The trial of John Banks, freedom-lover, patriot and activist, is due to take place on 04 July 2018 at Doncaster. It concerns an ASBO – an anti-social behaviour order – for blasphemy. John has asked for his legal advice to be shared as widely as possible so that people can understand the corrupt way in which our laws are being used against us.
The legal advice below is rather a long document but it does give an insight into the legal complexities surrounding even such minor enforcement procedures such as an ASBO. If you are able to attend the trial in person on 04 July then please turn up to support John and to support freedom. I will certainly be there myself.
This is my legal advice for you at this time.
Apologies for the messiness of this. I felt I just needed to send it to you as is so it helps you describe your situation to others.
I cover answering your questions about what you are permitted to do and I describe what possible outcomes I envisage from your own personal perspective as well as from our collective perspective.
If the police construe the ASBO as a gagging order then I suggest we contest that interpretation.
Of course they don’t want you talking to voters about what a sham your ASBO is..
It makes them look very corrupt.
They could mitigate the problem by flouting fewer laws instead of demanding you cover for them.
Where I use the term “they” I am normally referring to the judges and prosecuters collectively.
From what I have witnessed at your interim kangaroo hearing the judge appeared to be the judge, prosecuter and principle plaintiff too.
You have caused that judge no end of dismay and alarm by being criticial of Islam and being critical of the police and courts.
Only by imposing a death sentence on you can they adequately balance out the visible trauma that that unfortunate old lunatic imagines he has suffered at your hands.
Our overall strategy for defence can be summed up in one word….
That’s usually the best strategy when dealing with cowards.
The prognosis initially looked grim.
It seemed certain this ASBO was merely a formality and then you would get sent down for some ridiculous reason which we all know to be perfectly legal even by their own elastic and inconsistently applied laws.
Now I have had time to look at more of the paperwork and evidence, I can see a pattern of clumsiness in the preparation of the evidence and even in the conduct of the Judge at the interim hearing that invites legal challenges.
It is critical we pay as much attention to how we fight this case in the court of public opinion and otherwise outside of the jurisdiction of the court.
We are little more than spectaters in the court whereas we have a lot more power outside the court.
I may not be allowed to point out all the perjury and mis use of legal powers in the court itself and we may instead have to simply hand them written evidence on the day where the judge will most likely pretend not to read it.
If he stops and reads anything then that might be a bad sign.
I expect the judge to be hand picked for your destruction.
It would not surprise me at all if the judge on the day is a muslim himself.
We still have room for maneuvre even in that situation with plenty left to play for (even during the hearing).
With each and every point of contention we must avoid making the same mistake as them and only considering one outcome.
We must have considered every single possible turn of events and be sure we know how to capitalise on it and punish them in some way.
For this reason my prepared scripts are numerous and it is not clear which ones I will need to use until we see which way they jump.
We can reduce the likelihood of you being prosecuted further even without a discharge or variation being ordered by the court.
Even if the ASBO is not discharged. Even if no variation is ordered on the prohibitions.
If the court can be forced to give straightforward answers of “yes” or “no” when asked whether particualr activities are prohibited by the ASBO then we can gain a guarantee of certain rights for you that though you have them in law already, you demonstrably don’t have them in practice.
We can tip their hand by reminding them of relavant legislation which they have been previously flouting. Forcing them to concede that you have certain rights in law.
So you can leave the court freer than you entered it while appearing (superficially) to lose your appeal against this ASBO.
Strategic gains we can expect from fighting the case
From a strategic perspective we can reduce the capacity of the CPS to bring such cases by forcing them to take more care in the preparation of cases.
This would reduce the number of cases they can prepare with the same resources.
We can also reduce their capacity to prosecute by forcing the court to hear the defence instead of ruling everything as inadmissable.
If cases take ten times as much court time when skillfully contested then that means there will be only a tenth of the number of cases going forward unless they throw more resources at this.
The fewer the cases we have to fight the more of our resources we can devote to each case.
The more punishing each case can become for them.
Strategic gains from our other activities.
We probably won’t manage to get the ASBO discharged or even get a variation ordered on it but they might get such a surprise from the pounding we give them in terms of criticism and protests that they back away and give up on you.
This should not be seen a massive source of hope for you. But certainly they are more wary of bothering people who have a support group that they know full well is going to use their actions as a stick to beat them with.
If not that then at least you are drawing their fire and squandering their resources while a lot more of us are politically rushing them from other directions at the same time.
I am saying this in the hope of reminding you that however much of an unfair beatdown this injustice might seem like – they are still not having it all their own way and your sacrifice is a necessary and helpful part of the struggle.
