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About MPotter

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  1. IMO it's the same thing, there isn't a stronger duty on the homeowner. I believe that there does need to be dishonesty at the time of the commission of the offence or it is not committed.
  2. You get a call from a wiki administrator to report a persistent ban evader. Are there any offences and if so what action do you take?
  3. You may well be wrong when you say that, although the Queen cannot prosecute herself could she not be privately prosecuted?
  4. Back to the topic, once I tried some FMOTL antics on a copper to see what reaction I would get. He said "I'm a freeman on the land, I don't understand what you're saying.". Also in Canada a Mr Meads tried to defend a civil case with an FMOTL argument in the case Meads vs Meads. he lost!
  5. I presume that he didn't consent to a lift unless it was given by a constable acting on oath?
  6. If I were a Police officer I wouldn't do that, the reason being that this would risk alienating the FMOTL from myself and/or maybe getting asked some questions back. Instead I would ignore their claims and get on with the job in hand! If they are charged with an offence then they are more than welcome to argue their position in court.
  7. I'm seriously surprised that Police forces don't have procedures on dealing with freemen on the land. I know that courts do!
  8. I'd say that if the kid said "I didn't get consent" they are guilty of TWOC. Even if they subsequently say "but if I'd asked my parent would have let me" because it's only a hypothetical scenario!
  9. I wasn't talking about two pints, I was talking about more than that!
  10. On a serious note a really serious moral offence is a pub serving people alcohol after they're already drunk.
  11. I would say that if a Sky/BT Employee entered they would be committing a civil trespass. If committed the landowner could apply for an injunction and if they wanted to take individual action against the representative they could call the Police. They might be able to use section 50 PRA to obtain name and address and may be able to pass those him.
  12. s1 CDA 1998 is no longer in use, that has been replaced by section 2 of the Anti-social Behaviour, Policing and Crime Act 2014.
  13. To be honest I doubt the CPS will charge every single offence committed!
  14. Even then I'd imagine that a written consent wouldn't be valid! If the person taking the vehicle is aware of the owner's drunkenness then they should wait until he is sober before asking.
  15. As far as I'm concerned that's a TWOC. An incoherent mumble is not consent!