Does a Warrant need a "Wet Ink Signature"?

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Жыл бұрын

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In England and Wales, a warrant is a written order issued by a judicial or administrative officer that authorizes a person to perform a particular action, such as an arrest or a search. The warrant must be based on probable cause, which means that there must be sufficient evidence to suggest that the person or property to be searched or seized is connected to a crime.
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Пікірлер: 287

@dyschromotopia Жыл бұрын

I think most enquiries in regard to this relate to debt collectors knocking on peoples' doors for civil disputes flashing a tablet displaying a "warrant of control" document &, fraudulently, presenting it as a warrant of entry issued in a court of law by a judge/magistrate.

@dyschromotopia Жыл бұрын

@@deanjustdean7818 Precisely, they are con artists preying on the vulnerable & intimidating the weak. Banging on doors dressed in mock Police uniform (stab vests, mock insignia, bodycams, & contrived job titles such as enforcement agent, recovery officer etc.....conceived to infer a legal authority...pushing past the threshold blocking doors with their steel toe-capped boots & insisting they have court warrants to allow them entry. Tey buy debts for pennies & add extortionate fees to the alleged debt....clamping vehicles illegally. They act with impunity.

@MrAndrewFarrow Жыл бұрын

@@deanjustdean7818…especially you.

@shintenkai1648 Жыл бұрын

@@MrAndrewFarrow did it take a few minutes for you to think of that

@Locutus Жыл бұрын

@@shintenkai1648 Did it take a few minutes for you to think of that response? Mine took a few hours.

@JohnWoods-xi8yt 7 ай бұрын

I'm maybe one of the first Common Law Sheriff's since they were forced to dissolve in 1800 in order for the Fake police to take over from the Sheriff's in 1816 & from day one they turned into a CORPORATION so the difference is we the Sheriff's take our promise to GOD ALMIGHTY to serve & protect the people & their property so the moral of the story is STOP misleading the people without a wet ink signature & their written name below signature then NO ONE has taken liability making all paperwork NULL & VOID so be careful what you preach cos in mine & GOD'S LAW that is Deception & Deception is as you know FRAUD. Common Law Sheriff doing GOD'S Will/Work & NOT the devils. In Jesus name Amen

@Sidistic_Atheist Жыл бұрын

In my experience. Bailiffs will try to BS there way into your house. Claiming that, if they have to return with a police officer, to affect entry. There will be an additional charge in the hundreds of pounds. On top of the hundreds they have already added to the debt. Basically, scaring you into giving them access.

@krpkrp3033 Жыл бұрын

And yet they never get done for fraud or the police for helping them a private company

@spuddog68 Жыл бұрын

Many thanks for posting and clearing this matter up. Much love and respect from not so sunny Devon.

@sarah6557 Жыл бұрын

❤️😊Thank you 4 clearing that up about the wet signature 💯

@TheSadButMadLad Жыл бұрын

Reasonable help in a TV license warrant could extend to pointing out where the remote is, where the on/off button is, and that's it. No passwords to computers as that would be unreasonable since it would give access to private information that is not part of the search.

@MrAndrewFarrow Жыл бұрын

You don’t know that. The courts haven’t decided what would be reasonable. If your laptop CAN get YT, and Sky News IS on YT, then it can be argued that your statutory duty to assist, may well cover it.

@TheSadButMadLad Жыл бұрын

@@MrAndrewFarrow I know it's not defined. I'm just being a reasonable person and giving my reasonable opinion about reasonable help could be given. Giving passwords is probably stretching it. That is very private information.

@alextomlinson Жыл бұрын

Just say you don't know the password. Sounds less obstructing

@MrAndrewFarrow Жыл бұрын

@@alextomlinson isn’t there a situation where you HAVE TO give them the password? I seem to recall that from somewhere. I guess I could look it up! It’d be a bit tough if you’ve genuinely forgotten it.

@alextomlinson Жыл бұрын

@@MrAndrewFarrow exactly and they'd have no way of proving you were withholding it

@SBsoton Жыл бұрын

Forget the end screens can't even see them on two out of the three devices I use. Good work very useful information thanks👍

@headshot6959 Жыл бұрын

7:30 not gonna happen. There is no way in hell I would hand over laptops/phones/PCs and unlock them so some filthy licence inspector can poke around. It doesn't matter what is or is not on those systems, it's not their business. Am I obliged to even have the electricity on? The TV goon has no business checking my fuse box and breakers. Such bad luck the power went off when they turned up!

@Rapscallion2009 Жыл бұрын

I really like these videos filmed around the home. I think they have a real openness and honestly to them. Little things like the Coke Zero can & slight domestic clutter in the background somehow add a comfy aspect to what is quite an uncomfortable subject for many people.

@highpath4776 Жыл бұрын

Product placement and advertising ?

@Rapscallion2009 Жыл бұрын

@@highpath4776 I doubt it. I think he just was thirsty or needed a pick me up.

@keep_digging Жыл бұрын

outstanding, thank you

@russmclean2395 Жыл бұрын

Daniel, thank you for all of the pro bono work that you help many people with. On the topic of warrants, might you have insight on what may happen if an applicant for a warrant, applies for that warrant with information that they know, or should know is “unsafe” or outright dissembling? Big thanks, Russ.

@cbedford9379 Жыл бұрын

Surly with the cases of vulnerable persons and the Ofgem digital meters caes this can also be classed as doing the same harm to vulnerable persons if not more so!

@muldoon67 6 ай бұрын

You should go into more detail on how a warrant relates to laptops/PCs. If they try to imply that a laptop is a 'television receiver', what are they going to do about it during the course of serving a warrant? With a TV they will try to turn it on, look to see if an aerial is connected or even look for a list of channels. But what will they do with a laptop. Are they even allowed to touch it?

