• The primary duty of a policeman (woman) is to serve and protect the public and uphold the (common) law – not statues
• A police officer is the legal/corporate personality of a police man (woman) and represents the corporate world and therefore enforces statutes
• In the UK we operate in a common law jurisdiction, all police have powers to enforce common law
• Police officers only have statute jurisdiction if that is consented to
• Unfortunately, many police officers appear to not know the difference between a common law offence and a statute offence and overstep their authority. Also, unfortunately because for a police officer not to know the difference amounts to gross negligence.
• If you provide a police officer with your name, address and D.O.B you have provided them with joinder and they can then enact statutes upon your person (straw man)
• If they cannot name a common law offence you have committed, you are not required to give the above required information and statutes cannot be enacted upon you, this does not mean you won’t get handcuffed or spend a night in a cell – which could result in unlawful arrest against the officer
• If you are being charged with a common law offence, which has been explained to you, then withholding the above information will just make thing worse.
• If you are stopped for speeding and you ask what common law offence you are being questioned/charged regarding and the officer says “speeding in contravention of road traffic act whatever”, that is statute and you are in your right to challenge that is not a common law offence. A quick call by the officer to his sergeant would quickly confirm you are correct – but the officer could choose instead to handcuff you and take you to the station
• Under all circumstances remain polite and never, ever resort to violence or try to resist, even when you know you are correct
• Modern police training techniques are being blamed for officers not knowing the difference between common law and statute law, some suggest this blurring is deliberate. The better informed people are about the difference between unlawful and illegal, the more they understand their rights, the more power they will have
• Many people believe we are descending into a police state, the unlawful killing of the passerby at the London G8 protest adds to that, especially with the finding of the review
• The police are being equipped with 20,000 tazers, is that really necessary?
• If an officer reads you your rights, and asks if you understand, you can instead say “no” you will instead retain ALL of your rights, and insist that this is written into their notebook. Why agree to five rights, when you already have hundreds?
The message is not to defy or challenge the police, but to understand what the law is and if necessary educate officers into the error of their ways and not fall foul of money making statute scams
It is okay to challenge parking, speeding fines and PCN’s; it is NOT okay to drive at dangerous speeds and endanger others, or to park on a motorway, or block access to emergency vehicles. Common law and common sense is all we need!
Statutes we could challenge:
• Fines for overfilling wheelie bins
• Fines for improper positioning of wheelie bins (within reason)
• Fines for advertising/selling in imperial measures
• Fines for displaying St Georges cross, including on number plates
• Working time directive, if it is your choice
• Parking fines (but see below)
• Modest speeding offences, particularly speed camera’s and speed traps
• ANY statute originating from the EU whatsoever, they are a foreign power
Statutes we shouldn’t challenge:
• Drink driving
• Excessive speeding or dangerous/reckless driving
• Knowingly blocking emergency vehicle access
• Actions which endanger others, or cause harm to others
• Ignoring traffic lights and road sign warnings
Under Common Law there is a plaintiff (injured party) and you have the right to defend any charges against you before a jury. In a civil court you cannot be innocent, only guilty or not guilty; your guilt is assumed before proceedings begin. In a common law court you are assumed innocent until proven guilty.