Conditional Cautioning

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 [...]

Enraged at engrenage

EU Referendum: Engrenage again
The genius of engrenage, though, is that nobody notices. Each step can be justified, in isolation, on apparently good grounds – as long as no one understands that it is a process, and the end point is economic and then political integration. By such means are we thus enslaved.

The Enforcement Agency

The last thing the police need is elections says Roger Graef described in the Telegraph as a filmmaker and criminologist. Although dressing up his comments with clearly leftists expressions, I would tend to agree that it is wrong to ask the police to be accountable to politicians, whether they be local Westminster or Brussels.

The police [...]

European Commissioner’s loyalties

Nosemonkey poses an interesting question about the constitutional issue raised by sending Baroness Ashton to the EU as a commissioner, he asks:
The question of where a European Commissioner’s loyalties lie is a vital one. He says Eurosceptics will leap on her first justification for her appointment: That she steered the Lisbon treaty through the [...]

British Police Arrest Holocaust Denier

The problems forecast with the EU arrests warrant are becoming a reality, with the news of the arrest of Dr Toben at Heathrow airport by British police on a warrant issued in Germany for the a crime of Holocaust denial.
The action and offence under German law was committed outside of Germany in a country (Australia) [...]

Rulings under the Human Rights Act

The Telegraph complains about being shackled by the judgments based on the Human Rights Act of 2000 and specifically on conflict between Article 8 – which recognises the individual’s right to privacy – and Article 10, which recognises freedom of expression. The balance of judicial decisions in the subsequent eight years has swung markedly towards [...]

Stuart Wheeler looses case

Stuart Wheeler looses case
Even a pessimist like me has a small degree of hope that an obviously lost cause would be reversed in the end however unfortunately that is not to be as the high court have now rejected Stuart Wheelers case against Gordon Brown for not holding a referendum.
From Press reports Lord Justice [...]

Laming is Abusing Democracy

It was the executive that used the three line whip and rewrote the rules to use the guillotine to push this through parliament.
Richard Laming is abusing democracy when argues that Stuart Wheeler is abusing the Constitution of the UK by issuing a legal action to force the Prime minister to stand by his personal [...]

The Effects of EU Citizenship Legal matters

Anyone who has been reading my EU citizenship posts might like to follow up with reading some other thoughts and information on the legality of EU Citizenship and also how to renounce EU Citizenship.

Solemn Treaty Obligations
The UN 1503 Procedure
Mass Debate in Europe
Renunciation of EU Citizenship
The UN 1503 Procedure
You might also [...]

Asylum

The British government say we will not remove anyone who we believe is at risk on their return. However, in order to maintain the integrity of our asylum system and prevent unfounded applications it is important that we are able to enforce returns of those who do not need protection.”
I think that most of us [...]

Parliament and the Law

The Telegraph headline Judges have limits introduces an attack on judges for interpreting the law.
The Telegraph is trying to argue that our judges should not have the authority to overrule government ministers.
In one case Lord Justice Collins ruled that soldiers should have full legal protection wherever they are. The Telegraph seems to think that the [...]

A Freeman of England

I now declare my Lawful Intent to the Traitors in Parliament.
I, John James Harris now declare my right under Common Law of England to Withdraw And Withhold all allegiance & obedience to the Person and Crown of Our Sovereign Lady, Elizabeth the Queen, and those who falsely claim to speak &/or to act in Her [...]

When it suits them

The government is using the 1689 Bill of Rights, which establishes the principle that parliamentary proceedings cannot be questioned by the courts, as one central argument in its legal battle to prevent Gateway reviews into the feasibility and progress of the government’s ID cards project becoming public.

Gateway reviews ID cards project

As [...]

The Advancement of the EU and the Beano

Reacting to the News that the European Union has this week opened its Fundamental Rights Agency in Vienna with the stated purpose of collecting data on violations of the EU`s Charter of Fundamental Rights, provide advice to the EU and its member states and to raise public awareness.
The Times points out that many believe the [...]

New Police Power Undermines Human Rights

Well it’s taken a couple of years but finally the British government have had to cave into the EU Commissions demand that the British people must be subjected to Random Breath Tests.
Even though giving our police this power undermines one of our basic rights; that strange concept of the Presumption of innocence.