@Boudicca-the-musical Жыл бұрын

BB could I ask you to clarify one point. The relevant paragraph of Section 366 of the Communications Act 2003 (which you quoted in a recent video) reads as follows: "Where a person has the power by virtue of a warrant under this section to EXAMINE OR TEST [emphasis added] any television receiver found on any premises, or in any vehicle, it shall be the duty- (a)of a person who is on the premises or in the vehicle, and (b)in the case of a vehicle, of a person who has charge of it or is present when it is searched, to give the person carrying out the EXAMINATION OR TEST [emphasis added] all such assistance as that person may reasonably require FOR CARRYING IT OUT [emphasis added]." Nothwithstanding the inherent ambiguity of pronouns, I think we can agree that "it" in this context means the test NOT the television receiver, and "carrying it out" means carrying out the test - NOT carrying the television receiver out of the premises. (Apologies for the levity.) So the duty to assist, surely means a duty to assist with the TEST, not with the SEARCH. You acknowledged that the precise meaning of the wording has yet to be tested or ruled upon in Court. But it seems to be very clear from the wording "all such assistance" refers to "carrying it [the test] out". There is nothing in the wording about a duty to give assistance in locating apparatus that needs to be tested or that the party acting under the warrent might wish to test, unless I am missing something. How much latitude do the courts have, when the wording clearly refers to "duty of a person who is on the premises...to give the person carrying out the examination or test all such assistance as that person may reasonably require for carrying [the test] out."? Surely if parliament wanted to include assistance with the search itself they would have added a paragraph or subparagraph stating:"It shall be the duty of a person who is on the premises to point out to the person carrying out THE SEARCH the whereabouts of all such apparatus known to him as the person carrying out the search may wish to find."? Yet no such wording, or equivalent is present in the act. I'd love to hear your take on this.

@Boudicca-the-musical Жыл бұрын

Also note that it says "any television receiver FOUND on the premises" not "any television receiver on the premises" so it only applies in the case of a television receiver that has been found". And only after those words does it say "it shall be the duty".

@onlybugwit Жыл бұрын

EXACTLY ! are these people who visit qualified to do 'TESTING' ? personally ,, I would want to see their qualifications. I am not qualified to point out what is capable of receiving a TV signal.

@kevinbartram5302 Жыл бұрын

Why would or should any one WILLINGLY assist another to rob them? Basic principal of life surely?

@barrymurton8988 Жыл бұрын

How do you genuinely know if the person ‘flashing’ the warrant is genuine- when the boys or girls in blue turn up there is a pretty good chance it’s genuine but someone with a plastic ID hanging round their neck is different!

@colinscutt5104 Жыл бұрын

these days i wouldn't be so certain mate the police have repeatedly caught in recent years flashing fake or non applicable "warrants" to people in order to secure entry or cooperation

@lrdisco2005 Жыл бұрын

Very few police officers have a clue around civil law, so they side with the establishment and often can be seen assisting Bailiffs

@Thurgosh_OG Жыл бұрын

@@lrdisco2005 The TV Licence is in Criminal Law not Civil. Not that the Police would know either way.

@debatable1984 Жыл бұрын

@@Thurgosh_OG it's criminal if they can prove you were using the service without paying for a license. It's next to impossible for them to prove that even you were watching BBC all day if you play your cards right.

@alexanderevanska4274 Жыл бұрын

But, surely, A clerk of the court should not sit there rubber stamping warrants a hundred at a time without reading up on them or checking the evidence that constitutes a the warrant.

@vatsmith8759 Жыл бұрын

The warrants are authorised by a Magistrate or Judge having considered each individual application but the clerk may stamp them once they've been so authorised.

@upsidedown4155 Жыл бұрын

I read thru a load of laws regarding bailiff's, and i will never claim to know or understand it all, but i was shocked to find it says they can 'menace' (the actual wording i saw) the named person, but whats the definition of menace by a bailiff as must be different to a citizen being menacing, top geezer 👍

@tehwarl0ck Жыл бұрын

awesome you settled on a name for the app

@HonchHeado Жыл бұрын

I got to 13 seconds and already know the answer is NO, it can be a photo copy a scan an anything once a Magistrate or Justice has signed it, its in effect. Even for non court fines it automatically becomes a warrant.

@stevekelly5166 Жыл бұрын

I do not need a TV licence as this is my conveyance or vessel and I'm travelling under section 61 of the Magna Carta in my home, I mean boat on land. I'm a freeman of the shoe shop of the same name (used to be one in Bristol.) Freeman Hardy & Willis. Find one on the high street now or a TV licence van outside your nans' house in 1974. Give me your name and badge number? Personally I just have a TV licence as whilst I do not agree, much easier/cheaper than not having one. As a railwayman over 40 years, here's one. I dare you to catch a train an get caught with no ticket. The magistrates comically even add on your say minimal fare you evaded of as an example £6.40 onto a criminal record you now have and £400 to £600 fine as a laugh, and a rightful laugh. Then add the victim service charge. All for being clever and not paying the cheap fare. Don't do it kids! Don't risk it as you will get away with it UNTIL you are caught and then get a criminal record. Please, do not do it. Wet ink though. It's 2023 🙂 Find some ink! Next argument will be by a ostrich quill delivered by carrier pigeon.

@HonchHeado Жыл бұрын

Like the British Gas warrants they are legal, that is like an authorized warrants office with a JP authorized to sign civil warrants. But then this does become what is like a degree factory or a warrant factory and some people have beaten them due to this but rarely.

@jonp6798 Жыл бұрын

I don’t use end screens unless I am being suggested a video to go on to which I want to watch. Often for me they don’t work so I prefer a link in the description which I save for later but I’m not your average person.