If we lose the case badly then as a consolation prize I offer you my attempt at flipping one or two Labour seats. We will pick one or two narrow Labour majorities where we have supporters and then leaflet poor areas informing voters about what the court has done and asking them to stop voting Labour or Conservative. We move them to UKIP or For Britain or Britain First.
Whoever is standing against the establishment parties in that area.
We haven’t studied the numbers yet so there is no concrete plan.
We can use what happened to you to generally change opinions but also to target two constituencies in particular and try to flip those seats in the commons. We leaflet using legal protection afforded to political parties informing voters that the court flouted the law in your case and that the police perjured themselves repeatedly while the judge knowingly ignored it.
We will beg people to stop voting Labour and start voting UKIP or For Britain.
We will target poor estates and synchronise different leafleting to make it hard for the other side to react effectively..
They are alreeady so busy with us that they have decided to not bother investigating stuff like burglary, assault and rape so I would say they are already stretched.
Advice for conduct while the ASBO is in place
Encouraging or disseminating politically contraversial material of any type to myself and others
As I have already stated, you are protected in law when it comes to any activity where it is related to the reporting of legal cases.
RRHA2006 excludes it being used in section 29K.
It is possible that they will try to arrest you for it anyway.
You should first present the arresting officer with a printed copy of that paragraph from the act.
He will probably ignore it so then you just phone me from the police station.
I don’t know the procedure yet but just political activism using their illegality as propaganda might well get you released.
My gut feeling is they will not arrest you for flouting your ASBO until after the full hearing so that they can say you have had ample opportunity to contest the ASBO in court.
Otherwise, how come you aren’t already in prison?
Every word I hear you say is a breach of that ASBO in their feverish imaginations.
Flying your flag
I have no doubt that the intention when drafting this ASBO was that you merely possessing an England flag or Union Jack would be enough to arrest you.
But when pressed on this point they have refused to confirm or deny this.
The judge is compelled to instruct the prosecuter to answer our questions until you the defendent understand the conditions.
By failing to do that the judge has given you legal grounds to contest them arresting you over the flag.
In addition I think they will realise at some point soon that if they do that we will use that as propaganda to slap them around the heads with so they’ll retreat on this in my estimation.
We have ticked all the boxes covering you for flying a flag.
I have even asked a senior member of the Conservative party about that prohibition and he insists it would not apply to England flags or Union Jacks but that is just his assumption.
They have been given every opportunity to clarify this matter and have refused..
I’m not sure how to handle them arresting you for this.
I initially considered the idea of a phone blitz as a contingency plan for this situation.
That would comprise a series of expressions of disappointment from various members of the public.
If everyone who was unhappy with them rang them to say so they’d be extremely busy people.
I dismissed the idea because the police is an important service that everybody needs.
Not that they actually do any real police work even with their phones working but let’s not give them extra excuses for being so useless.
They would have tried to use MTA2003 to prosecute us for that and for once we might actually be guilty so there’s another reason not to do that.
Our main battlefield for fighting this issue is on social media and on the door step.
My advice: Keep flying your flag.
They have ignore it thus far.
They refuse to be drawn on the matter.
Nobody is going to vote for politicians who preside over us being arrested for flying England flags.
I can remember two instances where this issue has been something that has worked in our favour in the past. Videos of people being arrested for holding England flags get a lot of shares and cause much outrage among the citizenry.
If these dumbasses want to try for third time lucky then we should invite them to bring it on.
If you must get arrested then please let it be for this.
It would be a good idea for us to think about what other activities need to be considered.
I feel a lot of your books might be seized by them and used as evidence of you breaching your ASBO.
Even best selling books by perfectly respectable people could get you imprisoned.
My advice: Don’t give up your books.
If you owning those books is causing alarm to someone or making them feel harrassed or if the court feels it is an activity that wouold lead to you doing something that would cause alarm, distress , blah blah then you can be locked up in their minds.
If they arrest you for that it is ammunition against them.
There are other things too.
Prediction of outcome
Composition of the trial
This is merely my best guess at what is going to happen with no experience in this area of law.
The trial is scheduled for a full day which means our start time is going to be early in the morning.
The judge and the prosecuter are only really planning on spending about one and a half hours on this and imagine they are going to have an early dart while getting paid for a full day.
They get most of a day off at the cost of you getting a fair hearing.
There’s a very good chance things aren’t going to turn out the way they are expecting and I think we will finish sometime mid afternoon but it can be very short or very long depending on how they react.
It could be over in 15 minutes (for good or bad reasons).
We can’t present a long monologue.
If we did that they would simply cut me short and your defence would never be heard.
