Investigate court fraud - where is this reported to other than the police ?

Response to this request is long overdue. By law, under all circumstances, Judicial Conduct Investigations Office should have responded by now (details). You can complain by requesting an internal review.

Dear Judicial Conduct Investigations Office,

Investigate court fraud - where is this reported to other than the police ?

Please tell me when evidence is found of falsified court documents that have been accepted by a court that should know they are not correct who should this be reported to ?

Please don't say the police as they would only pass it onto the cps who both work with the courts. Is there any independent separate service not connected with the courts and not an at arms length service to investigate what is happening within courts or are they paid to investigate themselves like most public services ?

Yours faithfully,

Mrs Julie Price

Customer OJC, Judicial Conduct Investigations Office

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Woods, Dave, Judicial Conduct Investigations Office

Dear Mrs Price,

You have suggested your enquiry is a Freedom of Information request - it is not.

We do not hold any information on this subject and can only respond that fraud is a criminal offence, and only the police can investigate criminal matters.

Dave Woods
Senior Caseworker
Judicial Conduct Investigations Office
81-82 Queens Building
Royal Courts of Justice
Strand
London WC2A 2LL

DX44450 Strand

0207 073 4731

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Mrs Julie Price

Dear Woods, Dave,

It is a freedom of information request for any information you may hold on ensuring falsified documents can not be filed into the courts and accepted by the judiciary. Surely you must have a fraud and transparency policy ?
Yours sincerely,

Mrs Julie Price

Woods, Dave, Judicial Conduct Investigations Office

Dear Mrs Price,

The JCIO is Ministry of Justice. The responsibility of the courts is Her Majesty's Courts and Tribunals Service (HMCTS). I already answered this on behalf of the JCIO (because you directed it to us).

Therefore I have forwarded your request for registration to the Data Access Compliance Unit, they will forward on to the person responsible for HMCTS who will respond to you.

Dave Woods
Senior Caseworker
Judicial Conduct Investigations Office
81-82 Queens Building
Royal Courts of Justice
Strand
London WC2A 2LL

DX44450 Strand

0207 073 4731

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Evans, Brian (DJO-JSB),

Dear Mrs Price,

Your FOI request has been considered further by the Judicial Office and
HMCTS teams.

Firstly, in our view it is not necessary to ask, by FOIA or not, whether
there is an HMCTS policy for accepting known fraudulent documents as this
would mean the Courts effectively had a policy which enabled them to
potentially be a party to fraud. Clearly such a policy would not exist.

Secondly you need to draw a distinction between the administrative and
judicial functions of the Court. It is not the duty of the Court staff
(administration) to check the validity of documents as they come in. They
are merely received and filed ready for the judge to deal with the case.
The point of providing any evidence is that it can be tested as part of
the trial process. If one party believes the evidence is fraudulent in
some way it would be for them to raise it and prove it. It would then be
for the judge to exercise the judicial function of the court having
weighed the evidence accordingly.

If you still wish for this request to be processed as an FOI please advise
stating what information you believe may exist. Alternatively you may wish
to re-word your request or submit a new one. All further correspondence
under Freedom of Information Act 2000 should be made via
[1][email address]

On behalf of the Judicial Office

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Mrs Julie Price

Dear Evans, Brian (DJO-JSB),

Would falsified documents being filed into a court and placed before the judiciary who ignores them not be classed a maladministration ?

If you hav no policy to prevent fraud or wrong doing within the courts and the judiciary who work within them, how can we , and why should we, have any faith in the administrative procedure or the judiciary ?

What you are saying is any old paperwork or evidence will do as long as the judge accepts it on behalf of the authorities and yet real evidence by a natural being who are not corporations can simply be ignored.

It is absurd that the court staff are not trained to know the difference between fake forms and real court documents and if a judge accepts them he or she should be removed from office immediately, because they should not be in a position of power over the lives of men, women and children.

Yours sincerely,

Mrs Julie Price

Evans, Brian (DJO-JSB),

Dear Mrs Price,

You seem to be missing the point. The decision about the validity and worthiness of evidence is a judicial one. Unless the other party contest the evidence and show why it is wrong and should not be accepted, there is no reason for the Court to consider it either. How else would they know to even consider if the documents are falsified unless somebody challenges it? I think you will find that when you submit evidence you make a declaration that it is true and right. On that basis a party is not going to come to Court and tell them they are deliberately submitting a false statement having signed otherwise, because to do so is to admit to a criminal offence. In the extremely unlikely event that they did, and the Court administration still accepted them, you may begin to have a point.

