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Author:  charles007 [ Wed Jan 23, 2013 5:54 pm ]
Post subject:  Please

Please Please does any one have a copu of

Mainstone V Oloson 1992

Author:  Sussex [ Wed Jan 23, 2013 8:11 pm ]
Post subject:  Re: Please

Taxi driver licensing
On an application for a licence to drive a private hire vehicle, an applicant must show that he or she is a fit and proper person to hold such a licence. If the application is refused by the local authority, the applicant may appeal to the magistrates' court (with a further appeal to the Crown Court). Before the courts, the local authority may seek to rebut the applicant's claim to be a fit and proper person by adducing evidence relating to an incident in respect of which the applicant has been convicted, even though his or her conviction may have been quashed on appeal as being unsafe. Although the substance of what the local authority seeks to establish would (in such an instance) amount to a criminal offence, nevertheless the civil standard of proof would apply (R v Maidstone Crown Court, ex p Olson [1992] The Times, 21 May).


It would appear this is saying being found not guilty can still lead a council to take a negative view of the applicant.

Author:  Sussex [ Wed Jan 23, 2013 8:15 pm ]
Post subject:  Re: Please

This link puts a bit more meat on the bone.

http://www.leeds.gov.uk/docs/Guidance%2 ... cation.pdf

Author:  charles007 [ Wed Jan 23, 2013 9:00 pm ]
Post subject:  Re: Please

Thank you if any one as more on this please send it.

Author:  grandad [ Thu Jan 24, 2013 7:55 am ]
Post subject:  Re: Please

Sussex wrote:
Taxi driver licensing
On an application for a licence to drive a private hire vehicle, an applicant must show that he or she is a fit and proper person to hold such a licence. If the application is refused by the local authority, the applicant may appeal to the magistrates' court (with a further appeal to the Crown Court). Before the courts, the local authority may seek to rebut the applicant's claim to be a fit and proper person by adducing evidence relating to an incident in respect of which the applicant has been convicted, even though his or her conviction may have been quashed on appeal as being unsafe. Although the substance of what the local authority seeks to establish would (in such an instance) amount to a criminal offence, nevertheless the civil standard of proof would apply (R v Maidstone Crown Court, ex p Olson [1992] The Times, 21 May).


It would appear this is saying being found not guilty can still lead a council to take a negative view of the applicant.

In the situation as outlined above, has the person actually been found not guilty? Does quoshing a previous conviction mean that the person is not guilty or that the verdict is as it says unsafe?

Author:  captain cab [ Thu Jan 24, 2013 8:38 am ]
Post subject:  Re: Please

grandad wrote:
In the situation as outlined above, has the person actually been found not guilty? Does quoshing a previous conviction mean that the person is not guilty or that the verdict is as it says unsafe?


Its the criminal burden of proof as opposed to the civil.

Author:  Sussex [ Thu Jan 24, 2013 9:17 am ]
Post subject:  Re: Please

grandad wrote:
Sussex wrote:
Taxi driver licensing
On an application for a licence to drive a private hire vehicle, an applicant must show that he or she is a fit and proper person to hold such a licence. If the application is refused by the local authority, the applicant may appeal to the magistrates' court (with a further appeal to the Crown Court). Before the courts, the local authority may seek to rebut the applicant's claim to be a fit and proper person by adducing evidence relating to an incident in respect of which the applicant has been convicted, even though his or her conviction may have been quashed on appeal as being unsafe. Although the substance of what the local authority seeks to establish would (in such an instance) amount to a criminal offence, nevertheless the civil standard of proof would apply (R v Maidstone Crown Court, ex p Olson [1992] The Times, 21 May).


It would appear this is saying being found not guilty can still lead a council to take a negative view of the applicant.

In the situation as outlined above, has the person actually been found not guilty? Does quashing a previous conviction mean that the person is not guilty or that the verdict is as it says unsafe?

A person found not guilty will always be not guilty and the burden of proof needed for a guilty plea is a high one.

In the case above (I think), the person was found not guilty on the criminal charge, but found not 'fit and proper' on the balance of probabilities level of proof.

I also read somewhere, when doing Charlie's job for him, that hearsay evidence can be used when assessing the 'fit and proper' level, but is only used in exceptional circumstances in the criminal level.

Author:  charles007 [ Thu Jan 24, 2013 10:52 am ]
Post subject:  Re: Please

captain cab wrote:
grandad wrote:
In the situation as outlined above, has the person actually been found not guilty? Does quoshing a previous conviction mean that the person is not guilty or that the verdict is as it says unsafe?


Its the criminal burden of proof as opposed to the civil.


Madstone V olson is an inportment case along with Benson That is why I need it it is for a case that I think we can win over sec 61.2(b). I cant say much more openly on here

Author:  captain cab [ Thu Jan 24, 2013 9:43 pm ]
Post subject:  Re: Please

charles007 wrote:

Madstone V olson is an inportment case along with Benson That is why I need it it is for a case that I think we can win over sec 61.2(b). I cant say much more openly on here



IMO Benson vs Boyce has little to do with Maidstone vs Olsen.

Sussex has posted a link to a decent synopsis

Author:  charles007 [ Thu Jan 24, 2013 11:22 pm ]
Post subject:  Re: Please

Hi cc

We think there are some points with in Maidstone case that will held. and we have uesd it but we are trieing to get a full copy.

Author:  grandad [ Fri Jan 25, 2013 8:23 am ]
Post subject:  Re: Please

Sussex wrote:
In the case above (I think), the person was found not guilty on the criminal charge.

In the case above, the person was found guilty but the conviction was later quoshed as unsafe. Is that the same as being found not guilty?

Author:  Sussex [ Fri Jan 25, 2013 8:45 am ]
Post subject:  Re: Please

grandad wrote:
Sussex wrote:
In the case above (I think), the person was found not guilty on the criminal charge.

In the case above, the person was found guilty but the conviction was later quoshed as unsafe. Is that the same as being found not guilty?

Yes.

Author:  charles007 [ Fri Jan 25, 2013 10:20 am ]
Post subject:  Re: Please

Sussex wrote:
grandad wrote:
Sussex wrote:
In the case above (I think), the person was found not guilty on the criminal charge.

In the case above, the person was found guilty but the conviction was later quoshed as unsafe. Is that the same as being found not guilty?

Yes.


well as far as the court are consirned it is, but Council still can take a different view and still revoke and often do a diffrent barden of proff.

Author:  Sussex [ Fri Jan 25, 2013 8:32 pm ]
Post subject:  Re: Please

charles007 wrote:
well as far as the court are consirned it is, but Council still can take a different view and still revoke and often do a diffrent barden of proff.

Yes.

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