Our case is a great number of small components that will be slid into opportunities created by the prosecution and we will rely entirely on their own evidence to argue the injustice of this.
We aim to prove their numerous perjuries.
We aim to point out the cynical ambiguity of the prohibitions and the consistent refusal to clarify them.
We aim to reduce their estimation of the gains they can expect to achieve.
This might help our chances of the judge discharging it.
Without wishing to denegrate your contribution to the movement we can find another speaker in 5 seconds flat so even they must realise that the cost of imprisoning you has zero direct impact on us as a movement.
We are only reacting so vigorously because we are angry about the injustice and we don’t want to wait until it is our turn.
This is principally seen by them as being useful in frightening the rest of us off.
I need to convince them that it is not having any such effect on us.
That there is a long queue of us behind you who are also happy to take a turn in prison.
What to do if arrested during this time.
Show relavant law and legal guidance pertaining to why they shouldn’t be arresting you.
Try to prepare your freinds and family so they stay put and witness everything and don’t start agreeing with the police in an effort to curry favour and seem reasonable.
Anyone who is unreliable should walk away when trouble starts.
They will bury you even deeper in trouble if they start accidentally motivating the police with confidence building such as that.
Some help is worse than no help whatsoever.
The police should be reminded of how new and unusual their actions and views are.
Nobody must be reassuring them by pretending like this is the most normal thing in the world.
Like as if it seems totally reasonable to arrest you for possession of a flag or for encouraging or permitting someone else to possess a flag.
It is not normal.
It is not OK.
How I need you to act in court
I need you to look perfectly calm and at ease the whole time.
There is a chance that it is going to be discharged.
Even if that doesn’t happen it might not ever be enforced.
If you compare the mild punishment you face in short term imprisonment to the sort of fate they could face in a few years then you are a lot safer being the defendant than the prosecutor or judge.
I would not want to swap places with them if I was you given the way the political tide is moving.
At least one third of the population want these people publicly executed for what they are doing.
If that percentage keeps rising the way it has been doing then the dam is certainly going to burst at some point in the next few years.
The polling numbers (even looking at the latest stats issued by Hope not Hate) prove this rising tide of anger is certanly a reality.
Hope not Hate claim we are 40% of the population now (based on a survey conducted by YouGov). I would say 35%.
Another survey late last year had us at 47%.
Everyone agrees we were a tiny minority a few short years ago.
Everyone agrees we are still on the rise even now with the police and courts pulling out all the stops. The few of us who are immune to career sabotage or some other penalty are still enough to form huge crowds in the many protests that the media are now hiding from the public.
Another year like the last year and they are going to start realising what is coming their way.
Perhaps that thought will help put this into a better perspective for you.
There is no point in making threats towards them at this point.
We first need reality to dawn on them.
Prematurely threatening them with specific criminal charges will result in laughter from them at this point in time.
Imagine you are sat on a train watching the scenery go by.
Maintain that attitude the whole time no matter what anyone says.
If we get this discharged then part of the reason will be that it doesn’t appear to be having the intended effect. They would insist on this staying in place no matter how well we argued against it if they felt it would deliver a strategic advantage to them.
I will be leaving it until late on before pointing out that we have a long line of volunteers behind you all happy to take a turn in prison.
This claim will seem more plausible if you and I both seem perfectly laid back about the whole thing. Even where he threatens me with contempt of court.
We show no big reaction to it..
This will move the judge’s assessed value of this a bit.
Taking a couple of Labour constituencies via leafleting
I have come up with a way of leafleting the public that is protected by law so they just can’t do a thing about it and I’ll give them a copy of what we will be handing out rather than saying stuff about the judge behind his back.
We need to be able to give accurate projections of distribution sizes as well as current polling figures for the political constitutes
We don’t simply pick your home area.
Instead we pick places where the Labour majority is a bit thin and thus we have a realistic chance of flipping a seat.
I need to be polite but still make a clear threat.
“If you do this, we do that”.
We need to produce and distribute enough leaflets for us to reach and convert enough Labour voters and none voters.
This means our richest pickings are poor council estates.
Choosing our demographic with care reduces how many leaflets we need to do.
Your schedule of behaviour.
There are a great number of things mentioned in your schedule of behaviour which are perfectly legal activities where the police have no business being interest.
On top of that they can be proven to be lying time and time again in a futile attempt at making your behaviour sound illegal.
Your schedule is so thickly laiden with perjury that I think I may have mistaken laziness for stupidity when I first started looking at it.
Whatever the reason for all the blatant lying, it helps us more than than it helps them if we are allowed to speak.
