records wiped, so the person returns to their rightful innocent status.
The matter to be concluded as the alleged offence having never happened.

Currently these people remain “guilty of not being tried by a jury.”
They are often victims of false allegations made by a person seeking personal gain and self interest.
(For example a wife wanting to gain a divorce in an all win situation, so falsely accuses the husband of sexually assaulting herself or their children. )
Thus the victim remains “Guilty of being falsely accused” and their full liberty is not restored to them. The accuser often gets away with perverting the course of justice and illegally obtains their goal, making them above the law. It also results in so much public money being wasted in the process.

It is of concern that so many innocent people have been falsely accused in this manner, their lives shattered and yet they cannot regain their Human Rights, freedom and truly innocent status.
I would like to encourage the Government to do everything necessary to ensure the change of the archaic law and release these victims from a life of misery.
May I respectfully suggest that an easy process be put in place, which will allow those declared innocent by a judge, to regain their freedom, their civil rights and their truly innocent status, in the same way as those found innocent by a jury.
I suggest that these victims, who have been subjected to the above travesty of justice, should be issued with a Certificate of Acquittal” in order that their full civil liberties and Human Rights are restored to them and it is ascertained that they are not affected in the future.

I’m reassured that the present government are keen to listen and set a process of this sort in action and restore the lives of thousands of victims of false allegations etc. who are waiting to have their truly innocent status restored to them, but cannot afford a “Finding of Fact” to achieve this.
You will give them the means to start rebuilding their shattered lives by redressing this injustice.
With many thanks and looking forward to the worthwhile, new, trustworthy government who will right injustice by abolishing perverse Laws.
 

Why does this matter?

As stated above, it is essential that innocent people are returned to their rightful innocent status if they are declared innocent by a judge, even thought their case is not put before a jury.

There is no difference in innocence, so the same justice must be available to all innocent people with no prejudice caused by a perverse Law, which does not allow those deemed innocent by a judge to regain their freedom, human rights and civil liberty in the same way as those deemed innocent by a jury.

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