Is This True?

[Simon Brooke]

in message <[email protected]>, David Hansen
('[email protected]') wrote:

> On Sun, 17 Oct 2004 19:35:02 GMT someone who may be Simon Brooke
> <[email protected]> wrote this:-
>
>>>>Your proposal raises some serious issues on human rights. In UK law
>>>>the right not to incriminate oneself rests in the concept of
>>>>Privilege and Article 6 of the European Convention on Human Rights,
>>>
>>> This has already been tested in the courts. The person claiming this
>>> lost.
>>
>>In which country? This is a UK group, not a scots or english/welsh or
>>northern irish one.
>
> It may well have been Scotland. However the ECHR applies everywhere.

Yes, but a decision in the Scottish courts does not provide precedent in
the English, and vice versa.

--
[email protected] (Simon Brooke) http://www.jasmine.org.uk/~simon/

There are no messages. The above is just a random stream of
bytes. Any opinion or meaning you find in it is your own creation.

 

[Jon Senior]

Simon Brooke [email protected] opined the following...
> Yes, but a decision in the Scottish courts does not provide precedent in
> the English, and vice versa.

It's OK. The ECHR is only optional and no government is obliged to
support it. At least... that's the official excuse for opting out of
swathes of it in order to hold various "known terrorists" indefinately
without trial.

Jon

 

[James Annan]

Helen Deborah Vecht wrote:

> There's a report in my local paper about a cyclist injured in a
> collision with a car a few weeks ago.
> Bike written off and leg injuries to cyclist.
>
> Police have now traced driver 'but cannot take thing further without
> witnesses'.
>
> While I am sure corroboration is helpful, does the absence of a witness
> mean nowt will be done?

It's just the usual ******** to excuse them from doing any sort of
investigation. It's not as if they need an independent witness to
proceed in the case of any other asssault or offence, although of course
a witness would generally help.

James
--
If I have seen further than others, it is
by treading on the toes of giants.
http://www.ne.jp/asahi/julesandjames/home/

 

[James Annan]

Tony Raven wrote:


> Your proposal raises some serious issues on human rights. In UK law the
> right not to incriminate oneself rests in the concept of Privilege and
> Article 6 of the European Convention on Human Rights, in the US in the
> Fifth Amendment. While it may seem satisfying to sweep it aside you
> tinker with it at your peril. The days of extracting confessions from
> the defendant under duress are thankfully these days mainly behind us.

Except when it isn't, eg many other motoring offences where there is
evidence as to the offence taking place but often no direct proof of the
offender's identity.

James
--
If I have seen further than others, it is
by treading on the toes of giants.
http://www.ne.jp/asahi/julesandjames/home/