Back in 2004 [...]

Let`s Turn off the Tap

It will take only 15 seconds: long enough for Britain to hand over another £6,000 to the EU. What are you waiting for?

Daniel Hannan begs in the Telegraph; he is of course writing about the BBC Christmas Repeal Which law should be tossed into the dustbin of British history?
Hannan says we should blowtorch [...]

Pie in the Sky

Reported on Sky News The Tories have launched a fresh attack on Government red tape, claiming Labour has introduced a regulation an hour, a target a day and a tax rise a month.
Shadow Chancellor George Osborne unveiled the figures, which showed there had been more than 30,000 new regulations, 3,000 targets and more than [...]

1972 was not a good year for democracy

From Ireland comes a legal challenge to EU law;
The problem arises over the way in which European Community law is enacted in Ireland. EU law is superior to Irish law so when a Directive is handed down from Europe it has to be transposed into Irish law. This is usually done by Statute but also [...]

So who runs Britain II

Last week the Chancellor announced in his Pre-Budget Report that the Government would not repay tax “incorrectly” levied from more than six years ago.
Unfortunately this is a direct challenge to an earlier ruling by the ECJ, which laid down that such repayments should stretch back to 1973. The same court has made judgments in the [...]

A Whole New Can of Worms

The Parking and Traffic Appeals Service is facing yet another challenge under the Bill of Rights,
this time it has been submitted by a solicitor.
Solicitor Frank Rayner, Is not disputing the facts of the case, he is instead claiming that the
Transport for London`s attempt to impose a penalty charge(s) is unlawful, on the basis that
it [...]

On The Spot Fines Backtrack

Yesterday I commented on a leaked document seen by The Times outlining a set of proposals, drawn up by chief police officers and Home Office officials, for an extension of instant fines to include crimes such as assaulting a police officer.
It would now seem that these suggestions did not go down well with ordinary police [...]

Reversing the Burden of Proof

 The Times is reporting that proposals drawn up by the Home Office envisages a huge extension of fixed-penalty notices from early 2007.
They would apply to nearly 30 offences, including assault, threatening behaviour, all types of theft up to a value of £100, obstructing or assaulting a police officer, possession of cannabis, and drunkenness, the Times [...]

Quote

Nick Clegg, the Liberal Democrat spokesman, on the new idea of super-Asbos
”a half-baked gimmick’ the Government is now suggesting using a system designed to deal with young tearaways to tackle international criminal rackets run by the Tony Sopranos of this world. It is based on a lazy view that the only way to [...]

Government is failing to preserve rights of citizens

From Dennis Cooper
He may be VP of the EPP-ED, but at least this is one Tory who’s mentioned the EU Arrest Warrant.
The Scotsman
‘NatWest Three’ case shows government is failing to preserve rights of citizens
The extradition of the “NatWest Three” has rightly stirred the awareness of the public that the Labour government has no [...]

Judge Humpty Dumpty decision to be challenged.

Latest News Release

Metric Martyrs Defence Fund
‘Parking Fine Mess’ case now set for the Court of Appeal…Judge Humpty Dumpty’s decision to be challenged.
A case came before the High Court 5th July last week, which could ultimately lead to every parking fine in the country being declared invalid…or, alternatively, the Metric Martyrs’ convictions being declared ‘unsafe.’
West Midlands [...]

Extradition Act 2003

The Explanatory Notes to the Act: make it clear that originally the primary intention was to implement the EU Arrest Warrant:
“9. The Government set out its proposals to reform the law on extradition in a consultation document “The Law on
Extradition: A Review” in March 2001. It was the outcome of an [...]

They are not fines – so thats fine

A reasonable précis of the arguments, Mr Booker is a little wrong on the Justice Laws ruling, which was that firstly there was a hierarchy of acts of parliament and secondly “constitutional statutes” could not be changed by implication.
Government officials across the land will have heaved a sigh of relief last week at [...]

Unprotected Britons

Sir – Three former employees of NatWest are to be extradited to America for an alleged offence, using legislation promulgated by the Government that is designed to deal with suspected terrorists, and which does not even require the American authorities to present prima facie evidence of wrongdoing (Business, June 28).
This comes hard on the heels [...]

