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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Private Prosecutions by the **AA | 154 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Private Prosecutions by the **AA
Authored by: Anonymous on Monday, August 20 2012 @ 05:23 AM EDT
An unlicensed tradesman doing electrical wiring is firstly a matter
of public safety, and secondly a fraud on licensed electricians who
have paid the price to conform with the law.

But Mr Vickerman is the victim of a judge who believes that the
establishment (XXAA) doesn't go round prosecuting little people
without good reason. While Mr. V. may appear to deserve to win
on appeal, his demeanour during the trial, and his line of business
could put him on the back foot. I believe the British police have at
the least the right to move along someone standing on a street
corner handing out flyers telling people where to buy goods which
have a strong probability of being stolen; and more likely they
will invite him to assist them with their inquiries. Yes, in this case
they decided they couldn't afford the time to determine if the goods
were stolen or not. So the fact that the Crown Prosecution Service
chose not to prosecute should count in his favour. Pity he is unlikely
to afford the cost of a proper appeal.

Note also the XXAA went for Mr V. as he was a bird in the hand.
Going after all the actual infringing sites he fingered was too
much work for them, in spite of the CPS suggesting that's
what they should be doing.

[ Reply to This | Parent | # ]

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