Conditional Cautioning
January 7, 2009 by Ken
Filed under Legal Matters
An interesting question arises from The Magistrate’s Blog who says
The seemingly unstoppable march of the Conditional Cautioning régime continues.
Apparently if those cautioned fail to meet the conditions they end up in court. No problem with that, but in the case mentioned one of the conditions was to pay compensation, this to me seems to be sailing close to the wind with regard to the Bill of Rights which is clear that
12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void.
Not though something that seems to be an important issue to either the writer or the commenters, who seem much more concerned that the offender ‘cautionee’ is required to write a letter of apology.
So I imagine then that the Bill of rights is no longer legal tender in this country, I just whish someone would tell me when it was repealed.
And how it was legally repealed considering:
That all and singular the rights and liberties asserted and claimed in the said declaration, are the true, ancient, and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed, and taken to be, and that all and every the particulars aforesaid shall be firmly and strictly holden and observed, as they are expressed in the said declaration; and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all times to come.
. . .
XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand, remain, and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the lords spiritual and temporal, and commons, in parliament assembled, and by the authority of the same, declared, enacted, and established accordingly.
