Fwd: Fwd: Delivery Status Notification (Failure)
Roland Perry
lists at internetpolicyagency.com
Mon Mar 24 16:08:03 GMT 2014
In article <533050EC.7010407 at zen.co.uk>, Peter Fairbrother
<zenadsl6186 at zen.co.uk> writes
>> 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.
That's why I carefully drafted "request opening of the safe" (which
could be by anyone).
>>> 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.
Too many levels of indirection.
If a court order says "produce something" and you don't, that's
contempt.
--
Roland Perry
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