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By what quo warranto does the CPS have?

Stuart made this Freedom of Information request to Crown Prosecution Service

The request was partially successful.

From: Stuart

28 October 2009

Dear Sir or Madam,

A question of “quo warranto”.

By what Authority does the Crown Prosecution Service have lawful
status?

In order to establish acuity, is the Crown Prosecution Service
(CPS) under the Crown monarchy or the Crown Temple?

According to your own website, the CPS was set up in 1986 as an
independent “authority” (even though there is no Authority as the
UK has been under bankruptcy laws since the 1860’s) to prosecute
criminal cases investigated by the police in England and Wales.
(http://www.cps.gov.uk/publications/repor...)
But by what authority? It is, after all, a corporation and
therefore a legal fiction.

In light of this, it is very important to establish acuity so that
we have the right charge for the set of facts and the two questions
we need to ask ourselves are:

1. If the Crown Prosecution Service is under the Monarchy by Common
Law and bound in office of the constitution to the sovereign oath,
then why does it use “statute law” (i.e. admiralty law- a fiction)
to prosecute? Common law states: “not to enter into mischievous
contracts or promises”. Yet, they do so with The Law Society that
operates using legalese, i.e. a style that uses the abstruse
(Difficult to penetrate; incomprehensible to one of ordinary
understanding or knowledge) technical vocabulary of the law in
order to confuse the layman. This is not constitutional.

2. If it is under the Crown Temple (a corporation-a fiction) and
the UK is also a corporation as registered on “Dun and Bradstreet”,
then the Attorney General’s Office would also come under the
corporation of The Ministry of justice and is also registered as
such. It appears that these two corporations are in co-conspiracy
as corporate revenue collection companies using “Statute ACTS “
(the force of law yet a fiction) and administering and manipulating
justice in corporate courts as arbitrators not judges by deceiving
the people using admiralty law.

Where can the justice be if pecuniary deception in order to obtain
advantage is the motivation, and they are deceiving the public by
using fictional corporation and fictional statute law above the
Common Law?

Given the City of London is a State and a corporation unto itself
and separate from England, by what "Quo Warranto" does it have to
grant “any authority” as a corporation to The CPS and The law
Society (whom are also within the borders of this independent
City), to prosecute the people of the land “outside of it's
borders” using fictional statute & mercantile law above the common
law and who grants this said power and by what right as a fictional
corporation?

A company can be party to a criminal conspiracy, but only with at
least two other conspirators who are human beings - including at
least one who is an appropriate officer of the company and acting
within the scope of his authority.

Sir Ken Macdonald, QC (1971), Director of Public Prosecutions
(until Oct 2008). Keir Starmer, QC (1985), Director of Public
Prosecutions (from Oct 2008) Aularian: alumni of St Edmind’s Hall ,
Oxford

Yours faithfully,

Stuart Russell Cocks

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Stuart left an annotation (28 October 2009)

Please also confirm that an Authority of any kind actually exists given the UK a Corporation and is under bankruptcy rules since the 1860's

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From: Freedom of Information Unit
Crown Prosecution Service

29 October 2009

Our ref: 2028

Thursday, 29 October 2009

Dear Mr Cocks

FREEDOM OF INFORMATION ACT 2000 REQUEST

Thank you for your request for information.

Your request was received on 29 October 2009and I am dealing with it
under the terms of the Freedom of Information Act 2000. Please note
there is a twenty working day limit (from receipt of request) in which
we are required to respond to requests under the Freedom of Information
Act 2000.

The deadline for your request is 26 November 2009. However, we will
endeavour to respond sooner.

In some circumstances a fee may be payable and if that is the case, I
will let you know that likely charges before proceeding.

Yours sincerely,

Miss Kadir
Information Management Unit
Crown Prosecution Service
www.cps.gov.uk

show quoted sections

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From: Freedom of Information Unit
Crown Prosecution Service

17 November 2009


Attachment image002.jpg
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Attachment Cocks 2028.doc
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Dear Mr Cocks

FREEDOM OF INFORMATION ACT 2000 REQUEST

Please find attached a response to your recent request for information.

Yours sincerely

Miss S Kadir

Information Management Unit

Crown Prosecution Service

Tuesday, 17 November 2009

[1]www.cps.gov.uk

References

Visible links
1. http://www.cps.gov.uk/

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gary smith left an annotation (23 November 2009)

Nice cop out answer to point you to a website that will not have the answers you requested ..Must be too much like hard work for them as they are not making any money out of it or it just shows the Person who replies is to Lazy or not Capable of answering you questions so they Should Pass it on to someone who Should answer this

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pete left an annotation ( 9 July 2010)

I wud write back to them, saying a few different things, that A) your not asking for their advice under foi, but are stating the facts b0 you r not a citizen, and one of the people who grants the govt to have an office to work in c) that they will comply with all future correspondence outside of legal fiction land, and as people.

something like that anyways

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Dave Townsend left an annotation ( 4 December 2010)

I am fascinated as to why people do not consider this to be a complete answer. Are they unable to look up statutes themselves? I am curious as to exactly who they think is being lazy here.

