From: "E.J. Totty", [EMAIL PROTECTED]
[...]
I just wish I could have seen the look on
Charles Clarke's face when the Crown Court in
Birmingham handed down the judgement that speed
camera offences violate the right to remain silent.
[...]
Was that court judgement the final word,
or is there still another review and appeal?
Here in my own state of Washington, traffic
cameras are not allowed as evidence for the sole purpose
of issuing a traffic citation, but can otherwise be entered
into court record as evidence. To be cited for a traffic
infraction (usually called a moving violation), the officer
issuing the citation (or his partner, if working traffic in
a team) must have visually witnessed the infraction, or
unless the officer is at the scene of an accident and issues
as a result of a finding.
That one of your courts has disallowed such
video evidence in the way of prosecution, I would not
find too much comfort in.
That a 'lawbreaker' was allowed to skip is
perhaps a celebratory thing in the consideration of all
other things traffic. I would however consider the 'fuller'
implications if in the same vein, a violent felon is allowed
to skip using the traffic camera precedent.
Else, what is the difference between a camera and
an eye witness (neglecting to address the implications of
tampered evidence)?
And before there is any such challenge in the way
of firearms, may I express the necessity to establish other
supporting structures in the law, that will serve to bolster
your positions when you decide to act in that regard, not
unlike paving the way, as it were.
A good cake deserves the right amount of baking!
ET
--
There are all sorts of appeals they can make but I don't
think it would be wise politically because the Government
would in essence be attacking the Human Rights Act, an
Act they pushed through Parliament. Also I think they would
have a very hard time overturning that decision so it would
be unwise legally, because the last thing they want is the
High Court or the House of Lords agreeing as then it really
will be chiselled in stone.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
___________________________________________________________
T O P I C A The Email You Want. http://www.topica.com/t/16
Newsletters, Tips and Discussions on Your Favorite Topics
