(Criminal Procedure Rules, rule 64.2)
Case details
Name of defendant: Chief Constable of South Wales Police
Court: Cardiff and the Vale Magistrates’ Court
Case reference number: 621200017323/1
Charge(s) Complaint: Application under section 1 of the Police (Property) Act 1897
This is an application by [ Maurice John Kirk (name of complainant ]
[the prosecutor/ appellant] for the court to state a case for the opinion of the High Court on an appeal on a question of law or jurisdiction.
Use this form ONLY for an application to the court to state a case for the opinion of the High Court on a question of law or jurisdiction, under Criminal Procedure Rule 64.2. There are different forms for appealing from a magistrates’ court to the Crown Court under Criminal Procedure Rules Part 63, or from the Crown Court to the Court of Appeal under Criminal Procedure Rules Part 68.
1. Complete the boxes above and give the details required in the boxes below.
If you use an electronic version of this form, the boxes will expand 1 . If you use a paper version and need more space, you may attach extra sheets.
2. Sign and date the completed form.
3. Send a copy of the completed form to:
(a) the court, and
(b) each other party to the case.
You must send this form so as to reach the recipients not more than 21 days after the decision about which you want to appeal to the High Court . If that d ecision was by a magistrates’ court, the court has no power to extend that time limit .
A party who wants to make representations about this application must serve those representations under
Criminal Procedure Rule 64.2(3) not more than 14 days after service of this application .
1) Decision under appeal.
Give brief details of the decision about which you want to appeal to the
High Court (including the date of that decision).
District Judge Bodfan Jenkins ’ 25 Sept 2012 Dismissal of Complainant’s application for “an order in respect of property, namely machine gun ammunition, antique firearms, 12 bore shotguns, legal papers, cameras, mobile phones, briefcase, which has come into the possession of police in accordance with section 1 of the Police (Property) Ac t 1897”, and to “pay costs of £4000.00 to South
Wales Police”. 27 th January 2009 search of his home caused a
‘shooting stick’ shot gun to be also confiscated, rumoured to be of Lewis machine gun .303 calibre and an excellent poacher’s weapon.
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Forms for use with the Rules are at: http://www.justice.gov.uk/courts/procedure-rules/criminal/formspage .
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2) Question(s) for the High Court.
What question(s) of law or jurisdiction do you want the court to state for the opinion of the High Court ?
Whether the learned District Judge was correct to proceed in the Complainant’s absence on 25
September 2012 under sectio n 56 of the Magistrates’ Courts Act 1980 when he knew he was in prison?
Whether the learned District Judge denied the Complainant “natural justice” in domestic law and/or effective access to the court for the “determination of his civil rights and obligations” under article 6(1) of the ECHR as incorporated under schedule 1 of the Human Rights Act 1998.
3) Grounds of appeal.
Explain briefly why you think the decision against which you want to appeal was wrong, and how that decision depended on the question(s) specified in box 2 above.
1. The learned District Judge was wrong to have proceeded in the absence of the Complainant when he knew that the Complainant was repeatedly being detained in HMP Cardiff and Bristol being refused production to both his civil and criminal private prosecutions.
2. The learned District Judge was wrong to have proceeded in the absence of the Complainant when he had failed to make enquiries as to whether the Complainant knew of the hearing date and that the prison authorities had made arrangements f or the Complainant’s production, knowing the prison had already refused his previous productions to Oxford magistrates, High bury Corner Magistrates and numerous Cardiff civil courts with the resultant convictions used successfully by Cardiff HM Crown Prosecution Serv ice to oppose the Appellant’s bail. He knew, following the failure of Cardiff judiciary’s application that the Appellant be registered a ‘Vexatious
Litigant’, there is inadequate legislation to protect a private prosecutor’s position, in prison, in attending his own Actions with the CPS regularly, either, ultra vires , seizing his private prosecution cases and dropping them if they have not already struck a deal with the court to deem the prosecutions as ‘frivolous’.
3. The learned District Judge thereby erred in the exercise of his discretion to proceed with the hearing of his complaint in the absence of the Complainant under section 56 of the Magistrates’
Courts Act 1980.
4. In the premises the Complainant was denied both “natural justice” in domestic law and/or effective access to the court for the “determination of his civil rights and obligations” in breach of article 6(1) of the ECHR as incorporated under schedule 1 of the Human Rights Act 1998.
5. These grounds relate to the lea rned District Judge’s exercise of discretion to proceed in the absence of the Complainant under section 56 of the Magistrates’ Courts Act 1980.
4) Other applications. I am also applying for: an extension of time for asking the court to state a case for the High Court.
You can ONLY apply for an extension of the 21 day time limit if this is an application to the Crown
Court. pending my appeal, the suspension of a disqualification.
For example, a disqualification from driving. You can ONLY apply for the suspension of a disqualification which the court imposed in this case.
pending my appeal, bail .
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You can only apply for bail pending appeal if the court sentenced you to imprisonment or detention.
Give reasons for any of these applications you are making:
Simply the return of my lawfully owned property, compensation due to their returned condition and loss of use , punitive damages, if law allows which I doubt and costs
Signed 2 : ………………………………………… . [ defendant / defendant’s solicitor]
[prosecutor complainant]
Date : 11 October 2012……………………….
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If you use an electronic version of this form, you may instead authenticate it electronically (e.g. by sending it from an email address recognisable to the recipient). See Criminal Procedure Rules, rule 5.3.
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