TV Licensing: Hartlepool Search Warrant Update

In December we wrote about the case of YouTube user Binary Genius, who was the victim of a malicious TV Licensing search warrant execution.

We regret to report that he was convicted of obstructing the warrant when his case was heard at Teesside Magistrates' Court last Friday, 7th November 2014. He was fined £200, had to pay TV Licensing prosecution costs of £375 and a victim surcharge of £20. TV Licensing had sought £750 prosecution costs, but fortunately the Magistrates disagreed with that request.

During the trial, TV Licensing presented footage taken from our YouTube channel.

Given the case has now drawn to a conclusion Binary Genius is happy for us to publish his real name, Mick Oldfield.

It is noted that TV Licensing found no evidence whatsoever of unlicensed TV reception at Mick's home on the evening they executed the warrant. This negative result again raises questions about the evidence TV Licensing presented in order to obtain a warrant in the first place. The information for the warrant was laid on oath by Capita Court Presenter Tony Kaminskas on 22nd November 2014.

By way of a reminder, two TV Licensing goons - Terry Docherty of Sunderland and Burgess Nasr of Marske - attended Mick's home on the evening of 19th December 2013. They were in possession of a warrant granted under section 366 of the Communications Act 2003, which gave them legal authority to enter the property, search for and test any television receiver found there.

Mick, who was clearly very shaken by TV Licensing's surprise appearance, was reluctant to allow access to the property, but eventually they managed to talk their way over the threshold and were able to conduct their search.

We wrote at length about the search in our previous article. Even now, almost a year later, we are sickened at the tactics employed by Docherty and Nasr as they rummaged around for non-existent evidence in Mick's living room.

The pair desperately searched for the merest flicker of a TV programme that would lead to Mick's conviction for TV licence evasion. Finding nothing, they attempted to tongue-tie and bamboozle him into a providing a false "confession". At one stage Docherty, a failed Conservative election candidate, expressed a willingness to selectively quote Mick's words out of context.

Clearly disappointed at their vexatious search drawing a blank, TV Licensing decided to pursue the consolation prize of obstruction charges instead. Experience shows that TV Licensing is quite happy with obstruction as an outcome, because it keeps their rarer than hen's teeth search warrants in the public eye. There was no public interest in pursuing obstruction charges in Mick's case: TV Licensing had already entered his home on a falsehood, so could have shown humility by slinking back into the gutters where they belong. Instead, as in the famous case of Michael Shakespeare, they decided to make an example of an innocent man, whose home they had no business violating in the first place.

For all our disappointment at the outcome of Mick's case, it does serve as a valuable learning point. Had Mick allowed Docherty and Nasr immediate access, he would now have humiliating video footage of them searching for a non-existent TV receiver. He would also still have the best part of £600 in his back pocket.

Reflecting on his experience, Mick told us the following: "We are very unhappy with the court's decision, but feel a sense of relief that finally we know where we stand.

"It is not easy to represent yourself in court, but if you get the chance, and the charge is not too serious, I highly recommend doing it. You will start to really understand how the lower courts are being manipulated by private interests.

"My advice to anyone faced with a TV Licensing search warrant is to video everything and stay calm. If they ask for your help checking your equipment, then you should help them otherwise you run the risk of obstruction charges.

"My family would like to thank everyone from the TV Licensing Blog, the TVLicenceResistance.info forums and all the other sites that have offered kind words of support and advice."

TV Licensing search warrants are exceptionally rare. In the extremely unlikely event that TV Licensing do appear with a search warrant, the occupier should allow them immediate and unhindered access to the property. The occupier is advised to film them conducting the search and provide an appropriate commentary for the benefit of the camera.