our justice system

Discussion in 'Bulletin Board' started by korky, Jul 23, 2021.

  1. kor

    korky Well-Known Member

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    sorry but a bit of a rant and really shouldn't read the news late on
    just read that 2 occupants got fined around £1000 for failing to clear garbage in the courts this week, i post to 1 of them and doesn't seem a bad lass, maybe just untidy, i don't know
    in next case, a scrote is convicted of assaulting a paramedic and gets a £150 fine and suspended jail sentence
    this in the same courthouse!
    the mind boggles
     
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  2. orsenkaht

    orsenkaht Well-Known Member

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    Sentencing Guidelines, and the linking of fines to multiples of disposable income to blame there matey! The system is designed to achieve equality of approach, but not necessarily equality of outcome.

    But while we're on this theme, to my mind of much more concern is this little snippet that was published this week:

    Judicial Review and Courts Bill (parliament.uk)

    The sections dealing with judicial review actually run to only two sections and three pages, but they are potentially devastating to the ability of the citizen to challenge government action which is suspected to be unlawful. It is far from an easy read and in parts amends amending legislation. It would be interesting if some of m'learned friends (Mansfield, Darfield, Bar Tyke?) were able to precis it, but it looks a far from liberal tinkering with citizens' rights to my eyes.

    It is of course wholly unnecessary. The problems which the Johnson Government Mk.1 had arose from May and Johnson having no legitimate majority in Parliament. When you have a substantial majority as Johnson does now, you can use that to legislate away any Supreme Court judgement you dislike. Sovereignty of Parliament, and all that. There might come a day (!) when Labour are back in power and the Tories wish to challenge state action, at which point they might come to rue this little chestnut.

    Next up is a review of the Human Rights Act 1998. The ECHR is a beautifully balanced piece of drafting, and qualifies all but one of the rights therein where for example, the interests of national security, public safety or the economic well-being of the country, the prevention of disorder or crime, the protection of health or morals, or the protection of the rights and freedoms of others are at stake. Problems have arisen only where judges have got the balancing exercise wrong. The Convention, as most people know, is independent of the EU and was drafted with significant British involvement. A watering down of the already-qualified rights within it, accompanied by a diminution in the ability of the citizen to challenge administrative action is the stuff of dictatorships. A very slippery road to embark upon.
     
  3. Ton

    Tonjytyke Well-Known Member

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    I’m reading’The secret barrister’ at the moment and I urge anybody who is worried about the state of the judicial system, DO NOT READ THIS BOOK!!! You’ll not sleep for a week.
     
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  4. orsenkaht

    orsenkaht Well-Known Member

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    Same here, Tonjytyke (I presume you mean his most recent volume 'Fake Law'). I hadn't read the chapter on the Human Rights Act when I posted above, but have done since breakfast. It is a magnificent essay on the misleading nonsense put about by the Tories and their media friends, and an explanation of why we should be extremely wary of any attempts to dismantle it.
     
  5. ark

    ark104 (v2) Well-Known Member

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    Thanks for this, a brilliantly written post from someone with real knowledge and insight on the subject.
     
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