@jameswakefield6148 Жыл бұрын

Can a person find out what evidence given by tv licensing to get the warrant is it on the warrant itself

@neiljones8467 5 ай бұрын

could you do a follow up on the different types of warrants and what is legal requirements to comply with them please. Also thank you for the videos as it be interesting learning experiences.

@pompeymonkey3271 Жыл бұрын

The small company that I work for has been evolving into a paper-free environment over the last few years, and it is close to achieving this. The process includes all the documentation required for various ISO, trading standards, tax, and engineering compliances, Pretty much the entire goal-mouth. The, non-physical, electronic records of activities are accepted by all the relevant agencies, and all is good in the World... But, if you are exporting military (or dual-use) goods then you Must have "wet-ink" documents agreeing compliance with the UK military export rules from your consignees, or end-users. No letter, no export.

@anthonyabbott1339 Жыл бұрын

The legislation states that the duty to assist an inspector exercising a warrant applies to any person on the premises. A simple solution therefore would be let the bbc guy in and then leave the premises. Stand outside on the pavement then you’re not under any duty to do anything. Maybe. I’m not a lawyer so don’t take my word for it!

@Bernie_the_Bolt Жыл бұрын

How do you know the warrant is genuine and not a forgery?

@mrsillywalk Жыл бұрын

I would surmise that you do not have to provide electric power to your devices for the purposes of their search. This would be a cost to you and hence your property which they are taking without your permission.

@jimmyriddle4159 Жыл бұрын

On the sub-subject of tv goons executing search warrants. It has been said that such searches would be carried out in ‘the main living area’ of the home. Presumably this means living rooms and kitchens?? But not bedrooms? Garden sheds? Etc.

@andyalder7910 Жыл бұрын

Do you get the opportunity to verify the digital signature, i.e. open it with Acrobat rather than just get a bit of paper?

@hunglikeadonkeybutnotassmelly Жыл бұрын

*Important* A mobile phone, computer, tablet. Do not ordinarily have a TV Receiver built in. They are not designed to be Nor do they have the circuitry to be Live TV receivers. So I disagree. A TV receiver is a specific device ! has this been accurately defined in court? They are radio receivers that only use specified radio frequencies, not any other device. I think the term " any other device" should be challenged. Not that any of this matters they would never allow a mere pleb to win a challenge.

@jamesbillington3501 Жыл бұрын

If it is all electronic how is anyone able to know if the warrent is actually legal or not and weather they should allow it to be carried out?

@jamieeames8934 Жыл бұрын

Is there an legislation that sets out exactly what does and does not require a wet ink signature to be valid. I had a very bizarre request recently from an organisation I’m a member of to sign my GDPR consent form specifically in wet ink. My thoughts were how can I apply for credit cards and bank accounts without actually putting pen to paper but a GDPR consent has to be wet ink.

@barneylaurance1865 Жыл бұрын

Unlikely - each thing will have separate legislation that says what it needs. I think there's no reason to start from the idea of wet ink signature and need to look up all the things that might need it. You start in the opposite direction from the thing you need in your situation (e.g. this organisation apparently needed your consent to data being processed) and then research what the requirements for that are.

@bushcraftone7240 Жыл бұрын

section 44 companies act 2006 execution of documents quote " 44Execution of documents (1)Under the law of England and Wales or Northern Ireland a document is executed by a company- (a)by the affixing of its common seal, or (b)by signature in accordance with the following provisions. (2)A document is validly executed by a company if it is signed on behalf of the company- (a)by two authorised signatories, or (b)by a director of the company in the presence of a witness who attests the signature. (3)The following are “authorised signatories” for the purposes of subsection (2)- (a)every director of the company, and (b)in the case of a private company with a secretary or a public company, the secretary (or any joint secretary) of the company. (4)A document signed in accordance with subsection (2) and expressed, in whatever words, to be executed by the company has the same effect as if executed under the common seal of the company. (5)In favour of a purchaser a document is deemed to have been duly executed by a company if it purports to be signed in accordance with subsection (2). A “purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property. (6)Where a document is to be signed by a person on behalf of more than one company, it is not duly signed by that person for the purposes of this section unless he signs it separately in each capacity. (7)References in this section to a document being (or purporting to be) signed by a director or secretary are to be read, in a case where that office is held by a firm, as references to its being (or purporting to be) signed by an individual authorised by the firm to sign on its behalf. (8)This section applies to a document that is (or purports to be) executed by a company in the name of or on behalf of another person whether or not that person is also a company." verbatim

@bushcraftone7240 Жыл бұрын

i am not sure if links are accepted here but just type in a reputable search-engine you trust "civil procedure rules signature" and you will find several results for different scenarios

@jeanjacques9980 Жыл бұрын

I went through video list, unable to find video on this aspect of consumer law. I am confused most consumer electrical items have a one year guarantee however European legislation seems to indicate that the guarantee period is 24 months for a faulty product. Which is the lawful period of a guarantee, 12 or 24 months?

@my_carp_life3424 Жыл бұрын

If you don't need a wet ink signature or wet stamp then anyone could print one off the internet

@ashm4938 Жыл бұрын

anyone could print one off and sign it themselves too. It is harder to forge an e-warrant or e-contract than a physical paper one because of the authentication and encryption software behind it, and it cant get "lost"

@ningis21 Жыл бұрын

Great stuff...Curious though....prior to printed / email etc... was a "WET SIGNATURE" required and when was the law....if there was one....changed?

@solentbum Жыл бұрын

Years ago the only writing implements were a wet ink pen or pencil/crayon. There was a similar discussion over the use of Ball point pens. Now we have digital facsimiles acceptable on documents. The important part of a Warrant is that it shows a degree of oversight by a third party into the reasons for its grant.

