Wibble, Wibble, Wibble: Isle of Wight Freeman of the Land Learns the Hard Way

An Isle of Wight freeman of the land was forcibly removed from the dock when he refused to co-operate with court proceedings.

Brian James Bailey, 45, of no fixed abode, was convicted of driving without insurance, fraudulently using a vehicle registration number, obstructing a constable and possession of cannabis following a trial (of sorts) at Isle of Wight Magistrates' Court on Tuesday, 15th November 2022.

Bailey is a freeman of the land. Freemen of the land are a group of individuals who believe that they are only bound by those rules of society that they consent to.

As a general rule, freemen do not recognise the legislation that everyone else is bound by or the authorities that enforce or uphold that legislation. They only recognise their own (wayward) interpretation of common law.

There are several videos of freemen apparently successfully peddling their beliefs on YouTube, but these videos never show the moment they invariably end up in handcuffs or a cell.

Ann Smout, prosecuting, told the court that Bailey's van was stopped by police on Thursday, 13th October 2022 after they noticed that the registration number, BA11 3Y, was not present on the DVLA database.

Bailey pulled over, but refused to leave the vehicle when requested to by officers. Police had to smash the driver's side window in order to remove him from the vehicle, which caused disruption to other road users. Cannabis was found inside the van.

Bailey subsequently told police that he hadn't consented to be stopped, but had pulled over to let them pass by. He said his offences didn't have any victims, so didn't constitute a crime. That being the case he refused to co-operate with the judicial process.

Standing in the dock Bailey, who initially refused to identify himself, insisted that the court addressed him as "Brian James of the family Bailey". Clearly unimpressed, District Judge Anthony Calloway told the defendant "don't talk such tripe".

Bailey also refused to enter pleas for each offence, so DJ Calloway entered not guilty pleas on his behalf. He also attempted to read from a pre-prepared statement, despite being told he was not allowed.

This is where the newspaper report is a little unclear, but it would seem that Bailey's continued defiance was such that DJ Calloway ordered his removal to the cells. As the correct documentation had been served, the court then went on to try and prove each offence in Bailey's absence.

DJ Calloway then called for Bailey from the cells, told him that the offences had been proved in his absence and asked him to co-operate with the preparation of a pre-sentence report. Bailey refused to engage with probation and again insisted on reading his pre-prepared statement. DJ Calloway was clearly having none of it, so remanded Bailey in custody until his next hearing in three weeks' time.

I eagerly await the sentence DJ Calloway decides to impose. It sounds like he has pitched the offences at least in the community band but could also, if he was so minded, have Bailey's van off him and disqualify him from driving.

Freeman of the land wibble is quite rare. I've only ever had one defendant try it, but the legal advisor very quickly told him that if he didn't start co-operating we would very likely send him to the cells. He suddenly became more obliging!