Fraudulent Mediums Act 1951

[Grahame]

I came across a discussion on this Act on another forum; the Fraudulent Mediums Act replaced the Witchcraft Act and is partly responsible for the rise of paganism and wicca today. However, on reading over the Act there is a section that could possibly be interpreted as relating to dowsing.
Here's the text of the Act:

An Act to repeal the Witchcraft Act, 1735 and to make, in substitution for certain provisions of section four of the Vagrancy Act 1824, express provision for the punishment of persons who fraudulently purport to act as spiritualistic mediums or to exercise powers of telepathy, clairvoyance or other similar powers.
[22 June 1951.]

1) Subject to the provisions of this section, any person who-

(a) with intent to deceive purports to act as spiritualistic medium or to exercise any powers of telepathy, clairvoyance or other similar powers, or

(b) in purporting to act as a spiritualistic medium or to exercise such powers as aforesaid, uses any fraudulent device, shall be guilty of an offence.

(2) A person shall not be convicted of an offence under the foregoing subsection unless it is provided that he acted for reward; and for the purposes of this section a person shall be deemed to act for reward if any money is paid, or other valuable thing given in respect of what he does, whether to him or any other person.

(3) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding four months or to both such fine and such imprisonment, or on conviction on indictment for a term not exceeding five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment.

(4) No proceedings for an offence under this section shall be brought in England and Wales except by or with the consent of the Director of Public Prosecutions.

(5) Nothing in subsection (1) of this section shall apply to anything done solely for the purpose of entertainment.

http://www.tonyyouens.com/fma.htm

It's section 1(b) that I found interesting - "...uses any fraudulent device". Could a dowsing tool be considered a fraudulent device? How could you prove to a court that it isn't fraudulent?

A later parliamentary comment deals with the consent provision:

FRAUDULENT MEDIUMS ACT 1951

7.8 The purpose of the Fraudulent Mediums Act was to provide penalties to deter fraudulent mediumship whilst alleviating the "harsh and oppressive" effects of the preceding legislation on those claiming to be spiritualist mediums. (5) A consent provision was included in order to "protect mediums against frivolous accusations". (6)

http://www.lawcom.gov.uk/library/lccp149/pt7.htm

I think this basically means that if the client has given consent, the practitioner can't then be charged. It was designed to stop unscrupulous practices such as someone charging a fee to 'read' someone, then telling them that they had 'X. Y and Z' wrong with their aura or whatever, that could be fixed by the payment of ever-increasing sums of money.
But supposing you had done a dowsing job for a client, who later thought that the work was ineffective and decided to pursue a claim under this Act on the grounds that you used 'fraudulent' devices? Should we start selling our services as 'entertainment'?

[Richard L. Farr]

Reading the FM Act I think the language requires proof that there is an intent to defraud required for one to be guilty under the Act; furthermore there must be a legal determination to speficy exactly what a "fraudulent device" is before that part of the Act could be applied in any particular case; the fact that radionic devices are "legal" in the UK (ie, not specifically defined as "fraudulent devices") would likely go a long way in protecting pendulums and divining rods from this charge. Furthermore, you in England have the legal precedent of the Delawarr court case (London, early 1960;s-see details in the book "New Worlds Beyond the Atom") wherein George Delawarr was found not guilty of fraud (in his civil case) for using/advocating/selling radionic devices.

[Grahame]

Thanks for bringing that up, Richard. I wasn't aware of the DelaWarr case, and knew very little about him. However, a Google search has turned up some very fascinating stuff on his work, such as his invention of the Radionic Camera... hmmm, I think I ought to start another thread on this!

[Dan Wilson]

It's section 1(b) that I found interesting - "...uses any fraudulent device". Could a dowsing tool be considered a fraudulent device? How could you prove to a court that it isn't fraudulent?

I am reminded of Professor Richard Dawkins's assertion (on TV, I have the date somewhere, 1993ish) that if a conjuror can replicate one or two apparently paranormal occurrences, it renders all apparently paranormal occurrences trickery.

This is logically absurd, but the point that immediately occurred to me was, we know from our own experience that magicians can do paranormal stuff - see my story somewhere on the forum about one at Coventry telling BSD Congressers their birthdays - how can Dawkins ensure or show that his conjurors aren't doing paranormal stuff themselves and tricking him into thinking it's all tricks ?