You mention training Court staff. If the staff were to be trained to decide on the quality of the evidence they have moved to making judicial decisions and the administration and judicial functions are merged. That cannot be so.

Brian

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Mrs Julie Price

Dear Evans, Brian (DJO-JSB),

Sadly, I believe it is you that is missing the point. The judiciary are not in the slightest bit interested in any evidence unless it suits their agenda. Unfortunately more criminal offences appear to be committed everyday within the courts themselves than on the streets.

If your court staff do not know the difference between a prescribed court form or document then they should not be in the job. No wonder nobody has any faith in the judicial system, you can hardly blame them, the justice is sadly missing from the justice system.

It really is time to open up all the courts and let the truth be known.

Yours sincerely,

Mrs Julie Price

Fiona Watts left an annotation ()

Mrs Price,

Your are not missing the point and the staff who have replied to your comments on here are failing to respond with a Duty of Candour.

If those replying to your FOI on here had done so under the guidance of "The Nolan Principles" then they could have told you the following.

1) If you consider yourself to be a victim of PERJURY, or misconduct in public office by a Judge or a Magistrate, then you have the right to lodge a formal complaint.

2) You can lodge a complaint with the County Court Office, or with the Judicial Conduct Investigations Office.

Personally, I would bypass the County Court offices. You will have discovered for yourself the chaos and poor data management that makes victims of the most vulnerable.

Oh by the way, the Judicial Conduct Investigations Office could have contacted you in you private and asked you to lodge your formal complaint about a Judge's conduct with them.

Unfortunately, victims only have 3 months to do this - because as you can tell from their answers on here - the staff at the JCIO fully embrace The Nolan Principles.

For a full understanding of the circus that you may feel that you MAY BE caught up in - check out the Law Commission's Live Review of the legislation Misconduct In Public Office;

Ummm? .... there's a reason why no judge in England has been charged with the offence of Misconduct In Public Office for over a 100 years. Was anything learnt from the Hillsborough tragedy?

As for me, I am about to put a big banner across the front of my house with the words PERJURY in big letters.

I have nothing left to lose as nobody at the MoJ, Parliament or the JCIO have best responded to my enquiries - which is why we're driven on to this website.

Fiona Watts
magnacarta300

Fiona Watts left an annotation ()

Dear Mr Dave Woods and Mr Brian Evans,

Mr Evans wrote;
"You mention training Court staff. If the staff were to be trained to decide on the quality of the evidence they have moved to making judicial decisions and the administration and judicial functions are merged. That cannot be so."

But both of your agencies could have done the following;

1) Provide a receipt for all complaints and concerns handed in person to the Managers at County Courts.

2) Your organisations could alert service users to their basic Human Rights by displaying posters, leaflets or clear accessible information on your websites?

3) You could keep an audit on how many complaints about perjury are lodged with your staff whether any of those complaints are progressed and HOW?

4) The deadline of 3 months for reporting a judge surely needs to be reviewed in order that justice can prevail for the most vulnerable members of society can access justice.

5) For example, a vulnerable person, exhausted by a decade of injustices and unable to access Healthcare based factually correct data, engages in a mysterious HMCTS and JCIU complaints protocol ..... and keeps writing for 16months; only to find out that the deadline for complaints about PERJURY progressed by a Judge was 3 months.

5) The procedures for progressing a complaint against a Magistrate or a Judge needs to be transparent to members of the public using the Courts and the protocols could be fit for purpose. Other regulators allow the public 7 months to report a complaint.

6) Do the staff employed by the HMCTS and the JCIU need more support from their managers with work related stress issues? I ask this because as well as coming across as obstructive and unhelpful the JCIU and HMCTS staff seem to patronising towards the public in their style of response too?

Yours sincerely,

Fiona Watts

Sally Smith left an annotation ()

Brian Evans' 27 May 2016 reply:

"The point of providing any evidence is that it can be tested as part of the trial process. If one party believes the evidence is fraudulent in some way it would be for them to raise it and prove it. It would then be for the judge to exercise the judicial function of the court having weighed the evidence accordingly."

The casino environment of a court room is not the appropriate place to begin a criminal investigation into alleged perjury. The proper starting point for any such criminal investigation has got to be specialist police working alongside the CPS.

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