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  1. trilobite

    Julian Assange cannot be extradited

    He is charged on indictment under United States Code Title 18 S.793 which is referred to as the "Espionage Act" as that is the origin of the section. It reads "Whoever , for the purpose of obtaining information...." there is no reference to Nationality of the subject. Indeed previous Non US...
  2. trilobite

    Sexual assault?

    There are 2 issues here; 1The assault 2 the sentence. It was a sexual assault. He paid privately for QC, she clearly advised him to plead guilty, because a jury would have found him guilty, ie 12 random members of the public would have found his conduct to be a sexual assault. A sexual assault...
  3. trilobite

    Oxford student who stabbed boyfriend is spared jail

    If she was serving a sentence the court of Appeal could make a loss of time order, so that some of the time already served would not count. This only happens if you apply for leave to appeal, get refused leave, but go ahead anyway. Few people who do not go straight to prison feel the need to...
  4. trilobite

    Oxford student who stabbed boyfriend is spared jail

    As a few others have said she can appeal the sentence only. The Court of Appeal cannot increase her sentence, so in a sense she has nothing to lose, except the costs of the appeal. She wants a non custodial sentence, (Community order), because it will be easier for her to then continue her...
  5. trilobite

    Divorce ruling - don't stop...

    When I was starting out I did a lot of family work, and although I hated it I was surprised at how different the reality was from the assumptions I had made. The Courts in most cases have a really difficult job trying to divide assets, one home is far cheaper to run than two, so no one comes...
  6. trilobite

    Not Guilty v Innocent

    Xordium, thanks for your reply. Regarding extradition I am no expert, but I think that there is a presumption that the requesting state has a fir system of justice, it can certainly be a bar to extradition if the defendant will not get a fair trial. There also has to be a prima facie case...
  7. trilobite

    Not Guilty v Innocent

    No he doesn't. The law is clear. the Crown must prove that he did not have a reasonable belief in consent, not that he must prove that he did. There are presumptions about consent: See S75-76 of SOA 2003 http://www.legislation.gov.uk/ukpga/2003/42/section/76 S75 Evidential presumptions...
  8. trilobite

    Not Guilty v Innocent

    This is wrong, to be convicted of rape the Crown must prove that there was penetration, that there was no consent AND that the defendant did not hold a reasonable belief in consent; there is no requirement for the defendant to prove anything. As for the OP you remain innocent unless guilt is...
  9. trilobite

    Ultimate Lurker in OCUK forums?

    Meh. Joined: 26th May 2004 Total Posts: 137 Posts Per Day: 0.04
  10. trilobite

    British justice system just gets worse

    Sorry but you're wrong about that: you have quoted the CAB pages relating to civil NOT Criminal legal Aid. Currently everyone gets Legal Aid in the Crown Court (for serious cases), although some have to contribute. Contributions are capped at about £3.5K and are refunded if acquitted. Under...
  11. trilobite

    Rapists

    There is no definition of hardship grounds in the consultation, so your guess is as good as mine. There is currently an "in/out" system in the magistrates courts, and they operate a hardship system, but I don't know how it works and the sums involved there are unlikely to be beyond the means of...
  12. trilobite

    Rapists

    From the current legal aid consultation paper: "Proposal 3.27 We propose to introduce a financial eligibility threshold whereby any defendant with a disposable household income of £37,500 or more would be ineligible for legal aid in the Crown Court, subject to review on hardship grounds for...
  13. trilobite

    Rapists

    Currently you can receive legal aid in the Crown Court whatever your means: however you can be required to pay "contributions". These contributions depend on your income and the type of case you are accused of. You either pay a monthly contribution for 6 months, or an upfront payment of 5* the...
  14. trilobite

    Spec me a 18v Cordless drill

    I have this 18v Li on Makita kit, and this is the cheapest I can find it £129.18 http://www.lawson-his.co.uk/makita-bhp453rftk-18v-li-ion-cordless-co-p131453?utm The ones with the red battery are the non Li-on ones, much cheaper, but not the same quality. You don't really need a second battery...
  15. trilobite

    Question – Church weddings

    No it won't, but for a venue plus celebrant it is actually quite cheap. At my wedding they would throw in bells, organ and choir on top for £500 total. We opted just for an organist, wife's old school music teacher, he charged about £60, less than the florist, the rings, the cake, let alone the...
  16. trilobite

    Question – Church weddings

    Taken from: http://www.yourchurchwedding.org/your-wedding/wedding-fees-what-to-expect.aspx This is regardless of which Church you marry in. I don't think the Church are that bothered about the cost, it's not much considering all you get. They want to get people through the door. Also Why...
  17. trilobite

    Assange to go!

    Whatever the rights and wrongs of the case even Assange's lawyers did not maintain the argument that he could be extradited to the US. This is because he has no been extradited to Sweden from the UK, but surrendered to Sweden under a EAW. Therefore in order to extradite him to a non EU...
  18. trilobite

    My Political Position

    If you're independent then surely The Independent would be your best bet.
  19. trilobite

    Party Wall - Magistrates Court Injunction - HELP :(

    County Court not Magistrates Court. It sounds like you need to act quickly; the more work they get done the harder it can be to stop it. Injunction proceedings are not that simple. Go to a solicitor they will issue proceedings straight away, and are not as expensive as you think.
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