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General Discussion » Recognising a magistrates court » 05-7-2017 7:24 pm

celticmanx
Replies: 1

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The main point of the abandonment was that if the assembled gallery and the "accused" do not stand for the magistrate and then request to see the "order" which is the oath by which a magistrate has juristiction cannot be produced then the magistrate cannot then hold the court under common law as part of the Magna Carter and 1688 Bill of rights.

The lay person can then claim to have superior authority and then can dismiss the court!

I just thought it was interesting that in this matter the case was abandoned by the magistrate. I wonder how often the "order" or "oath" does not exist and cannot be produced. If it were to happen in any magistrates court, that the "order" cannot be produced, they have no juristiction provided the "accused" and gallery refuse to recognise the juristiction by not standing.

CEMA is a man made law which is not included in the 1688 bill of rights and therefore has NO AUTHORITY.

General Discussion » Recognising a magistrates court » 05-7-2017 9:36 am

celticmanx
Replies: 1

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I stumbled upon this while researching a different matter and wondered what your thoughts were. It's a 16min video, but well worth a watch.
In particular in condemnation proceedings, the argument about commerciality means that it is a commercial court. Thoughts please:

https://www.youtube.com/watch?v=Cu908xVh9ls

General Discussion » Prices in Malta » 06-2-2016 4:15 pm

celticmanx
Replies: 5

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I expect changes. But its just been tugging at me for a while. Just want to go and have another look. I have fond memories; I learned to swim there. I'd be surprised if I WASN'T disappointed as my memories are childhood ones which are always of happy and good times. Things that can't happen again (like learning to swim, you learn once).  As for prices, I smoke Mayfair Superkings and they are about 8 euro more expensive than Spain (per carton). I combine stocking up with holidays in the sunshine. My arthritis likes the heat. So Malta for a wee change and the cigs are still cheaper than here!

General Discussion » Prices in Malta » 06-2-2016 3:12 pm

celticmanx
Replies: 5

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Haven't booked hotel yet. Just the flights. My father told me Bugibba is probably the best pace to go. Will book the accomodation later in the month. Haven't been since I was a kid. Went in 1979,81,83 and have fond memories of it. Prices seem quite high (compared with much of Europe) but I'm not going specifically to stock up, just a wee holiday and visit the wildlife park. Of course the goons would NEVER believe that sometimes smokers go abroad and DON'T stock up. It DOES HAPPEN.

General Discussion » Prices in Malta » 05-2-2016 3:50 pm

celticmanx
Replies: 5

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I have booked a holiday in May in Malta. Does anyone have any idea about cig / baccy prices?

General Discussion » FOI re Officer's notebook entries. » 15-11-2015 6:29 pm

celticmanx
Replies: 6

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I refuse to allow them access to my luggage and if they demand I insist that they open a fresh page of notebook. This argument usually goes on for 10 mins till I'm bored then I hand them the SOT. Since 2012 with many, many trips they have not once gained access to my luggage. The SOT normally shuts them up and it has been known to illicit a less than polite response. 'I'm not signing that, you are free to go'. (accompanied by it being thrown across the desk with my passport, which I don't give them either anymore). Lovely.

Help Section » They will take it nomatter what!! » 15-11-2015 6:18 pm

celticmanx
Replies: 99

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You say they calculated your expenditure. That never happened with me. I think thats what helped my case. I would have a solid look at that as you may have had to 'guess'. Income not commesurate with expenditure is a common reason. If they did not provide you with the facilities to accurately make this calculation I would use that as well.

Speakers Corner » Best Euro exchange rates » 15-11-2015 6:09 pm

celticmanx
Replies: 11

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Be aware, the past few times I have bought with cash in Spain, they insisted on passport ID. Both times I have been pulled.

I normally pay cash, but sometimes no choice. Also my prefered Spanish retailer in a small, fishing village in Andalucia insisted on multiple receipts. Never happend before until last time. I think we all know the reason for this.

A 'Guide' to Representing Yourself in Court » lncome v Expenditure court argument. » 07-7-2014 4:35 pm

celticmanx
Replies: 17

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I agree with Turbulent. This is why I use my credit card statement with my credit limit and a negative balance on it. As far as I am concerned, very expensively paid actuaries assess my financial predicament and decide whether to offer me this credit facility. I would present in court that  a qualified actuary is in a better position to judge my financial affairs compared with a lying Border Force ocifer. Effectively it is an expert witness statement without actually asking an expert witness to appear. I don't know if anyone has used this in court yet. And again, only until we test it in court can we really say if that would work.

However I would certainly make a big deal of this reason for seizure. What sort of facilities (ie pen paper calculator) were offered to make a calculation. I have also noted that on most occasions, they are only concerned with INCOME. It is my belief that this reason for seizure could be thrown out by demonstrating that if no acount was made of EXPENDITURE, then the REASON  cannot be valid. If they don't know your monthly outgoings then the cannot use one v another as a reason.

General Discussion » Big Hello To UKBA » 06-5-2014 3:01 pm

celticmanx
Replies: 21

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Like I say. They may be using me as practice for some of their new officers. The last time I was stopped, the poor woman who stopped me really wasn't very sure what she was doing. Even quoted wrong sections of CEMA etc. But while I don't fear them any more, I do stay prepared. Just because I know as much of the law as them does not make me immune to their tactics and no doubt when I least expect it, they will try to spring something new on me.

