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Jail Myra Hinley - Free Barbara Tucker - HMP Halloway - Habeus Corpus

Mrs. Charity Sweet | 14.04.2008 22:02 | SOCPA | History | Indymedia | Repression | London | World

Spent the day at the Royal Courts of Justice and hand delivereda copy of a petition for a Writ of Habeus Corpus regarding Mrs. barbara Grace Tucker and the illegal incarceration of a political hostage - BOLLOCKS!

Petition to the Roayal Courts of Justice for a Writ of Habeus Corpus
Petition to the Roayal Courts of Justice for a Writ of Habeus Corpus

Please don't dare to dent that she is anything other than a political hostage
Please don't dare to dent that she is anything other than a political hostage





Petition:

Writ of Habeus Corpus

For

Mrs. Barbara Grace Tucker
























With permission - by Mrs. Charity Sweet, McKenzie friend/Advocate for Mrs. Barbara Tucker

Reasonably requesting the Royal Courts of Justice to issue a Writ of Habeus Corpus to HMP Holloway and for the State to show just cause as to why Mrs. Tucker’s liberty is being restrained
- includes affidavit and evidence



14/04/2008
Affidavit of Mrs. Charity Sweet – 14/04/2008

I am not a legal professional and it is my intention to first clarify my understanding of the Magna Carta 1215 “… no free man shall be taken or imprisoned or disseised or exiled or in any way destroyed except by the lawful judgement of their peers or by the law of the land” – specifically.

I understand Habeus Corpus to be an ancient common law prerogative writ as a legal procedure to which anyone has an undeniable right which is predominantly of Anglo-Saxon common law origin, preceding the Magna Carta as recorded as early as the early 13th century.

I understand that the Magna Carta was a reaction to the incursion of European civil law via William in 1066 and following the beheading of King Charles I in 1649, the people’s Parliament clearly established the respective position of King and citizen.

I understand Habeus Corpus was codified by Parliament in 1679 by enactment of the Habeus Corpus Act. I understand that there are constitutional provisions that the Writ of Habeus Corpus is never to be suspended.

I am requesting that the court issue a Writ of Habeus Corpus for Mrs. Barbara Grace Tucker to HMP Holloway to deliver her promptly to this courthouse, on behalf of Mrs. Barbara Tucker as her McKenzie friend and advocate, on the below noted reasonable grounds citing ARCHBOLD 2007 First Supplement in the first instance:

Sentencing Guidelines:

1.1 - The 5 purposes of sentencing are punishment, reducing/deterring crime, reform and rehabilitation, protection of the public and reparations to those affected by their crime.

1.3 - The sentencing threshold for both SOCPA 132 (b?) and Public Order Section 5-6 is a level three fine. Mrs. Tucker was unlawfully arrested under SOCPA 2005 on February 26, 2008 as it is a summary offence and not indictable – at best a caution/reporting and a summons following in the post would have been correct process of law and chain of events as Sir Ian Blair has failed to place any prescribed processes when “enforcing” SOCPA 2005 and has purported to delegate his authority in an un-timed and undated document which is tantamount to fraud as far as I understand the meaning of the crime.

Using the Bail Act to imprison a person for a summary offence is a gross abuse of the judicial processes and abuse of a position of trust as a District Judge bound by the Human Rights Act 1998.

1.4- The sentence should be commensurate with the seriousness of the offence. One woman and one pink banner versus one woman and no pink banner in a place of public free access hardly convincingly establishes in criminal law a legitimate aim for grossly interfering with an individual human rights to the point of denial of liberty of person.

Surely culpability and the deserving of blame for a crime which causes harm or risk would constitute a serious offence and this perception must be of relevance to a single woman who campaigns with a single banner for “peace, love and justice for all”. What exactly would be the foreseeable harm in criminal law?

1.7 – Is foreseeable harm an issue with Mrs. Barbara Tucker? Is she reckless in her behaviour? Has she been negligent in her duties as a mom?
Of what harm may Mrs. Tucker impose?

1.8 – Does she risk causing physical injury or has she suffered such? Sexual violation? Financial loss? Damage to health? Psychological distress?

1.23 – Are their factors indicating a serious degree of harm posed? A pink sparkly banner surely does not pose any true security threat or actual risk in the real world, does it?

I will also cite Archbold 2007 Section IV and HRA 1998:

16-43 Article 5 Right to liberty and security

16-55 Habeus Corpus Article 5(4) guarantees the right to challenge the legality of detention.

16-57 (2) Everyone charged shall be presumed innocent until proven guilty

(3).(b) Everyone should have adequate time and facilities to prepare a defence

As I was present at her breech of bail hearing pertaining to a SOCPA 2005 unlawful arrest and a questionable Section 5-6 public order charge was stated and set for trial April 25, 2008 by DJ Snow. I saw DJ Snow find Mrs. Tucker guilty of breech of police bail and sentenced her to two weeks in Holloway…yet I visited Mrs. Tucker today at HMP Holloway to be informed that she is deemed to be held on remand for exactly what offence?

DJ Snow has shown clear bias and prejudice in his past various dealings with Mrs. Tucker as evidenced in her currents matters under judicial reviews that are yet to be determined within the walls of these very courthouses as the matters are under Judicial Reviews and clearly evidenced in the noted attached documents.

Further full documentation will be available to the courts in the presence of and upon service of the Writ of Habeus Corpus for Mrs. Tucker.

As witnessed in 2 Judicial Review addendums to CO/2460/2008 and the JR regarding custody record 0801463 and serious procedural irregularities/abuse of process regarding the unlawful arrest of Mrs. Tucker. The arbitrary detention for 19 ½ hours at Belgravia Police Station under SOCPA 2005 section 132-138, yet another unlawful arrest of Mrs. Tucker, was made on the orders of Alan Duncan Conservative MP (Shadow Minister for big business).

Various breeches have occurred of the Human Rights Act with regards to the woman that is Mrs. Barbara Brace Tucker including Art. 3 – inhuman and degrading treatment, 5 – right to liberty and security, 6 – right to a fair trial, 7 – no punishment without law, 8 – right to privacy, 9 – freedom of thought, conscience and religion, 10 – freedom of expression, 11 – freedom of assembly, 14 – prohibition of discrimination, Article 1 of the first protocol – protection of property.


Sincerely and Honestly,





Mrs. Charity Sweet XXX

Mrs. Charity Sweet
- e-mail: charitysweet@hotmail.co.uk

Comments

Display the following 2 comments

  1. Myra Hindley is dead — bemused
  2. jail is recerved for creature such as hinley — Charity
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