@StephenBoothUK Жыл бұрын

A general question comes to mind, not specifically on TV licensing. If someone goes to a barrister for legal advice which they then act on, but the courts take a different interpretation of the law (for the purposes of this quest we shall assume it’s an edge case where it is possible for two or more different honestly held interpretations to exist, if it were clear then the person probably wouldn’t need to talk to a lawyer), is it a defence or at least mitigation that the person can say “I consulted with a qualified person and acted on the advice they gave me”? What particularly makes me think of this is that as a union rep I deal a lot in employment law. One of the more surprising things about employment law, well it surprised me when I discovered it, is that a lot of what at work is considered ‘legal’ is in reality in a grey area of there’s no law to say that is the way to do it, not even written good practice, it’s just that no-one has ever written law to ban it or tested it in front of a court so it’s assumed to be legal on the basis that no-one said it isn’t.

@patrick-ez8hi Жыл бұрын

if this licence has has the words TV LICENCE, then surely, your mob, phone and your l/top cannot be liable for a licence? they are not tv's

@davidchandler9260 Жыл бұрын

How is a blind person served with a warrant? I dont read braille so how would I know the validity or is there an exception within the 2010 equality act (or indeed 1995 disability discrimination act).?

@SplicedSerpents Жыл бұрын

I think in the worst case they'd get a trusted person - solicitor/social worker to verify the warrant

@plumberman4u Жыл бұрын

Brilliant Question. BUT, How are you going to read answer /comments?

@engineeredlifeform Жыл бұрын

In the context of Television this is a rather niche question, don't you think?

@davidchandler9260 Жыл бұрын

@@plumberman4u - on an iPhone it’s called voiceover… text to speech…. But as tge police are taught ABC Accept nothing Believe no one Check everything I would be unable to check it was genuine… avd getting someone ensue to read it to me means I am not able to make an independent life choice (2010 equality act)

@laceandwhisky Жыл бұрын

@@SplicedSerpents solicitor/ social worker trusted 😂😂😂😂 I'd rather trust a road sweeper

@GreatAwakeningE Жыл бұрын

How many fraudulent/illegal warrants are issued each year? How many illegal searchers are carried out, by warrant officers or police, each year? How is it possible for a member of the public to verify a warrant before the search takes place? How can the public protect themselves from warrants being abused, or warrant officers exceeding their powers?

@craigcotter7476 Жыл бұрын

a great question. Sadly the black belt hasn't bothered answering it. However, he did answer a silly question asking if he has a favourite ink colour for his fountain pen.

@caparn100 Жыл бұрын

8:15 Is it correct to ask the BBC press office for clarification on what they consider to be a TV company. They have a vested interest in making people get a TV license so might say you need a license for things you don't. Surely it is the people that made the law who would know?

@philthorpe6942 Жыл бұрын

Do householder s have to remain in the property?are people in the property detained during the search?

@andrewdoherty737 Жыл бұрын

Could you refuse to assist on the basis that it may incriminate you, and you cannot be compelled to do that?

@Historyfan476AD Жыл бұрын

seems these signatures rules could do with revision and being reworked.

@odownton1322 7 ай бұрын

Hey BBB I have received an apparent warrent it has the wrong address for myself and then there address has been stuck on with a sticky note, is this standard practice and acceptable and any advice or tips would be really appreciated Keep helping out the community and making videos dude!

@johnwaller4033 Жыл бұрын

I'd like to see a debate between you and Justin walker and how different offences should be brought

@ToonOfLancing Жыл бұрын

Are magistrates and judges supposed to carry out due diligence in approving warrants or can they just rubber stamp lists of hundreds without examining the cases individually?

@frankgardiner5002 Жыл бұрын

I understand electronic warrants and not having a wet in signature but the judges or magistrates name on the warrant the problem I'd have not having a name on it at all, in not having a name of the person issuing the warrant and the warrant is wrong or issued not in accordance with the regulations where is the redress? as there is no name on it

@damianmatthews2232 Жыл бұрын

Great video as always but I must ask if this standing under common law myth is flawed then why are so many bailiffs and court officers backing down when challenged especially if the law is on their side as this is what is being seen. As always cheers for your opinion

@evelbsstudio Жыл бұрын

I have seen friends ask to see a warrent but they refuse to show him, so do you know if it exists?

@SidBonkers51 Жыл бұрын

What would happen in this situation? An elderly person living alone who never watches his TV any more (for whatever reason) and stops paying his TV Licence, no problem. But he has a working television in the corner of his room with an aerial plugged into it but the TV is too heavy for this person to move and they cant reach or dont know where the aerial is. Would they be liable for prosecution?

@paulmcgair5796 Жыл бұрын

So why aren't people notified about or allowed to challenge the warrant application to the court before a warrant is granted...

@vatsmith8759 Жыл бұрын

Possibly because it would give them time to dispose of any evidence before the officers were allowed into their house to search for it? Just a guess.

@greenlanes5140 Жыл бұрын

Does a warrant or liability order require a signature of any sort rather than just a blank space followed by the words debt recovery team or some such?

@davideyres955 Жыл бұрын

Question for you. If you are required to provide assistance, can you just leave the building and walk off? Is there a requirement to stay?

@zuegma666 Жыл бұрын

Its not just a specific warrant courts now, a lot of search warrants are now dealt with remotely using microsoft teams and a secure phone conference number.

@relaxationmeditationretrea921 3 ай бұрын

What about the council tax warrant when they are bundle together

@craigcleveland3431 Жыл бұрын

As Tony said, could you be forced to assist in the execution of the warrant if it would incriminate you?

@michaelkaliski7651 Жыл бұрын

Unlike the United States, there is no provision to avoid giving evidence that may incriminate yourself. The Court may draw an inference of guilt from a refusal to cooperate. Under some legislation refusal constitutes a separate offence which usually carries similar penalties, i.e. refusal to provide a specimen of breath or blood without reasonable cause is tantamount to admitting a drink/drive or drug/drive offence, which carries an automatic disqualification from driving.