Even the inference of Alarm and distress being caused puts them on the spot if forced to explain how.
Not as juicy a lie as my two favourite humdingers in there but still it paints a dark picture of the prosecution.
It is beyond reasonable doubt that it is deliberately misleading the court relying on nobody paying attention to the evidence which accompanies it.
It is just too strong a pattern for it to occur by chance.
This breaks down into 8 defence components that vary in length between short and easy to explain in less than one minute to more complex and lengthy accusations lasting several minutes.
In each instance we must prepublish our accusation and open by pointing this out to them.
My rationale is that on the one hand they have no interest in hearing what we have to say to them in your defence.
but on the other hand they will be interested in knowing what we have been saying to others about them.
We have to juggle the words around so that instead of each point being a defence of you it is instead an attack on them.
Where they are the topic of conversation they are interested.
Where you are the topic of conversation they are not going to listen even if they have to pretend to listen.
The only way to peak their interest in what we say is by saying it to third parties with no apparent care as to whether they know what we have to say.
Clarification of prohibitions
We need to request an example of the application of each and every prohibition.
Prior to that we need to present them with a breakdown untangled from their amalgamated prohibitions.
I have not become familliar with the procedure so I know by simple guesswork what the different parts of the trial will be but not what the order will be.
It would be better if clarification of the prohibitions was dealt with before we looked at anything else but I think they might not cover it at the start.
Whenever they do cover it I will again remind them of the ambiguity of it and our desire to question the relevance or justification for each prohibition.
This will result in many variations simply because the prohibitions make no logical sense or else the prosecution can’t come up with an example of application.
Chances of a subsequent custodial sentence
Obviously if the ASBO is not discharged then your percentage likelihood of imprisonment goes up from my current estimate of 10% to 40%
…to a more pessimistic 12.5% to 50% chance.
Chances of other outcomes
This is very difficult to predict.
I must admit I have very little relevant experience with this area of law and have not ploughed through enough case law to be able to seize on every opportunity.
Prepare for a stint in prison but don’t assume it is a certainty..
Maybe somewhere between 10% and 40% chance.
I’m sure it is 100% chance in the minds of the police and the judge and this is merely a formality in their estimation.
I reckon it would have been 100% chance of getting sent down if you had hired a regular lawyer.
The lesson we should learn here is that we’re better off getting our own people trained up as paralegals now.
This allows us to fight a hundred times as many battles as crowd funding professionals would have allowed.
Definitely don’t write off our chances at this point.
They have complete control over so much but still stupidity is a bad weakness to have and they have it lot of it.
There is a small chance that the prosecution will withdraw the ASBO or apply for it to be discharged (I am not sure exactly what the procedure is) prior to the full hearing due to us reacting strongly and publicise all their perjury and other flouting of the law.
We need to seize on this case and use it to inflict more harm on them than they can potentially inflict on us. As a movement we lose a speaker and we have more than we need so it is a zero cost to us.
Sorry for not sounding very appreciative of your immense efforts but we are heaving with people now and they are joining a lot faster than they are getting arrested.
On a personal level it makes others very angry to see you punished.
Also, we know if we let this slide without a push back then we are next.
So I for one am going to do everything in my power to turn your case into a bad decision on their part and I’m sure many others will feel the same way too.
It will help us recruit more people.
We are already recruiting new people into the anti Islamic moverment at a far higher rate than they dissuading people.
We are winning the war of atrition and they are pulling out almost all the stops at this point.
Putting us in prison for 15 years for watching videos is a bluff.
Do the maths and it is obvious that they have very little prison capacity compared to how many of us would openly flout such an arrogant and tyrannical move by that stupid bitch we have as a home secretary.
Let’s say 20% chance they back off prior to the hearing.
Might be 10% or 30%.
I don’t know.
There is a chance of it being discharged during your hearing.
It’s not likely but not impossible either considering the number of instances of perjury I can point to and the number of exemptions that have been ignored thus far in your dealings with the police and courts.
So that leaves us with a 40% to 80% chance of the ASBO standing.
Even in that scenario it might be with a variation ordered on it.
Any clarification will effectively reduce the scope of the order.
It is then not certain if they will act on it or if they will pull their horns in.
I am fairly sure they didn’t envisage the trouble they are now facing when they were drafting this clumsy nonsense they present as evidence so they might change their minds when aware they have wrongly predicted costs and benefits.
I’m not a lawyer myself but I can appreciate that this case has ramifications for freedom above and beyond a typical open and shut case of this type. Please help John Banks and the cause of freedom in whatever way you can, and turn up in Doncaster on 04 July 2018 to demonstrate your support.