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Old 01-28-2003, 05:31 PM   #51
Charlie
Lord Ao
 

Join Date: March 3, 2001
Location: London, England
Age: 30
Posts: 2,023
Quote:
Originally posted by Barry the Sprout:
While we're on the subject of the British justice system did you know we have no right to silence? If you decide to say nothing in your defence then the judge has a duty to tell the jury, and the magistrates (EDIT by C. Butcher, Baker, Candlestick maker..... no study of law) have a duty to take into account, the fact that you said nothing. They are then legally bound to inform the jury, and bear in mind themselves, that it is most likely because you are guilty. If you remain silent then you will be presumed more likely to be guilty - that is legally and constitutionally part of the British justice system now.
I agree, this stinks like the foulest of eggs.
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Old 01-28-2003, 07:34 PM   #52
Lavindathar
Harper
 

Join Date: March 21, 2001
Location: Lancs, England
Age: 39
Posts: 4,729
He got tried at Crown Court, what do you expect when you are charged with having enough Heroin to sort out a coachful of addicts?
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Old 01-29-2003, 06:31 AM   #53
Barry the Sprout
White Dragon
 

Join Date: October 19, 2001
Location: York, UK.
Age: 41
Posts: 1,815
Quote:
Originally posted by Charlie:
You have to love your country son, you don't however have to love the laws of your country.

Peculiarly enough, with all its massive flaws, I believe English law to be the best in the world. I would rather be tried by the British Judicial system over that of any other nation.....But I guess I would.
Tell you what, I'll agree to love the people of this country, but I think I'll always hate a lot of the things that go with the whole "Britain" concept and idea. That sounds weird, but I hope you get what I mean...

As to being tried in England... good luck! The British Justice system is second only to Turkey in contraventions of the European Convention of Human Rights. In my opinion, for a huge number of reasons, the british justice system is screwed. But thats just me, a lot of people still have faith in it.

I know what you mean about the magistrates by the way - I did my work experience, all those years ago (well, five years ago anyway), in a magistrates court. For the most part they are just middle class retired men with nothing better to do with their time. Their knowledge of law is usually little to none, but that doesn't stop them judging everyone from drunks to burglars (in some cases). Ah well...

[ 01-29-2003, 06:32 AM: Message edited by: Barry the Sprout ]
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Old 01-31-2003, 10:33 PM   #54
Lavindathar
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Join Date: March 21, 2001
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Age: 39
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I did my work experiance in a Magistrates court, with a few Crown visits.

And Charlie, regarding that PM. I was bieng sarcastic and joking, I wasnt being offensive in anyway! Sorry for confusion!
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Old 02-01-2003, 03:13 AM   #55
Charlie
Lord Ao
 

Join Date: March 3, 2001
Location: London, England
Age: 30
Posts: 2,023
Quote:
Originally posted by Barry the Sprout:
[qb]

Tell you what, I'll agree to love the people of this country, but I think I'll always hate a lot of the things that go with the whole "Britain" concept and idea. That sounds weird, but I hope you get what I mean...
I do, very much so. I won't elaborate. My thoughts appear to mirror your own.

Quote:
As to being tried in England... good luck! The British Justice system is second only to Turkey in contraventions of the European Convention of Human Rights. In my opinion, for a huge number of reasons, the british justice system is screwed. But thats just me, a lot of people still have faith in it.
I don't know if you're confusing legal system with penal system. It is very true to say that barbaric, tortuous and completely illegal forms of punishment are still used in BRITISH max' sec' gaols today.....NO DOUBT

Quote:
I know what you mean about the magistrates by the way - I did my work experience, all those years ago (well, five years ago anyway), in a magistrates court. For the most part they are just middle class retired men with nothing better to do with their time. Their knowledge of law is usually little to none, but that doesn't stop them judging everyone from drunks to burglars (in some cases). Ah well..
Lav'....No worries my friend. [img]smile.gif[/img]

[ 02-01-2003, 03:16 AM: Message edited by: Charlie ]
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Old 02-01-2003, 05:34 AM   #56
Barry the Sprout
White Dragon
 

Join Date: October 19, 2001
Location: York, UK.
Age: 41
Posts: 1,815
Quote:
Originally posted by Charlie:
I don't know if you're confusing legal system with penal system. It is very true to say that barbaric, tortuous and completely illegal forms of punishment are still used in BRITISH max' sec' gaols today.....NO DOUBT
No, sadly I do mean the legal system. The whole lack of habeas corpus is not something the ECHR likes very much. Also most of the Northern Ireland terrorist legislation is a complete joke. Then theres the Home Secretary setting tariffs, which is questioned and found to be a breach of human rights every time it happens. And finally, theres the fact that we can't decide where to try children, and that almost always ends the legal system in trouble as well.

Just in general, Britain has an appalling record with the ECHR. But there are some who say the ECHR is too prescriptive, to the point of being inchoerent. For example it protects the freedom of the press, but then it also protects the freedom of individuals from the press. When Earl Spencer was trying to keep various newspapers out of his life both sides of the case were using the ECHR to try and defend their diametrically opposed positions. But as a rule, the concept of human rights will always be a hard one to pin down I think...
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Old 02-01-2003, 08:08 AM   #57
Charlie
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Join Date: March 3, 2001
Location: London, England
Age: 30
Posts: 2,023
Fair enough. I can't speak for terrorists or children. The ECHR or whatever it is doesn't come into play for armed robberies or other criminal cases committed in England. I never saw em in a court with me. [img]smile.gif[/img]

I'd still rather be tried under an English Beak than any other. [img]smile.gif[/img]
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Old 02-01-2003, 12:57 PM   #58
Yorick
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Join Date: January 7, 2001
Location: Breukelen (over the river from New Amsterdam)
Age: 52
Posts: 9,246
Quote:
Originally posted by Charlie:
Fair enough. I can't speak for terrorists or children. The ECHR or whatever it is doesn't come into play for armed robberies or other criminal cases committed in England. I never saw em in a court with me. [img]smile.gif[/img]

I'd still rather be tried under an English Beak than any other. [img]smile.gif[/img]
I'd rather be tried by any other beak than
1.Malaysian
2.Thai.
3.Saudi Arabian.

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Old 02-01-2003, 01:11 PM   #59
Charlie
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Join Date: March 3, 2001
Location: London, England
Age: 30
Posts: 2,023
I have to agree Yorick.
You know all is lost when you haven't even entered the courtroom and you hear the words .....
"bring in the guilty bastard".

By all accounts, once executed you have the right of appeal.

[ 02-01-2003, 01:13 PM: Message edited by: Charlie ]
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Old 02-02-2003, 01:26 AM   #60
The Hierophant
Thoth - Egyptian God of Wisdom
 

Join Date: May 10, 2002
Location: Dunedin, New Zealand.
Age: 42
Posts: 2,860
Quote:
Originally posted by Yorick:

I'd rather be tried by any other beak than
1.Malaysian
2.Thai.
3.Saudi Arabian.

Pffft, they're all soft as kittens. You just have to make 100% certain that you're born wealthy and influencial is all

[ 02-02-2003, 01:26 AM: Message edited by: The Hierophant ]
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