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Topic History of: Another extremely worrying case
Max. showing the last 5 posts - (Last post first)
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In The Know |
Jim wrote:
Any chance you could fill us in on the details on that, ITK?
I was arrested - ludicrous allegation - and following an interview (and bail for a month) the police dropped everything and said there was not a shred of evidence to support the allegation.
When I requested the return of my DNA (taken at arrest) - they refused (trying to hide behind the European ruling, saying "we'll do whatever the government decides - WHEN they decide).
My MP took up the case (I was mentioed by name in the Commons on four occasions).
Meanwhile, with the help of LIBERTY, I got a very good firm of lawyers who put together a pre-action protocol (required prior to Judicial Review at the High Court) and informed the police that they were about to go to Court !
With four days of receiving the pre-action protocol the police changed their minds ("in order to save me the hassle of going to Court") and released my DNA confirming in writing that no copies had been retained.
The police clearly do not want to face a Judge and explain why they are clearing breaking European Court rulings (but will resist until / unless you press the matter). |
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Jim |
Any chance you could fill us in on the details on that, ITK?
I'm sure my friend David Mery would like to know.
www.guardian.co.uk/world/2005/sep/22/terrorism.july7
gizmonaut.net/
Best Wishes,
Jim |
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In The Know |
Jim wrote:
Take for example the DNA retention and stop and search laws (section 44). The ECHR has ruled, but we're still waiting for the British government to act, or did I miss something?
You are quite right, Jim - but the police are not "pushing" DNA retention any more and will give it back if pushed (ie threatened with a Judicial Review !)
Believe me - I know ! |
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Jim |
Thanks BR, you write:
"If a law is in direct confrontation with Article 6 of the Human Rights Act which we have signed up to - then it means that law should not be enforced because it is not a valid ( legal ) law."
I think if it's in conflict with the HRA someone should challenge it in the ECHR (European Court of Human Rights). It's the job of the courts to settle these conflicts, not the police. I believe the ECHR could requires a change in British law. Take for example the DNA retention and stop and search laws (section 44). The ECHR has ruled, but we're still waiting for the British government to act, or did I miss something?
Best Wishes,
Jim |
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BR |
Jim has hit the nail on the head. This law is wrong.
But the Police dont enforce ALL the laws on the statute books - there are loads of laws ( especially local laws ) which have been found to be wrong but never repealed - the Police dont enforce them
Therefore there is professional judgement for the Police and the courts. If a law is in direct confrontation with Article 6 of the Human Rights Act which we have signed up to - then it means that law should not be enforced because it is not a valid ( legal ) law.
Therefore this lads should not be in prison and probably will win compensation for false imprisonment if he gets a good legal team on to it.
Just think if you are in the Police you can kill a man - and yet never even be charged....... |
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