Hermione doing magic

[Steve]

No: HPFGUIDX 167854

---  "jmwcfo" <jmwcfo at ...> wrote:
>
> > bboyminn:
> >
> > ... They say he performed magic in front 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. ...
> >
> 
> 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; ...
> 
> 

bboyminn:

Of course, you are right, but my central points was that
Dudley is Magic-Aware; he has knowledge of and experience
with the magic world, consequently any magic performed
in front of him IS NOT a breach of the Statute of Secrecy.
The presents or absents of Dementors is irrelevant 
because no unaware muggles are involved and therefore no
breach of Secrecy is involved.

Reasonable they could have gotten Harry for a breach of
the Restriction of Underage Wizardry, but in cases where
no unaware muggles are involved and no damage control is
required, that should have been nothing more than a minor
offense.

Still, the Ministry is clearly out to get Harry and are
inflating the charges to outrageous extremes. It's hard
to believe that people like Madame Bones of Magical Law
Enforcement and others weren't outraged by the extent 
to which Fudge had exaggerated and inflated what Harry
did. Perhaps, privately, and off the page, they were 
outraged, but likely we will never know.


> > bboyminn:
> >
> > Now at the Burrow, the twins are performing magic all
> > the time making their tricks for the joke shop. ...
> >
> > They leave it up to the parents to deal with, ..
> 
> 
> 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:

So, I was right then...good ;).

> 
> 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. ...
>

bboyminn:

While you are right in a sense, relative to Dobby's 
Hover Charm, there was no accusation or implication of 
'uncontrolled magic'. Harry receive a stern warning 
letter because the magic was performed in front of 
/unaware/ muggles. However, the circumstances were such
that it did not require the Ministry to intervene to do
damage control; no modify memories, etc....

Later when he blew up his Aunt Marge, the Ministry 
forgave him under the idea that, as Dumbledore points
out, it is unreasonable to expect young people to be 
fully responsible for what they do under extreme 
emotional stress (paraphrased). Fudge seems to be 
operating under that same reasonable assumption, until 
it is no long convenient for him to do so. In this
case, Ministry intervention was require; Marge was 
deflated and her memory was  modified, but the Ministry
accepted it as an unintended accident, which it was.

In general, I'm not trying to contradict you, your points
are valid; hopefully I'm just expanding on them a little.

For what it's worth.

Steve/bboyminn