@johnvienta7622 Жыл бұрын

@@michaelkaliski7651 , if a defendant is directed to answer a question by a member of the judiciary ( in a Court ) it could certainly cause issues however the outcome of refusing to self-incriminate may well be a better option than answering the question for some defendants.

@johnvienta7622 Жыл бұрын

It is an interesting area as there is no obligation on anyone to assist Police in an investigation and yet as stated by BBB the legislation states that reasonable assistance must be given to the authority with the warrant. Probably best not to assist and deal with the fallout later, in my opinion.

@onlybugwit Жыл бұрын

Are you qualified to say what is capable of receiving a TV signal ? are they qualified to recognise a TV signal receiver ?

@malthomas987 Жыл бұрын

can the "evidence" for TV license search warrant be demanded by anybody who is a victim of such a warrant?

@highpath4776 Жыл бұрын

Problem with warrents it appears is judgement is given on the evidence presented , should not courts make enquries (thinking of the gas meter changes where the address ./ person is actually mis-matched due to out of date information) that the actual person is (reasonably) at the place the warrent applies to ?

@steveng6788 Жыл бұрын

could the Citizens Advice Bureau offer free advice to people on whether or not they need a TV license?

@johnwaller4033 Жыл бұрын

The biggest company always wins my son had a company tell him it was there fault over and over but they just carried on knowing he can't afford or as the mental strength to do anything about it

@ascelot 9 ай бұрын

If electronic signatures are allowed, how does one know if its fake as in just replicated.

@DerekEmerson Жыл бұрын

This applies to warrants, does this apply to any and all court documents? Is the term ‘wet signature’ simply not true anymore?

@onlybugwit Жыл бұрын

What is a television ? My son bought me , what if you looked at it would probably be described as a television, BUT, I don't watch television , so I use it as a monitor for my PC, SO, is it a television or a monitor ? what is the difference ? ANYONE ?

@The_Mystery_Man_2024 Жыл бұрын

Television.

@stephenbarnes5341 Жыл бұрын

There was a case several years ago of BBC obtaining a warrant and the home owner assisting them with their enquiries only for the BBC to photoshop the homeowners TV to include a BBC channel only to present it to the court. What is the level of evidence for a warrant to be obtained in the first place? A TV aerial being seen on roof for example which could be cut off in the attic?

@Hammerman837 Жыл бұрын

All warrants issued by a court will be signed and stamped by the issuing court.

@williambarnes3868 Жыл бұрын

Does this requirement to' aid and assist' TV investigations not come into conflict with your right to not incriminate yourself. Also, I believe that one is under no obligation to assist the police in their enquiries, so why must you assist TV licence people if it may cause you to self incriminate, despite what it says in legislation. What about the right to silence if you have been placed under caution?

@jons9721 Жыл бұрын

You don't have a 'right' to not incriminate yourself, in fact, English law is simply not centered on 'rights' period. You are allowed to do anything you want unless there is a law saying otherwise. This isn't the US

@Restricted68 Жыл бұрын

Is a warrant shown through an iPad legal?

@gamewithadam7235 Жыл бұрын

Couldn't watch the whole thing, was the answer yes or no?

@JohnWalker-rt6ue Жыл бұрын

In the same mode, can fabricated photocopies be accepted as evidence in Court, when original documents cannot be produced, or never actually existed.

@ashm4938 Жыл бұрын

well original documents for e-contracts, e-warrents etc exist in electronic form. Quite often there is a tonne of authentication behind all that too, but for many cases a printout will suffice, no different than how photographs of evidence will suffices rather than bringing in the evidence physcially

@thomasdalton1508 Жыл бұрын

You are only required to assist in the examination or testing of a television receiver. That doesn't sound to me like you are required to assist in locating a television receiver. It might require you to provide a password for your computer or phone, though, which feels like a disproportionate intrusion.

@danielknott7447 Жыл бұрын

I have a strange question regarding bailliffs if you don't mind. My address sounds very similar to another address locally and is often mixed up. I get red letters addressed to someone who has never lived at my property, usually with my address but the wrong post code. I have had police at my house getting it mixed up with the wrong address and lots of other problems. Basically I had a bailiff at my house saying they had a warrant to enter and seize goods. The address was correct apart from the post code but i have no idea who that person was. I explained the problems I have regarding the address and they asked me to prove who I was but i had no way of doing so. My passport had been sent off and I don't drive so only had bank cards etc. They said unless I could prove this person didn't live here then they could enter and remove my property. This led to a big stand off and the police being called and I was told due to mine and my friends behaviour basically threatening the bailiffs if they tried to enter or remove goods that I could have been arrested. Is this true? I was protecting my property and the post code on the letter was not for my address. I constantly fear they may come back due to someone elses debt even though this has been reported to the companies and police many times. any help much appreciated.

@Jafmanz Жыл бұрын

I would ignore comments about 'you could have been arrested' it's an idle threat, if you had committed an offence you would have been arrested! the police also know that an incorrectly executed warrant is a problem especially if they are in attendance and facilitate. don't fall for their scare tactics but also don't make threats... just act when you need to act to defend yourself and your property.

@colinscutt5104 Жыл бұрын

I believe the bailiffs have to prove the person who owes lives there not the other way round, how can you prove a negative ?

@imbonkers3629 Жыл бұрын

Most important thing is don’t open the door 🚪 talk through it and explain to them have your name n afddress handy that it’s your home not the name their looking for

@danielknott7447 Жыл бұрын

@@imbonkers3629 I didn’t have any reason not to answer the door though. I’ve had a lot worse happen due to the mix up. I was almost tapered by the police and made to stand in the street with my hands in the air whilst wearing my pyjamas. That was scary, this just really annoyed me as they were very arrogant.

