Hermione doing magic

[jmwcfo]

No: HPFGUIDX 167845

> bboyminn:
>
> I suspect if Harry had been more in favor with the
> Ministry, they would not have thought too seriously
> about his defending himself against Dementor. They
> say he performed magic in from of a muggle, but the
> muggle was Dudley and Dudley is already aware of the
> magic world, so that did not represent a true breach
> of Secrecy. Of course, Fudge is out to get Harry, so
> there is no listening to reason with him.
>

JMW:
Do not overlook that HP saved Big D's soul.  Using magic
to defend a muggle is an explicit exception to the Secrecy
laws.  HP was subjected to trial because nobody at the MoM
would admit that HP & D were attacked by dementors; hence,
this defense was ridiculed - until a witness testified to
the presence of dementors.


> bboyminn:
>
> Now at the Burrow, the twins are performing magic all
> the time making their tricks for the joke shop. But
> magic is happening all the time at the Weasley's
> because it is an ALL MAGIC household. That makes it
> very difficult to separate our normal magic from
> underage magic.
>
> They leave it up to the parents to deal with, unless,
> like I said, it become disastrously out of control...
> I think the Ministry treats this as a minor problem
> that is generally left to the parents to police and
> punish.


JW:
It is explicitly explained elsewhere that the MoM can
detect the use of magic, but can NOT determine the precise
person responsible.  It is indeed explicitly stated that
the MoM relies on parents to control their kiddies.


bboyminn:
>
> Notice that when Harry allegedly performed the Hover
> Charm, which we know was actually performed by Dobby,
> there were UNAWARE muggles present; the Dursley's house
> guests. That is a much bigger deal, and must be dealt
> with more severely than simple underage magic.


JW:
Not exactly - spontaneous, uncontrolled underage magic is
generally not prosecuted.  HP might have used this as a
defense, if necessary.  Note that HP is the only wiz in his
part of town (the elf's presence is unknown by the MoM), so
it is easy to assume HP performed the act.