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Stuart left an annotation ( 5 December 2010)

Since without Whiterod's opening of parliament it's an unbalanced government, therefore all legislation or treaty is void ab initio.

Not to mention the UK is an Estate-in-Trust & without the Grantors permission(Us)and at the detriment to the benificiaries interests (us) puts them the "Trustees" of the said Estate in Breach of Duty and again makes it void ab initio.

A man cannot give more power than he only has. The electorates - The creators- vote them into office, they become the created and the created cannot usurp it's creator.

The sovereign power resides in and comes only from the People. "The People" are the sovereigns. All the power and authority the government has ... was given to it by the People! If we don't have the right to do a thing, then we cannot delegate such a right to any government! ("We cannot give to anyone or anything any power or authority we do not have!")

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. An unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed ...

Equity does not recognise a statute cloaked as fraud and legislation cannot overule a constitutional law- including the Magna Carta!

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Dave Townsend left an annotation ( 6 December 2010)

'Pon my word, you do have an interesting, nay, unique view of the Constitution. Fortunately, amongst the lessons my Father taught me was not to argue over the voices in other peoples heads.

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Fletcher left an annotation ( 9 January 2012)

Lord Hewart of Bury warned about this state of affairs in his book entitled The New Despotism, written
in 1929. The following is taken from his book:
‘The constitutional principle at issue is that the recognition by the Common Law of the supremacy of Parliament is based on an assumption, that Parliament will not surrender its law making powers to the Executive (or an international body) nor on an uncontrolled and uncertain basis.
‘Two of the leading features of the Constitution are the supremacy of Parliament and the rule of law. (Principle of legal certainty) Whilst it may be considered a serious undertaking to tamper with either of them, by the use of aningenious method of using one to defeat the other, it establishes a despotism to the ruins of both.
---
Also look up -10 – 1986 vol 480 cc246-95 246 at 250.
Halsbury's Laws of England/ADMINISTRATIVE LAW (VOLUME 1(1) (2001 REISSUE))/1. INTRODUCTION/(1) SCOPE AND NATURE OF THE SUBJECT/1. Scope.

FACT - There is NO authority for administrative courts in this country and no Act can be passed to legitimise them because of the constitutional restraints placed upon her Majesty at Her coronation.

The collection of revenue by such means is extortion, and extortion has been found reprehensible since ancient times. Separation of powers Today, in the year 2011, we find for example, that in the council tax regulations, the billing authority, the prosecuting authority and the enforcement authority are all vested in the same body. The same bodies even purport to issue their own legal documents, by tacit agreement with the Courts. In our system of Common Law, the rule of law demands that we have a separation of powers. Today, the powers are not separated. The executive is not a distinct, free-standing leg of the tripod. The executive now emerges directly from within the elected Chamber of the legislature where previously it emanated directly from the Monarch. That leads to constitutional confusion—because the executive has seized and misuses Parliament’s democratic credentials for its own, destructive, purposes. Fortunately, we have something to which we can turn to preserve our ancient laws and freedoms. We have the Oath that Her Majesty The Queen took at her coronation by which she is solemnly bound and from which no one in England, Wales and Scotland has released her. At Her Coronation the Queen swore to govern us, “according to [our] respective laws and customs”. Certainly, among our reputed “customs”, is precisely that invaluable and widely admired tripartite division of the powers. The judiciary is part and parcel of our customary system of internal sovereignty—“the Queen in Parliament”. It is one of the three separate but symbiotic powers, and it is a capricious and self-serving contention that it should not have the power to preserve the authority of the legislature over the executive. It is a constitutional principle that the assent of the Queen & Parliament is prerequisite to the establishment of a Court which can operate a system of administrative law in Her Majesty’s Courts in England. This was confirmed by Lord Denning during the debates on the European Communities Amendment Bill, HL Deb 08 October 1986 vol 480 cc246-95 246 at 250: “There is our judicial system deriving from the Crown as the source and fountain of justice. No court can be set up in England, no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights.” 08

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Fletcher left an annotation ( 9 January 2012)

Oh Also would have been helpfull if the Crown Prosecution Service actually made an efort to answer the question as the Links are worse than useless!

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