@HRHKingJamesIXofScotland Жыл бұрын

I got a good question. Its a long one. Are Royal Family members subject to the provisions of the Legal Services Act 2007, would they be defined as exempt persons; i.e. in respect of Litigation, and/or Rights of Audience. These were rights previously granted to all individuals who showed a learned ability of the law, until the formation of the Law Society and Solicitors Regulation Authority and the Labour reforms that restricted these fundamental rights of Justice, and therefor , its access?

@Historyfan476AD Жыл бұрын

The Monarch isn't, the rest are.

@HRHKingJamesIXofScotland Жыл бұрын

@HistoryFan476AD I would argue contrary, purely as, it would be a nominal fact of history that, the duty of a prince and his role in society, would be to administer the laws of the kingdom on behalf of the monarch, which one would rightfully believe, which can be anyone with a superior claim, to windsors, which there are, ironically, i am one of them, a catholic one, but one nontheless. Since the courts operate in the name of the monarch, it is and/or ought to be the automatic right, of heirs of the Crown, specifically, it should be their legal right also to be able to present their royal findings to a court of the crown, one example would be the Court of the House of Lords, whom convene to present their findings to each other, and make a ruling on law, for example, Lord Templeman, in respect of Tenancy Agreements, and what creates them in the 80s. I believe This would be one example of heirs of the Crown, having rights of Audience, and rights to Litigate or present a case to a court, or one acting in its name, R, as a representative of Law; through automatic qualification of royal descent, i have yet to see one royal be brought before the SRA, which i believe, is their upper jurisdictional limit, because, i was under their scope, however, after several mitigations, their investigation was dropped after informing them of who i am descended from, and that as a royal, we are are not subject to them, but them to us, however they argued we royals are, but did not wish to test the matter further. I believe it is required by every descendent of the Crown, to ensure they are fully equipped with their knowledge of law, and that, The Crown system cannot be used against its own heirs, only in the event of serious criminal activity. All legislation is passed in the Crowns name, of R. Mary R. James R, Elizabeth R. George R. etc, but it is discussed in the two houses prior, which also are courts, and ultimately, any one of us heirs, can become monarch. Which means, that comes with duties, responsibilities, obligations and rights, especially, the right to litigate on behalf of the nation and give audience to the people. :)

@Historyfan476AD Жыл бұрын

@@HRHKingJamesIXofScotland Well it's very simple. The saying the Queen/King could shot you dead and walk away scot free is true, she can't be arrested on any commonwealth soil. It's actually a power not given to any other royal family member except maybe the Prince of Wales.

@HRHKingJamesIXofScotland Жыл бұрын

@@Historyfan476AD I best pop me crown back on. and get back to work. :) good day sir. +1 for the name for preserving History, is the game.

@noelward8047 Жыл бұрын

What does a warrant even look like ?

@user-kx8ve7dp5j 8 ай бұрын

Hi there , if someone had bill not paid on mobile phones,debt collectors , also they can come with a warrant to get in your property?? Cheers

@anti-stupid-not--vax9629 6 ай бұрын

Nope

@lrdisco2005 Жыл бұрын

Is the word "warrant " a prescribed word legally in the UK. Like Lawyer for example.

@ianmason. Жыл бұрын

No, it's contextual. I warrant that I'm a old geezer. That usage of 'warrant' is different from the 'warrant' that is issued by a court, as is the 'warrant' in 'warrant officer', a military rank, and also different is a 'royal warrant' (but related to how warrant officer got its name).

@greamespens1460 Жыл бұрын

Sir may i ask do you use a fountain pen? If so any particular favourite colours?

@BlackBeltBarrister Жыл бұрын

I do. Must admit, I like blue!

@greamespens1460 Жыл бұрын

@@BlackBeltBarristerGreat J Herbin Lie De The and Diamine Prussian Blue.

@steveblease Жыл бұрын

I'd like to know how it's possible to hack and steal documents and communications then use said material in a case against a person or persons or business.

@gmo4250 Жыл бұрын

Are you a director at Manchester City?

@steveblease Жыл бұрын

@@gmo4250 regardless of that, the question still remains

@gmo4250 Жыл бұрын

@@steveblease OK, and this is the law. So, don’t disagree with me. Stolen or hacked documents can be admissible, it is for the court to decide whether or not they are. The court need balance the need to discourage illegally obtained materials with the need to have all relevant evidence in the case. In presenting illegally obtained evidence, their may well be ramifications further down the line.

@kevinbartram5302 Жыл бұрын

Putting the T.V licensing (Separate private company from the B.B.C I suspect) on notice not to come to your private premises should be sufficient. If they do turn up don't speak to them but put them on notice for breach of the last notice then take action. THEY HAVE NO AUTHORITY.

@PhilMacVee Жыл бұрын

With respect to TVL warrants, is it not a fundamental right [in proper process] to not self-incriminate? That standing as true, how can the statutory requirement to give all and any assistance in the execution of that [TVL] warrant not compromise self-incrimination? Is it not implicit that the execution of the warrant is de facto an aggressive interrogation which should be under caution?

@DirectDemocrat Жыл бұрын

Yes, the requirement to assist in TV Licence cases is understandable, given the potential range of receiving equipment, which may not even be recogniseable as such. But of course it also requires you to switch the equipment on if need be. All of this may well lead to you providing the evidence for your own conviction.....which is kind of strange. It's not really a black & White issue you might say

@mda5003 Жыл бұрын

I'm convinced that most convictions are indeed from those that either admit the offence or actually provide the damning evidence themselves.

