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Original TPOs

Subject: Original TPOs
From: Dealga OCallaghan
Date: Dec 30 1999 18:50:37
UK Tree Care - http://www.oak-wood.co.uk/uktc/
Richard Perrins is in error - serious error.
 
A digital copy of a TPO is NOT acceptable in Court.  The Original, signed and sealed order is the Legal Document and if this cannot be produced in Court, then it does not exist.  I speak from first-hand experience.  I have acted in cases where prosecutions have failed because the Original Order could not be produced.  A Judge can only act upon the Legal Document and, as all TPO prosecutions come under the Police and Criminal Evidence Act 1984, then all the defendant has to do is to shoe 'reasonable doubt' without the origianl legal instrument - that's a 'no brainer' for any competent Solicitor / Barrister.
 
On the same matter, digital evidence of any sort is not acceptable and that goes to digital photos as well as it is too easy to alter or tamper with them.  Again I speak from experience where it was shown that an LPA had 'doctored / altered' a photo for entirely benign reasons - Case Dismissed!!
 
Also, Mr Perrins is somewhat patronising in his approach.  I am an experienced consultant and it is not beyond by abilities to assess and understand 'An Old Order'  I can figure it out.  We in the private sector are not stupid, in fact, in many ways we assist the LPA's to detect serious flaws in their TPO files and systems.  Usually for free as part of a job we are doing for a client.  So please, don't patronise us and we will not publish all the 'Cock-Ups' we find in LPAs TPO files.  Boy that would make a good publication?  'The A to Z of TPO Errors' it would be as good as any Dennis Norden 'Out Takes' Programme.  And if we identified the LPAs as well - then the s**t would hit the fan but not as much as if we identified the Officers in post at the time the 'cock up' occurred - boy would that compartmentalise some people??
 
Come to think about it, it would make a good regular feature for TreeLine or the AA NewsLetter - we could style it on the sports programme Goal of the Month - how about 'TPO Cock-Up' of the Month' or 'Top Ten TPO Cock Ups' or taken further we could offer an annual award for the year's most humourous TPO C/U or the most costly to the LPA Tax Payers
 
Of course the LPAs or NATO could respond with 'Consultant Cock-Ups' that would also be fun..
 
Seriously though, the message is, Digital Data is fine for information only, but in Court, you must have the Original.
 
Dealga O'C
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  • Original TPOs
    Dealga OCallaghan, Dec 30 1999 18:50:37