General Discussion » Big Hello To UKBA » 06-5-2014 2:28 pm

celticmanx
Replies: 21

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I on the other hand I stay logged in almost all the time. They definately know who I am and frankly I don't care. I have done nothing wrong, but know that they have. So they do not intimidate me any more. But then again when I first started reading here, I was as green as the next person. I felt the breath of authority every time I came back from abroad. I still smell that foul breath each time, I just no longer am scared from them. I get stopped a lot and my partner thinks I am a live training module for the newbies!

General Discussion » officers note book » 12-3-2014 12:03 pm

celticmanx
Replies: 27

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And this is why I 'force' them to start writing in their book BEFORE declaring anything. If they won't start writing, as far as I'm concerned they have no right of access to my luggage. As I explained before, I usually get bored with the stand off and give them my statement of truth. BUT THEY HAD EVERY OPPORTUNITY TO EXPLAIN THE STOP AND REFUSE TO DO SO. This will not look good for them in a Scottish Court where the actions of everyone MUST fit with the law. I know magistrates are different, but I genuinely think UKBF don't want condemnation proceedings in a Scottish court.

On my last stop the officer even congratulated me on the amout of 'research' I had done on CEMA!!!

General Discussion » officers note book » 11-3-2014 2:51 pm

celticmanx
Replies: 27

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My luggage is CARRY ON so is never scanned at this end. May be scanned at the other end and sent to UKBF. I doubt it though. Also, why would they not say the reason is because my luggage is full of excise goods?

General Discussion » officers note book » 11-3-2014 8:07 am

celticmanx
Replies: 27

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OK. I use the fact that they will not tell me why they are stopping me against them from the outset. If they stop me I ask the usual, 'Why are you stopping me?' question. Then there is the usual kciking the can around the playground until we get to the main point. The goon wants in my baggage. I refuse. I continue to refuse until (a) I'm bored or (b) they actually tell me.

So far, 2 stops and they have never even touched the zip on my luggage. Both times I got bored with the problem being that they don't want to open a fresh page of their notebook as this means paperwork. If they won't tell me and write it in their book, I ain't opening my luggage. So eventually I just produce my SOT.

My view is that if it came to seizure and subsequent court hearing, it would be clear from the recording that I gave them ample opportunity to write down their reasons as they are duty bound to do. I think this would show to some extent that the objective was to seize goods, not on information or intelligence, but on the possibility that I 'might' be carrying goods liable to seizure.

Won » WON » 28-2-2014 4:47 pm

celticmanx
Replies: 38

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This is why I always ask them to open notebook 100A and start writing. THEY DON'T WANT TO DO THIS!! It causes paperwork. But I just refuse entry to my baggage until they start writing. They never write anything and I never let them in my baggage. Fair deal.

Won » WON » 27-2-2014 3:01 pm

celticmanx
Replies: 38

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Fantastic news!!! Very pleased for you indeed. Obviously winning in court is a very good thing, but also bear in mind that keeping your goods in the first place is better. I'm finding refusal to allow them into my luggage until they open a fresh page of 100A notebook puts them off. Twice now stopped since seizure and they have not even got to touch the zip on my baggage.

Court Cases » Condemnation Hearing Friday 17 Jan Horsham Magistrates » 18-1-2014 3:41 pm

celticmanx
Replies: 4

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LOL. What will they do now? Jeez they really can get themselves in a muddle.

General Discussion » Photo ID and BF » 03-1-2014 11:10 am

celticmanx
Replies: 39

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As far as I can see from this forum, sometimes some of our contributers have an idea and post it here. Sometimes nobody knows the answer and it can only be confirmed by TESTING or by FOI requests. Now because someone posts a thought about how something should be interpreted or used is not that person giving advice in the sense that 'YOU MUST DO THIS'. More a case of, 'We have found that this works.'.

Frequently there have been different approaches to the same problem posted here and on many occasions none have been effectively answered (such as the Scottish time bar question), and some have been answered very effectively (such as incomplete SAR's). The fact that different people take different approaches in achieving the same goal is irrelevant.

The main objective is to get an ANSWER. I have never minded posting a possible solution to a problem only to be proved wrong. And in this spirit I will be happy to continue. If border Force were willing to be more straightforward in answering questions truthfully we probably wouldn't be here.

So Dave, perhaps you could save me a whole lot of problems with the Scottish question. Do Border Force have 6 months to initiate condemnation procedings in Scotland?

General Discussion » Photo ID and BF » 02-1-2014 7:18 pm

celticmanx
Replies: 39

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Oxford dictionary-

2a statement of advice by an expert on a professional matter:if in doubt, get a second opinion

Law a barrister’s advice on the merits of a case: the solicitor took counsel’s opinion

Law a formal statement of reasons for a judgement given: a dissenting opinion adjudged that the government had the right to protect ‘the symbolic value of the flag’

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See if opinion is the debate I have the opinion from first hand experience that border force officers do not ALWAYS act within the law. I did not get the chance to have a proper judge inspect my interpretation of the law, but can only assume that Border Force did not fancy that their 'opinion' would stand up to scruitiny in a Scottish court.

General Discussion » Photo ID and BF » 15-12-2013 6:44 pm

celticmanx
Replies: 39

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The warnings index exists for sure. ICO has confirmed this with me. I just came back from Spain today and when passport contol scanned the passport you could see the occifer eyes light up. He then checked EVERY page of the passport. Asked me to raise my hat for another look.

I wonder if the warnings index says 'check this guy, probably got baccy' or if it says, 'you could check this guy but he knows too much, look for someone more stupid'.

No search at SCP.

Makes you wonder exactly what the screen says.;

 

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