@gmo4250 Жыл бұрын

@@mda5003 That is the case and evident by the number of warrants issued versus the number of prosecutions obtained.

@allothernamesbutthis Жыл бұрын

How much does it cost the tax payer to send each copper to assist bailiffs? 🤔

@stuartdelamare4072 Жыл бұрын

If the units not on who covers the cost of powering it up just for them to see it’s not being used because of the cost of electricity 🤷🏼‍♂️😆👍🏼🇬🇬

@misspurrr-fect3684 Жыл бұрын

@@allothernamesbutthis Police are not there to assist bailiffs ... they are there to keep the peace .

@richardrodneywillsher6065 9 ай бұрын

So a justice off the peace can not sign?

@atlanticx100 Жыл бұрын

Has ever a "wet ink signature" ever been necessary. I only as a matter of history. I know companies used to and possibly still have embossing seals I remember seeing then. Thanks BBB

@trickygoose2 Жыл бұрын

Sometimes a deed will be executed by a seal and a signature or signatures. Hence the phrase "signed, sealed and delivered."

@EastyyBlogspot Жыл бұрын

Random question but I do wonder how often laws get updated and how u keep up with any changes ?

@geordiewishart1683 Жыл бұрын

I know Police are updated by various internal memos, CPD training days, and personal diligence. I would imagine it's something similar for solicitors and barristers. I think their professional bodies have periodicals which highlight changes in the law, as well as various on line resource tools, all for a cost, of course!

@ashm4938 Жыл бұрын

laws get updated pretty much every day given the amount of them

@laceandwhisky Жыл бұрын

I would of thought to change a law it would need to go to parliament and the process etc otherwise they could start with a basic law passed and add or change at wim, fast way to dictatorial society

@barneylaurance1865 Жыл бұрын

@@laceandwhisky It depends what sort of law it is. Some laws are are made and amended by parliament (primary legislation), other laws are made and amended by government ministers, others by judges, others by local councils. Parliament is the supreme source of law in England and Wales, but other legislators can make laws within the limits that parliament allows them. The law against murder is a judge-made law, not a law passed by parliament.

@madmick9205 Жыл бұрын

With regard to a warrant to check equipment that is capable of receiving a live TV programme. I simply do not understand. A. the point of a warrant, because all my devices including a TV is capable of receiving live TV, as is everyone's. B. Can I still be prosecuted, because, I simply don't watch live TV on any of my devices? I mean, how can they prove That I have, or how do I prove that I don't?

@mda5003 Жыл бұрын

A warrant is probably only obtained as a last resort - maybe there is actual evidence of viewing live TV and an uncooperative householder - so unless you do watch or record a live television broadcast or use BBC iPlayer then you do not need a licence. However, the words they use whilst conducting an 'interview under caution' may well trap someone who is actually guilty of the offence or they may simply own up. If many thousands are convicted as alleged I would very much like to know just how that conviction was obtained and proven in court.

@laceandwhisky Жыл бұрын

That why you don't talk to TV goons except no thank you and shut the door.

@gmo4250 Жыл бұрын

Say a warrant has been issued and they visit your house. Consider your TV is plugged into an aerial and your TV is fully tuned in to all available TV channels and when you switch on your TV it goes to BBC1 by default, but you claim you don’t watch live TV. On the other hand, your TV is not plugged into the aerial and there is no aerial next to your TV because you don’t need one, there are no saved TV channels and when you switch it on, it goes to a snowy screen with a message, please plug in an aerial and tune your TV. I am not saying that either of these scenarios will bring a prosecution, but surely one of them will be a strong case to suggest you are watching TV illegally. Unless there are more details on how a warrant is issued and the process in getting a prosecution, then it is a mystery to me as well.

@mda5003 Жыл бұрын

@@gmo4250 Well, I would like to know that as well but I doubt any of the "goons" will actually tell you. What is interesting though is when you have an aerial plugged into the back of the TV or video recorder then that might appear to suggest you have watched a live broadcast but is still not proof that you have watched or recorded anything unless they then check the video recorder and find the evidence that way. However, just having an aerial plugged in is not evidence as it is perfectly legal to listen to a digital radio broadcast on the TV set and for that you do need an aerial or an internet connection.

@gmo4250 Жыл бұрын

@@mda5003 Yeah, I agree it is not proof. With a warrant, the goons just try to collect evidence and I have no idea how it's judged in court and what evidence would be enough. With regard the radio, that's a good point. Personally, I would not use the inbuilt receiver to listen to the radio, I would consider that a risk. Am I being over cautious, I have no idea, but that's my preference.

@Thurgosh_OG Жыл бұрын

Not fussed by end screens Daniel.

@chairmakerPete Жыл бұрын

Are there any types of legal document that require a wet ink signature? I've signed some pretty chunky contracts using Adobe Acrobat online, so I'm expecting the answer to be "no"!

@lrdisco2005 Жыл бұрын

A will, and most other contracts. When it comes to arbitrary organisations entering your home, apparently not.

@chairmakerPete Жыл бұрын

@@lrdisco2005 Hmmm. I've signed lots of contracts in the past few years, and barely any in person (wet ink). I don't think you're correct. Are you legally qualified?

@lrdisco2005 Жыл бұрын

@@chairmakerPete Try presenting a Will without a signature.

@chairmakerPete Жыл бұрын

@@lrdisco2005 or one signed in pencil! That's exactly the sort of document I'm wondering about. There must be some rule for which documents require a wet ink signature. A Will is definitely a great shout!

@jasongraham9076 Жыл бұрын

It can be electronic, it can be printed, therefore it can be abused surely?

@barneylaurance1865 Жыл бұрын

Of course - but then a wet ink signature could be faked too. Everything can be abused.

