Will you "publish the advice"....?Therefore - we can and should do no more until we receive positive advice from the barrister, then its the pre-action protocol letter.
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Will you "publish the advice"....?Therefore - we can and should do no more until we receive positive advice from the barrister, then its the pre-action protocol letter.
Will you "publish the advice"....?![]()
I hope this is not too simplistic, and it's something I have said before. The police form that we all fill in for grant and renewal of an FAC asks very specifically for the applicant to declare that he or she suffers from no illness or condition that would make them unsuited to own a firearm. The fact that the form asks for this information then puts the onus on the police to check the truthfulnes of the answer you provide. They have set themselves up in the position where they have to prove you are not telling the truth, or confirm that you are. The form also asks for your permission for them to contact your GP to confirm such. Their own form puts the onus on them, NOT the applicant.This may be the case, although I guess we need some legal advice for I tell us....
However, pretty sure once a JR forces one police area to obey the HO guidance the others would likely fall into line.....
Possibly correct on all levels, but that would just mean the wording to be changed to put the onus on the applicant instead, so instead of an improvement it would just be another nail in the coffin of applicants.I hope this is not too simplistic, and it's something I have said before. The police form that we all fill in for grant and renewal of an FAC asks very specifically for the applicant to declare that he or she suffers from no illness or condition that would make them unsuited to own a firearm. The fact that the form asks for this information then puts the onus on the police to check the truthfulnes of the answer you provide. They have set themselves up in the position where they have to prove you are not telling the truth, or confirm that you are. The form also asks for your permission for them to contact your GP to confirm such. Their own form puts the onus on them, NOT the applicant.
Surely, if the argument is presented as such, it knocks the legs out from under them?
But the form as it stands is in alignment with the common law assumption of "innocent until proven guilty". In that it asks you a question to which you provide an answer, which the police then have to varify. If the wording is changed, requiring you to furnish proof yourself, surely this is an assumption of "guilt" before you even start?
The first question on the form asks for your name, it doesn't ask you to provide a copy of your entry in the register of births, or a copy of your birth cerificate.
But the form as it stands is in alignment with the common law assumption of "innocent until proven guilty". In that it asks you a question to which you provide an answer, which the police then have to varify. If the wording is changed, requiring you to furnish proof yourself, surely this is an assumption of "guilt" before you even start?
The first question on the form asks for your name, it doesn't ask you to provide a copy of your entry in the register of births, or a copy of your birth cerificate.
Our lot have now moved to all online application so we are stuffed. You have to provide medical cert before you are allowed to apply.
Having said that a variation only took a week.
What I'm trying to convey, mayb badly. Is that the form asks for the details the police require in order for them to fulfil their legal requirement to ascertain your suitability to own a firearm. The "doctor's report" is not a legal requirement. For it to become one, there needs to be a change in law. The police are jumping the gun by imposing a burden on the applicant which is not a legal requirement.you are applying far too much common sense.
Do you believe if someone challenged and won on the way the form was worded, the said form would not be altered, or would the Licencing practise be overhauled ?
Ah, sorry I didn’t read that far into it.What I'm trying to convey, mayb badly. Is that the form asks for the details the police require in order for them to fulfil their legal requirement to ascertain your suitability to own a firearm. The "doctor's report" is not a legal requirement. For it to become one, there needs to be a change in law. The police are jumping the gun by imposing a burden on the applicant which is not a legal requirement.
If it does go ahead, we’re going to be looking for as much help and support as we can possibly get.
Anyone who believes they have skills that could be utilised, feel free to send any of us a pm.
Maybe on a back-burner given C19......Any updates?
maybes aye, maybes naw…….Maybe on a back-burner given C19......
Good point!maybes aye, maybes naw…….
Many people have lots of time on their hands at the moment. just wondered.