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Chapter 3 - 3Breaking the law and expulsion

Is using magic before enrollment a violation of the decree for the reasonable restriction of underage sorcery?

The following is an excerpt from the main text: The Philosopher's Stone

"Are you sure that's a real spell?" the little girl asked. "Well, it's not very good, is it? I've tried a few simple spells at home, just for practice, and they all worked... My name is Hermione Granger, by the way, what are your names?"

(So, using magic before enrollment is actually not a violation. Those who say it is definitely haven't read the book.)

Notices were sent to every student, warning them not to use magic during the holidays. "I always hoped they'd forget to send us this one," Fred Weasley said regretfully.

After receiving a notice from the Ministry of Magic(presumably a piece of parchment with the decree for the reasonable restriction of underage sorcery written on it), using magic while away from school is considered illegal.

Flying on a Flying Broom does not count as "using" magic. (The Seven Potters)

Also: the decree for the reasonable restriction of underage sorcery is generally used to restrict underage Wizards from using magic in front of Muggles.

What happens if you violate the decree for the reasonable restriction of underage sorcery?

The following is an excerpt from the main text, The Chamber of Secrets

The first warning letter Harry Potter received:

Mr. Potter:

We have received a report that you performed a Hover Charm at your residence at twelve minutes past nine this evening.

As you know, underage Wizards are not permitted to use magic outside of school, and if you do so again, you risk expulsion from this school (the decree for the reasonable restriction of underage sorcery, 1875, Section 3).

Please also remember that, according to Section 13 of the International Confederation of Wizards' Statute of Secrecy, any magical activity that may attract the attention of non-Wizarding World members (Muggles) is a serious offense.

Have a pleasant summer!

Mafalda Hopkirk

Ministry of Magic, Improper Use of Magic Office

This warning letter is undoubtedly the most authentic; without the savior's bonus or targeting by the Ministry of Magic, Hogwarts students using magic outside of school would likely receive a similar first warning letter.

([Those who say Truman was expelled the first time he received a letter from the Ministry of Magic definitely didn't read further; it wasn't his first warning letter from the Ministry of Magic.])

The following is an excerpt from the main text: The Prisoner of Azkaban

"Punishment?"

"I broke the law," Harry said, "the decree restricting underage Wizards from using magic!"

"Oh, my dear boy, we're not going to punish you for such a minor thing," Fudge exclaimed, waving his crumpet impatiently. "It was an accident; we're not going to send people to Azkaban just for blowing up an aunt."

But these words didn't align at all with Harry's past dealings with the Ministry of Magic.

"Last year, I received a formal warning just because a little Goblin at my aunt's house ruined a pudding!" Harrysaid, frowning. "The Ministry of Magic said that if I performed any more magic there, Hogwarts would expel me."

Unless Harry's eyes deceived him, because Fudgesuddenly looked embarrassed.

"Things often change, Harry, and in the current situation, what we must consider is that you [surely don't want to be expelled], do you?"

([In fact, through Potter's conversation with Fudge, it's not hard to guess the severity of the problem: a second violation of the decree for the reasonable restriction of underage sorcery could lead to expulsion from Hogwarts.

In The Order of the Phoenix, the Ministry of Magic tried to do just that; they used a formal criminal court to try Potter, preparing to expel him and send him to prison.

At that time, Potter was not punished; in Dumbledore's words: You were very merciful at the time and [did not press charges]. (The Order of the Phoenix)

At that time, due to Black's escape from Azkaban, the Ministry of Magic was in chaos, and many clues indicated that Black wanted to murder Harry. To salvage the Ministry of Magic's reputation, they naturally had to protect Harry's safety. If Harry were expelled and then murdered by Black, Fudge's time as Minister might have ended, or at least his reputation would have suffered greatly.

I don't understand why many people say he wouldn't be expelled? Is it the way a rabbit is handled? But that doesn't necessarily apply to a "tiger."])

The following is an excerpt from the main text: The Order of the Phoenix

Dear Mr. Potter: We have received intelligence that at twenty-three minutes past nine this evening, you performed a Patronus Charm in a Muggle residential area, in front of a Muggle. This act constitutes a serious violation of the decree for the reasonable restriction of underage sorcery, and therefore you have been expelled from Hogwarts School of Witchcraft and Wizardry. The Ministry of Magic will soon send representatives to your residence to destroy your wand. Given that you have previously received a formal warning for violating Section 13 of the International Confederation of Wizards' Statute of Secrecy, we regret to inform you that you must appear for a hearing at the Ministry of Magic by nine o'clock in the morning on August 12th.

We hope you take good care.

Your faithful Mafalda Hopkirk, Ministry of Magic, Improper Use of Magic Office

(Umbridge was being clever; she sent Dementors to trouble Potter, making him violate the Statute of Secrecy, so she could send Potter for review through official channels.)

The following is an excerpt from the main text: The Order of the Phoenix

He pulled a parchment from a pile of documents, took a deep breath, and read aloud: "The defendant is charged with the following offenses: "The defendant, having previously received a written warning from the Ministry of Magic for similar charges, this time [with full knowledge that his actions were illegal], deliberately and knowingly performed an Expecto Patronum Charm at twenty-three minutes past nine on August 2nd, in a Muggle residential area, in front of a Muggle, an act which violates Section 3 of the decree for the reasonable restriction of underage sorcery, enacted in 1875, and Section 13 of the International Confederation of Wizards' Statute of Secrecy.

"Are you Harry James Potter, residing at number 4, Privet Drive, Little Whinging, Surrey?" Fudge asked, glaring at Harry over the top of the parchment.

"The Ministry of Magic has no right to expel students from Hogwarts, Cornelius, as I reminded you on the evening of August 2nd," Dumbledore said. "Nor does the Ministry of Magic have the right to confiscate wands, unless [those charges are proven to be true]."

The review process should be:

If a Hogwarts student violates the Statute of Secrecy more than once, the Improper Use of Magic Office will mail a letter to the offender stating the violated statute and the actions the Office will take.

The Head of the Improper Use of Magic Office will review the offender, and the Principal will also be notified immediately. Once the charges are confirmed, offenders with serious offenses will be expelled from school and have their wands destroyed.

[If the Principal doesn't intervene or the Ministry of Magic isn't willing to make an exception and drop the charges, then it's certainly over.

(Chinese is one of the most complex languages; a single sentence can have many interpretations, making it easy to exploit loopholes. Outside, there's less leniency; no one would repeatedly court disaster, especially when you have no power.)]

Whether you are expelled for a second violation depends on whether you truly violated the Statute of Secrecy and whether the Ministry of Magic is willing to make an exception. [Some things are a big deal to you, but not to others.]

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