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<div class="moz-cite-prefix">On 23/05/2013 20:32, Francis Davey
wrote:<br>
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cite="mid:CAEWR3kuwvBk6Efcp5fo_pKzg4iJED4UGhdJL+W4rTOa2WtEyMg@mail.gmail.com"
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<div dir="ltr">2013/5/23 Ben Liddicott <span dir="ltr"><<a
moz-do-not-send="true" href="mailto:ben@liddicott.com"
target="_blank">ben@liddicott.com</a>></span>
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Well, that's a good summary of the argument, but not
actually a good reason, and it's not actually what
happens. <br>
<br>
It's not what happens because the vast majority of such
requests are for things which could perfectly well have
waited to the next working day and been dealt with in
bulk.<br>
<br>
It's not a good reason firstly because there is no
technical reason why a court order has to be slow.
IANAL, but AFAIK a court order or warrant can be given
by telephone, fax or email if need be - I don't believe
there is any legal requirement for the judge to be in
the same room as the petitioner - and if there is, why
not just change that rule for emergencies?<br>
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<div style="">You can get an order over the telephone.
There's a 24/7 "duty judge" system that means you can
always get a judge (possibly out of bed) for an urgent
order. Clearly you have to have a pretty good reason to do
that but the system is there.</div>
<div style=""><br>
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<div style="">If this was going to happen a lot then I am
sure the court service could (if it was told to) set up a
system that made this work.</div>
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So the reality is if you have an emergency, you have two officers on
the phone:<br>
<br>
Officer 1 gets on to the ISP and says "I need some info urgently,
court order is on it's way. Can you look it up and have it ready to
give as soon as the order comes through?" The chap at the ISP does
so, looks up the info and has it ready.<br>
Officer 2 gets on to the Judge and says " I need a court order for
this...". As soon as the order is given, the word is passed to
officer 1 along with (presumably) some reference number. ISP chap
hands over info.<br>
<br>
This happens in parallel, and in reality the court order plus
request takes barely longer than the request alone.<br>
<br>
If that's the case, what is the real reason these new abilities are
being asked for? Are the people who insist they are necessary lying
or merely ignorant? Why aren't they being called on it?<br>
<br>
Hmm... Cheers, anyway.<br>
<br>
Ben<br>
<br>
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