The below is for consultation for The (Al-) Ansaar Association.
Connect with us via email- AnsaarCommunity@gmail.com
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The Reform of our Criminal Justice System
The State enact laws, the breach of which are called criminal.
The Criminal Justice System (CJS) is therefore an arm of the State.
Excesses of the State lend to tyranny, and the CJS is the instrument of that tyranny.
People are in need of protection from that tyranny, Magistrates and Judges should step up to that their primary role of protecting the people from such tyanny.
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Summary of Our Advocated Position
1- TIME LIMITS.
The Police, and Criminal Prosecution Service (CPS), will have a maximum of 3 months, from initial interview, in which to bring their case to court.
Cases after this time period will only be accepted to be heard if and only if it is proved in Court that the plaintiff in the matter obstructed the progression of Justice with a deliberate and provable intent.
The only exception to this rule is in cases where there is a provable conspiracy between individuals, or the plaintiff is an organisation or institution.
In these cases the time period is doubled or trebled, depending on the level of the conspiracy or the intracacy of the institutional structures involved.
2- THE RIGHT TO PRIVACY.
The Police, and the CPS, have no right to invade the privacy of individuals in the making of their case, except in the case where conspiracy between individuals is provable, or in regards to organisations and institutions of people.
Such evidence can only be admitted into court after it is first proven within that court that such a conspiracy exists.
Any evidence brought to court through those means, which is not so proven, will be fully ignored with a recommendation by the presiding Judge for a prosecution by a panel of Judges of the CPS appointed lead proescutor, and the Lead Investigating Police Officer, and any authorising Officer above them.
3- THE FICKLENESS OF TESTIMONY.
Testimony will only be accepted into evidence when it is corroborated by a second and then third independant eyewitness source.
It is not for the accused to rubbish a testimony of the complainant by providing a reason for it, sufficient is it for the accused to provide his or her own account without being forced to counter accuse the complainant.
4- NO WEIGHT CONFESSIONS
Confessions should carry no weight, precisely because Police Forces are well adept at proving their own immorality, showcasing their superiority over the Law, and constructing situations where accused individuals are psycologically compromised even without them ever knowing.
And without such abuses of power ever coming to light.
Initial interviews should be fact finding and provide the individual with their opportunity to tell their own story.
They should not be admitted in to evidence at court.
Confessions should only be accepted into evidence if provided on three separate individual occassions.
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WHY DO WE HOLD THIS ADVOCATED POSITION
The (Al-) Ansaar Assocations knows through first hand verifiable testimony of Police abuse of powers, of Police behaving above the Law, of their lying to Magitrates and Judges, or their immorality in all respects.
The current state of Policing is that the Police investigate only so far as to convict, and not to prove, nor even investigate thoroughly.
They rely on conviction through sentiment and not fact.
The shame is in their not being held to account by the CPS, nor by those Judges charged with protecting our Public from the tyranny of State.
And they being instruments of the State, holding immense power by virtue of that, means that the primary job of Magistrates and Judges should be in the proteciton of our public from such tyranny.
And not with them turning a blind eye, nor with them accepting their narrative of justifiable abuses of power on the basis of questionable convictions that are the result of such.
We, the (Al-) Ansar Association will not shy away from holding all of these to account, by shining a light on their hyprocrisy.
This we will do by taking your first hand testimony, documenting it, and by promoting it here on our website hoping that the Powers that be will bring us to court.
So that they come to know that we have no fear of them, not the corrupt Police, nor the CPS that encourage them, nor the Courts that fail to hold them to account.
Alhamdolillah Allah has chosen for us to be Muslims, and we do not fear any accept His displeasure.
And we know that the calling of every Muslim is to fight corruption and oppression whereever it might reside.
Along with the Top 4 Advocated Reforms of the CJS, we also advocate for the following:
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5- NEGATING TRIAL BY SENTIMENT
Each claim made by the complainant is to be fully investigated, and the Police will be charged with proving that they did so in the court.
And they will make all of their findings known, irrespective of whether it corroborates with the complainant's narrative, or not.
Each claim made by the complainant is to be put at first instance to the accused in order for them to know the basis of the complaint and to afford them the right to defend themselves.
This must be done at first interview and in a clear manner both verbally, and then secondarily in written form.
6- POLICE TESTIMONY
The testimony of the Police, or any in similar authority, should be discounted by all Judges and Magistrates.
And should not be heard, except to explain how evidence was obtained, and in what context.
The evidence should be allowed to speak for itself without elaboration.
7- IMMORALITY BREEDS ITSELF
Evidence obtained by immoral means should be roundly rejected.
For we know from our books that immorality breeds further immorality, and no justification is strong enough to eclipse this fact.
8- THE DISMISSAL OF CORRUPT POLICE
Judges should be charged with the dismissal of any Police that they find have lied to the courts, provided false or misleading testimony, or obstructed Justice, and their immediate line Officers.
Further, dismissal should extend to the removal of State Pension funds.
9- COMPLICIT OBSTRUCTION OF JUSTICE
Judges should be charged with the dismissal of all Police Officers and CPS Lawyers, that are found to be complicit in the destruction of evidence, in the failure to safeguard evidence, in the falsification of evidence, in the failure to provide the defence with evidence that could be reasonably be used in their defence.
The Police and CPS have a duty to provide such evidence as can be reasonlably be used by the defence to aid it's case, in a clear and non-obstructive way.
Being complicit should extend to all and sundry that knew of that obstruciton of Justice, without seeking to redress the imbalance, or bring it to the light of the court.
This right is without time limit, it being known after the fact of conviction should not hinder the progression of a case brought against these complicit officials.
Who once so charged by the Courts, should be suspended and have access to their instruments of Power, neither themselves nor through any proxy.
It is not that the conviction is to be overturned before such progession can be had, rather the counter is true- that progession of a case of corruption of Police and CPS Lawyers takes place as a matter of urgency so that injustice can be righted in the most timely of ways.
And this conviction is to be Judge and Court Led.
10- NO RIGHT TO INDEPENDENT REPRESENTATION
In all such cases of, Judges should immediately proceed to conviciton of those complicit there without referal to, or progression by, the CPS.
The Presiding Judge will determine that a panel of three Judges will pass judgement on all complicit individuals who will have no recourse to independent representation other than their own voices.
Obstruction of Justice will be judged as malfeasance, and will warrant dismissal.
Conspiracy to obstruct Justice will warrant a custodial sentence, for all found guilty of such.
2 comments:
We are taught in University in regards to the adversarial nature of court that the logic goes that Judges and Magistrates are there to “manage the process”, and leave the judgement of guilty or innocent to a panel of peers- the Jury.
This is clearly not the case, since Judges and Magistrates do not seek to manage the whole process but instead allow the Police and CPS to get away with abuses of power that are tyrannous.
Things must change.
And God is our witness that His Will be done.
The deviousness of the CPS knows no bounds. If they are not successful in a conviction then they bring another.
This is the case with countless unfortunate people that come under their sway from Lucy Letby to Ibrahima Bah.
This will end by God’s leave and His Powerful Mercy. That such people once freed should be free from further oppression.
When you look at the case of Ibrahima Bah we see once again that the CPS acts as an arm of the State and is concerned with exercising the power of the State to oppress individuals. It is not concerned with crime or its eradication.
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