@6901jamie 2 ай бұрын

You do need a wet signature there is old case law under the King's bench which is the highest law in the land

@TheMMSpirit 4 ай бұрын

You're the spitting image of Lex Luthor from the show "Smallville". It's not your haircut, since it's the same as mine. You just look like him.

@HonchHeado Жыл бұрын

Depending on the type of warrant of course. Its also such an old law there is financial instruments called warrants, but they are purely monetary based on trading financial markets.

@mrwatson6664 Жыл бұрын

Aot of the warrants that on the web are claimed to need a wet ink signature are warrant for bailiffs regarding parking and the likes, they do not come from a court, they claim to be from the county court but the county court has no record of the case, the warrants do not have any Judge name or anything, they don't even have a seal. If there was a court case sat you would be summoned to the court you alway have the right to defend yourself in court. These warrants are the most common ones on the net but nothing about them ones

@kevinbartram5302 Жыл бұрын

Every potential life changing decision any one makes requires a signature (sign of nature) on principle alone. This is how the individual takes responsibility for their actions against another And why the one in fancy dress claiming authority want your name but won't give theirs (we are all equal in the eyes of the law. Really). This should preferably be hand written that way it can't be claimed as fraudulently copied. Of course the system of legislation (predominantly civil matters as opposed to criminal laws) people like your self wish to defend is rotten to the core any way.

@richardc3194 Жыл бұрын

How can you tell that a warrant is genuine, and is not forged by police or whoever?

@geordiewishart1683 Жыл бұрын

I suppose you can't tell. But do you really think police are in the habit of forging warrants? Best bet is to take the warrant at face value, allow police to carry out the act specified in the warrant, and if need be, later challenge its accuracy etc, via legal action. Police have to return warrants to the court which issues them, for filing, after execution, but the Court would not normally have records of them beforehand

@ashm4938 Жыл бұрын

e-warrants almost always use encrypted software that is accessible if needs be by the software provider, e.g. docusign, even on the print out this authentication key is usually printed. Funnily enough they are actually harder to forge than traditional paper warrants and contracts

@tenbear5 Жыл бұрын

Does a painter need an easel? Do we need law? Could folk ever be responsible for their own actions? Do we need a monarchy? But more importantly, does inflation invalidate BBT (Big Bang Theory). I’d say it does, & I’m no theorist…. but on law (& barristers [& i should know, I’ve known a few] ~ python) … can folk ever be responsible? I think they can, given the conditions. But when we are bombarded by the haves, and the vanities of self, it’s difficult to cut a path through the forest. Do as I say, not as I do. And with burgeoning hypocrisy laid on layers of self interest, it’s difficult for humble, virtuous souls. We cannot have any semblance of progress within this current paradigm. There is no justice, so the law is irrelevant, as it is not universal. I veto the House, & await the coming catastrophe which is all man made.

@goodquestion8064 Жыл бұрын

How much does your legal advice cost please

@Joe_BTC Жыл бұрын

This guy is a idiot text book idiot he don't even know common law

@jackdaw3160 Жыл бұрын

Do you have the write not to incriminate yourself.

@megarensmusic 8 ай бұрын

Administrative court is legitimate? Halsburys says not..

@anti-stupid-not--vax9629 6 ай бұрын

Boom 🎉🎉 u know the truth

@monkeynutchewer Жыл бұрын

Am I correct in thinking it is not a requirement to sign your name as a valid signature. Is it only a requirement that you leave your mark. Eg. An "x" could be your signature, please correct me if I'm wrong. Thanks for doing this video, very interesting as always. :)

@katieb2931 Жыл бұрын

I have been tracing my family tree for 40 years. Many of the marriage certificates that I've collected have an X in place of the bride/grooms/witness signatures. Obviously they were illiterate. It stood then, so maybe it would stand now - although, as education is compulsory, most people can write their name.

@barneylaurance1865 Жыл бұрын

What do you mean by "valid signature"? Remember that many things don't require a signature at all, e.g. I make a contract every time I buy a cup of coffee, but there's never any signature involved.

@monkeynutchewer Жыл бұрын

@@barneylaurance1865 Ohh I remember you... I still have that contract where you agreed to sell me your house for £1 when I handed over the coffee. Really???

@barneylaurance1865 Жыл бұрын

@@monkeynutchewer You can sue me and tell a judge about the contract. I'll tell the judge it never happened, and the judge will have to decide whether to believe you. If they do believe you then you might win the case - look at Matchmove Ltd v Dowding.

@barneylaurance1865 Жыл бұрын

But I think in general contracts for the sale of a house (or any other land) are only valid if written down. Law of Property (Miscellaneous Provisions) Act 1989 says the contract "must be signed by or on behalf of each party to the contract." So we could reasonably ask what makes a signature valid for the purposes of selling land. I don't know whether an "x" would be held to be enough, I guess it would be. But whether it's enough for a court to enforce the sale, and whether it's enough to satisfy another party are different questions. If you sign first and you sign with the X the other party could decide they don't like your signature and refuse to add theirs.

@HRHKingJamesIXofScotland Жыл бұрын

I'm up for the TVL Legal Challenge. Whos in?

@scotspaul Жыл бұрын

If its not wet ink then its been Rubber stamped , usually by the dozens by a clerk NOT a judge. WE want to see wet ink that someone Qualified ( not the teaboy) has passed it

@bushcraftone7240 Жыл бұрын

should Daniel do a poll on this...??

@johnvienta7622 Жыл бұрын

A side issue however years ago in Australia the Police were using a stamp as a signature on summons and subpoenas for traffic offences. A bright solicitor raised the issue in Court and pointed out that an imprint on the legal document created by a rubber stamp was not the required signature , and he then discovered that the stamp was used by office staff without the Superintendent of Traffic even viewing the documents. All the cases that involved the stamped signature were dismissed which in my opinion was the correct outcome.