This is encouraging news.
Home Secretaries all seem to yearn for greater power to clamp down on naughtiness among the lower orders, or even the merely eccentric, and I am pleased to see that the Lords had the steel to reject the latest wheeze yesterday. If merely annoying people were to get you in trouble with the law, there are many MPs who would need to watch their step.
And did you notice the sneaky way in which these ridiculous measures would be by way of a County Court Injunction, rather than a proper Order by a magistrates' or Crown Court. None of that Beyond Reasonable Doubt nonsense then.
Musings and Snippets from a recently retired JP. I served for 31 years, mostly in west London. I was Chairman of my Bench for some years, and a member of the National Bench Chairmen's Forum All cases are based on real ones, but anonymised and composited. All opinions are those of one or more individuals. JPs swear to enforce the law of the land, whether or not they approve of it. Nothing on here constitutes legal advice.
I agree with most of the comments on the piece that most of the elected members in Westminster are annoying, particularly the way they ignore their electors.
ReplyDeleteThat is indeed good news!
ReplyDeleteNow they just need to make it clear in law that one does not have the right not to be offended. (That is a bit of a clumsy sentence; what I mean is that it should not be a criminal offence to merely "offend" someone)
It should however be a criminal offence, Captain, to split an infinitive.
ReplyDeleteLucky then that we have an unelected second chamber and one that does not see itself merely as a rubber stamp to the elected house.
ReplyDeleteAn elected second chamber, elected on a different basis and for a different term would serve just as well to check a government rampage in the Commons. If you want an object lesson in how to prevent any business being transacted in a bicameral system you need only look as far as the US Congress.
DeleteWon't happen. The Commons would then have a legitimate, democratic opponent.
DeleteThose who make laws are obviously out of touch with the everyday world. Most ideas seem to be thought on the spur of the moment and executed with no planning or any regard whether it is practical or workable. Politicians need to get out more and listen to those who have to endure their actions.
ReplyDeleteIt was an utterly ridiculous piece of legislation. The fact that the Government introduced it, and that the commons passed it is outrageous. That kind of legislation has no place in a democratic society; and those who think it does are not fit to hold seats in Parliament. Genuine anti-social behavior is a real problem and is something that we absolutely must address. However, the re-classification of anti-social behavior to include even the most minor annoyances is a very real threat to our civil liberties. In particular the demonisation of young people to the point that every single group of teenagers must be out to cause trouble or an annoyance has created a very real problem within our society and created tension in the community where none need exist.
ReplyDeleteThe amendment may not survive when final legislative hurdles. The Home Secretary likes to get her way. Using the law of contempt of court (for breach of injunction) is a very problematic way forward but it looks like the good old Magistrates' Courts are out of flavour again.
ReplyDeleteThe idea of certain politicians advocating measures against those considered annoying puts one in mind of turkeys voting for an early Christmas.
ReplyDelete