Non-payment/Prison

Non-payment/Prison

Postby Veronica » Sat Feb 28, 2009 4:43 pm

I've been there. I did a month for non-payment of the Poll Tax. So I know the ropes. (It was deliberate. I gave myself up, in order to find out what happened. The Policymen had been chasing me for 18 months. Long story, and actually quite hilarious).

But that's not the point. The point is to explain what happens.

1) First of all they have to 'establish liability'. At this point the idea is to get them, first of all, to establish JURISDICTION (in the ways we know about). They think they just have to establish liability. We know they have to establish jurisdiction first of all. So that's the initial fight.

2) Assume they ignore all that, and just establish 'liability' (with every fibre of their soulless (flatulent) bodies, of course) you'll get a Court Order to pay, and a period in which to pay (this would be a MINIMUM of 7 days).

3) Assuming you still don't pay, they will summons you again. What they do is to ask you questions about your income/outgoings, etc. If you supply that they will come up with 'an amount to pay per week'. This is where they will assign a Prison Sentence. They will say "We find you guilty of not paying £xxx and are giving you a prison sentence of yyy ...". They then pause to give you time to shit yourself. They then continue "... however we have decided to suspend that sentence provided you pay £zz per week".

(Since I knew that would happen, I did not shit myself on cue. I think this might have upset them a bit)

OK. What does all this mean?

Well, the first thing it means is that AT ANY TIME AT ALL - including if they actually get you into prison - THE AMOUNT THEY HAVE FOUND YOU ORIGINALLY LIABLE FOR, will get you out, and will stop the entire process dead in its tracks.

YOU ALWAYS HAVE THAT 'OUT'. Do NOT forget that.

In fact, it gets cheaper. As a Civil Offence there is no parole. What happens is that every day counts the amount downwards until there is nothing left to pay. A simple example is 10 days for not paying £100. So each day inside is worth £10. After 5 days, £50 will buy you out. You get the picture? After the 10 days £ZERO buys you out. That's the way it works.

They cannot, by law, keep you in prison for ONE SECOND longer than the sentence. In my case, my sentence was up on a Bank Holiday Monday. Because of the lack of staff on the Saturday, Sunday AND the Monday, I was released on the preceding Friday.

I just thought I should explain this. I hope no-one needs to know it.

(But ... just in case ...)
Freedom's just another word for: "Nothing left to lose" (Janis Joplin)
"There is no path to peace, peace IS the path" (Mahatma Ghandi)
"There is no path to freedom, freedom IS the path" (Veronica Chapman)
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Re: Non-payment/Prison

Postby Veronica » Sat Feb 28, 2009 5:37 pm

Oh ... something I forgot to mention (I think of these things as they occur)

In the case of (1) & (2), above you can always request a Judicial Review. This would take place in a higher Court. Grounds for a Judicial Review would be that they Magistrate had not responded to your letter in substance and had not, therefore, proved jurisdiction.

(There are two jurisdictions. Jurisdiction over the matter, and jurisdiction over the person. If they had taken no account of your letter, then had not proved the latter)

If the Judicial Review came down in your favour (as it should) the Court should be reprimanded (but it won't be, of course)
Freedom's just another word for: "Nothing left to lose" (Janis Joplin)
"There is no path to peace, peace IS the path" (Mahatma Ghandi)
"There is no path to freedom, freedom IS the path" (Veronica Chapman)
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