Law And Disorder

August 19, 2009 at 9:00 pm

All is not well across at Chateau Big Dollop. Concern is being aired about the proposals to allow the police to issue on-the-spot fines complete with penalty points.

The idea has temporarily been beaten back by that small part of the judicial system which hasn’t fallen to the forces of Guardianistas at the gates of freedom, but it will doubtless rise again.

We learn that: …a government initiative to entrust the police with powers to issue £ 60 ON THE SPOT fixed penalty payments (and thereby points on motorists licenses) who are deemed by individual officers to have infringed the road traffic act has been shot down in flames by magistrates who have said in no uncertain terms that the police are NOT to be trusted to act in an even handed manner when dealing with Joe public trying to go about his lawful business.

however where I differ in opinion from those pen pushers who want to draft this proposal into law is that the police should not be placed in the position to act as judge and jury on cases that involve the offence of careless / dangerous driving and must be compelled to present their evidence of such wrongdoing in a court of law whereby a magistrate can then impose a sentence if the errant driver is then found guilty.

These and other points in the post are very valid. However they are backed up by more powerful words than Brown will ever have the power to write.

“That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.” (1689 Bill of Rights)

“Clause [29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.” (Magna Carta, 1297 version)

“. . . no man of what estate or condition that he be, shall be put out of land or tenement, nor taken, nor imprisoned, nor disinherited, nor put to death, without being brought in answer by due process of law.” (Magna Carta 1352 Edward III’s changes)

So once again McDoom is caught overreaching himself. Our wannabe Lord Protector tries to take us ever-closer to an authoritarian state and we must be watchful for every move.