Charles Clarke protests too much

A familiar trick of the bully is to accuse an opponent of the very vice the bully himself practises. So when the Home Secretary spoke yesterday of the “distorted” reporting of his security policy by the media, and the “dangerous poison” of depicting Britain as a sort of dictatorship, it would be unwise to take [...]

What just happened?

Ping pong ends after record breaking 6 bats, On Wednesday the Identity Cards Bill was passed by parliament. The endgame began on Monday the House of Lords voted by 219 to 191 to amend the ID cards bill and duly sent it back to the Commons for a 5th time. At issue was the nature [...]

principle of availability

Great! Once we have ID cards, we can use them to travel anywhere in EU. Unfortunately, pretty soon all of our personal data on the ID database could also travel anywhere in the EU, it seems.
From Statewatch News Online, 30 March 2006 (07/06)
Full contents see: http://www.statewatch.org

5. EU: G5 Group on [...]

Regulatory Reform Bill.

Sir – Philip Johnston and your leader (March 13) are right to attack the Legislative and Regulatory Reform Bill.
It is put forward by the Government as a means of amending legislation, including deregulating the burdens on business. However, if enacted in its present form it would not enable Parliament to repeal or amend EU legislation, [...]

Charter with no Legal Basis

Sir – Daniel Hannan’s article (“So, you thought the European constitution was dead, did you?”, Opinion, March 20) was courageous and penetrating.
Written answers in the Lords reveal how the EU is taking forward the Fundamental Rights Agency in Vienna, which will execute its all-embracing charter.
This is the initiative that the former Europe minister Keith Vaz [...]

The Governments Catch 22

The Law is the Law, In response to Council Watcher (Letters, Feb 3), on February 18, 2002, Lord Justice Laws made an unequivocal statement in his High Court verdict denying the Metric Martyrs appeal against conviction that (in the “new legal era” in which we now live) Constitutional Acts, including the Bill [...]

The Job of the Police

The Job of the Police
In 1993, the white paper on police reform, issued by the then Conservative
government, stated, in entirely unequivocal terms, that “the main job of the police
is to catch criminals”.
In contrast, the overarching purpose of the police service, issued by the incoming
Labour government in 1997, was: “to build a safe, just and tolerant [...]

A Pandoras Box of Fixed Penalties

This is from the web site of Ashley Mote, A Pandoras Box of Fixed Penalties Not for the first time this column is raising an issue of importance that has hardly been mentioned in the national media. In a nutshell it is this: Every fixed penalty levied on us without due [...]

Police Regionalisation Plans Rejected

Police bodies reject Welsh merger
Published: 2006/02/23 15:56:56 GMT
All four police authorities in Wales have now rejected plans to merge with the three other forces.
Gwent Police Authority became the latest on Thursday when after a special meeting it said it did not have the information to make a decision.
Home Secretary Charles Clarke [...]

judges, politics and human rights

From the Times
Interpreting laws on terror: judges, politics and human rights
From Lord Donaldson of Lymington
Sir, You warn judges against over-interpretation of the law and retreating into the ivory tower of self-indulgence whilst leaving the public exposed to terrorism (leading article, August 12; see also letters, August 15). I appreciate that one interpretation can be right [...]

Legal Call to Annul Luxembourg referendum

EUobserver.com: “Lawyer files case to annul Luxembourg referendum
17.08.2005 – 09:28 CET | By Lisbeth Kirk
A lawyer in Luxembourg on Tuesday (16 August) filed a lawsuit to get his country`s approval of the EU constitution annulled.
A majority (56.52%) in Luxembourg voted yes to the European constitution in a referendum on 10 July, 43.48 percent voted against.
The [...]

Delusional Dennis

Denis MacShane`s is utterances bear no relationship to the truth, his whole argument is based on the false hypothesis that the States governments are in control of the EU, everything he addresses is slanted from that one delusion. To shore up his delusion he must ignore anything that conflicts with his fantasy.
In his letter to [...]

European Divorce and Inheritance Laws?

Tim Worstall: European Divorce and Inheritance Laws?It`s not so much the proposal for them that worries me, not even the problem of whose very different laws that would get to be the harmonised code, no,  the failure in the reporting on this idea of pan-European divorce and inheritance laws: