Fwd: Fwd: Delivery Status Notification (Failure)
zenadsl6186 at zen.co.uk
Mon Mar 24 15:36:12 GMT 2014
On 24/03/14 08:23, Roland Perry wrote:
> In article <532F77E5.90405 at zen.co.uk>, Peter Fairbrother
> <zenadsl6186 at zen.co.uk> writes
>> Just one point, in the "evidence against you" case, if they can prove
>> to criminal standards it is in the safe, they don't need to get you to
>> open the safe - they can just convict you on the evidence.
> In a criminal case they don't need criminal standard evidence to be able
> to request opening the safe.
No - but there is no way they can demand that you open it. They can get
a warrant to attack it with crowbars, but they can't force you to open it.
>> It's when they can't prove that that it gets interesting. In the civil
>> case, assuming that they can't get you to open the safe - Nicholas
>> thinks they might be able to - you can only be convicted (of contempt)
>> if they can prove the egg is in the safe.
> No, the contempt is failing to obey the order, even if it turns out
> there's no egg inside.
That's not my reading of what Francis said.
-- Peter Fairbrother
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