Name given in court

[venator]

If an accused person gives his name as, say,Nutter, saying that's how he's known, does the Court have to address him by that name in the proceedings?

[DTCwordfan]

yes

here is one for you.

http://www.casecheck....yID/9513/Default.aspx

[venator]

DT - nah - that's the nutter's name - big Yorkshire family.

[boxtops]

DT, your link doesn't work for me.

[venator]

I believe that, for instance, in the Pakistani community it's common to take the name of a recently deceased relative with no formality as a mark of honour.

I think this is accepted in the Courts.

Come on New Judge, I need you!!

[Eve]

Is this about the person they had in court earlier charged with the murder of the Indian student in Salford? I saw he stated his surname as psycho!

[venator]

Hi Boxie - it workeed for me once, but not again - it was a case report of Regina v Nutter - the guy's name appeared quite genuine.

[venator]

Jenna - yes, but I was trying to keep it general.

just thought if he could get himself called Psycho on the record, it would give him grounds for a mistrial...

[albaqwerty]

Jenna, from what I remember of news reposts, he said his first name was psycho and his surname (steppleton??) and the court referred to him as Mr Steppleton(sp sic not sure)

[venator]

That's right, lovely green Alba, his surname is Stapleton, and his commonly used nickname is Psycho.

If everyone knows him as Psycho, can he insist on being addressed that way?

[HowardKennitby]

I imagine they could check his name from his birth certificate and refer to him as Mr <name>
Nutter is quite a common name in certain parts of England

http://www.youtube.com/watch?v=gPhcK1rJPrw

[Eve]

Barmaid may know.

I don't know the legal position but I'd have thought as long as the position on his legal name (regardless of what he is known as) was clear to the court he would be addressed as/referred to, I imagine, Mr Stapleton/the defendant as a matter of court etiquette.

Not sure if they had given a silly or disrespectful etc... surname though - I doubt the Judge would let the court to or legal that legal representatives would indulge it - maybe it would be specified (or ordered as is, I believe, the case in proceedings where anonymity is preserved!) how they are to be referred to if an issue arises and any issues of reference to names he is known as cleared up as context would require throughout the proceedings such as in witness evidence.

I do wonder if they changed their name by deed poll so it was their legal name though!

Contempt of court could maybe come into play should disrespectful behaviour continue. From the news reports it sounds like they may be in for more issues with him, refusing to stand etc... Sadly though I don't imagine that is a rare thing in the criminal courts.

I'm interested to know the answer.

[venator]

Yoo hoo - New Judge - are you there?

[sandyRoe]

I don't suppose courts use peoples nicknames when they're in the dock.

[EDDIE51]

How about changing your name to Mr Guilty-man , how would that go down in court ?

[venator]

Could work - "In 1995 Michael Howerd was charged £20 for a £10 overdraft on his bank account at Yorkshire Bank's Horsforth branch. The 30-year-old marketing consultant changed his name by deed poll to "Yorkshire Bank plc are Fascist Bastards", the name the bank had to use on a cheque repaying the residue of his account."

[New Judge]

Yes, venator, I am finally here.

I don’t think this is too big an issue. The police and CPS will have verified the defendant’s name before charging him and bringing him to court. The Legal Advisor (Magistrates’ Court) or Clerk of the Court (Crown Court) will address him by that name asking him to confirm his name and Date of Birth. If he insists he is called something else all the court needs to be satisfied with is that he is indeed the person named on the court documents. The court officials will address him by his “real” name. He may or may not respond to that but I don’t really see a problem.

With the case of “Mr Psycho” I don’t think there was any dispute over his identity. It was just him being a silly arse.

[venator]

Thanks, New Judge - that's clear.

When Scotland Yard and Interpol finally catch up with me after my long career as a master fraudster (and great seducer), I shall contact you <]:-))