As a (non-dowsing) judge I would hang a likelihood of fraud on the track record of the accused, rather than on one case. We do have one geopathic stress consultant in the Society who leaves string all over the client's sofa, says "avoid those parts when you sit down" and leaves it at that, who I regret to say is entirely genuine.

[Grahame]

There is currently an e-petition on the government website to reinstate the Witchcraft Act:

As witchcraft in all it's forms are abhored by God, and Britain is supposed to be a Christian nation, it should follow then that our government should obey the Word of God & outlaw witchcraft in all it's forms --- in practice & publications.

CLICK HERE to read it. (link broken)


I am particularly fond of the 4th signatory!

[Ian Pegler]

There is currently an e-petition on the government website to reinstate the Witchcraft Act:

As witchcraft in all it's forms are abhored by God, and Britain is supposed to be a Christian nation, it should follow then that our government should obey the Word of God & outlaw witchcraft in all it's forms --- in practice & publications.

CLICK HERE to read it.

I am particularly fond of the 4th signatory!

ROFL!!!

Thanks for that Grahame, I needed a good laugh!!!

Ian

[B.J.C.Courtney]

There is currently an e-petition on the government website to reinstate the Witchcraft Act:

As witchcraft in all it's forms are abhored by God, and Britain is supposed to be a Christian nation, it should follow then that our government should obey the Word of God & outlaw witchcraft in all it's forms --- in practice & publications.

CLICK HERE to read it.

I am particularly fond of the 4th signatory!

ROFL!!!

Thanks for that Grahame, I needed a good laugh!!!

Ian

As a practiceing active clairvouyant and also a some time pro Dowser, i allways state in my handouts that the client pays a agread amount upoun an acceptable result, thus if they feel i have not given them true value no payment would be asked for!

If a person is offering a service that the client finds acceptable this would validate a agreamt and be within the bounds of the act.

I went on a BDS Dowsing course given by Vicky Sweet Love and i remmber watching a Vid about dowsing for water, for the life of me i can not remmber who the gentlman was but he and his Son also drilled the bore holes and would only take payment on results.

Thats how i work too.

Ps if my fairy godmoters around i would love a copy of that vid.

[Ian Pegler]

ROFL!!!

Thanks for that Grahame, I needed a good laugh!!!

Ian

Aaaawwww they've deleted it...

Ian

[Ian Pegler]

There is now a counter-petition supporting witchcraft.

We the undersigned petition the Prime Minister to not bring back the anti-witchcraft laws of this country.

CLICK HERE(link broken)


So far the only person who has signed it is the petition-creator!!!!



Ian

[Ian Pegler]

There is another counter petition with more than 150 signatories:

We the undersigned petition the Prime Minister to recognise Witchcraft and Wicca as official religions, and afford them the same rights as Christian religions.

CLICK HERE (link broken)


Ian

[Ian Pegler]

There is yet another counter petition!

We the undersigned petition the Prime Minister to Publicly apologise for this countries past treatment of witches

CLICK HERE (link broken)


I have a suggestion of my own. See what you think:

We the undersigned think that Downing Street should be renamed Dowsing Street.

Ian

[Helen-Healing]

There is yet another counter petition!

CLICK HERE

I have a suggestion of my own. See what you think:

We the undersigned think that Downing Street should be renamed Dowsing Street.

Wouldn't you just love to know someone by the name of Jolyon Pebbledash??

I wonder if anyone has ever dowsed No 10? I bet there are some weird energies going on there!!

[Ian Pegler]

There is now a counter-petition supporting witchcraft.

We the undersigned petition the Prime Minister to not bring back the anti-witchcraft laws of this country.

CLICK HERE

So far the only person who has signed it is the petition-creator!!!!



Ian

Thankfully more people have signed it, although there are again one or two bogus signatories:

Why should the government "recognise" silly old fairytales?

What I want to know is, why should "religious tolerance" stop at monotheism? Why can't it extend to wicca?

Ian

[Helen-Healing]

What I want to know is, why should "religious tolerance" stop at monotheism? Why can't it extend to wicca?

I belong to a local Pagan group here, and quite a few Wiccans attend. Some have their own covens.

The group was invited this year to join the local Inter-Faith Council or Group or whatever it's called, so I guess Wiccans & other infidels are being recognised.

[Ian Pegler]

The Fraudulent Mediums Act is being repealed:

Mediums are fighting new EU rules designed to protect the public from dodgy traders, fearing that honest spiritualists could be targeted.

CLICK HERE to read the article.

See also this article

CLICK HERE (link broken)


Ian