Playing with big fish

Neil Herron brings us this article from the Sunday Telegraph. It’s on the subject of the legality of issuing fixed penalty notices without first finding the recipient of the fine guilty in a court of law. Basically it seems that the practice is either illegal or the Metric Martyrs, found guilty of the offence of selling produce in pounds and ounces, were innocent:

The law making it a criminal offence to sell goods in pounds and ounces was issued under the European Communities Act 1972. But the Martyrs' defence was that this had been overridden by the Weights and Measures Act 1985, which authorised continued selling in non-metric measures. By ancient tradition, when one Act says something different from another, the later Act, by the principle of "implied repeal", takes precedence. But Laws ruled that, since the European Communities Act was a "constitutional statute", it could not be overridden by the 1985 Act, since this had not made the point explicit.

After conferring with the British Weights and Measures Association (BWMA) and Neil Herron of the Metric Martyrs Defence Fund, Mr de Crittenden concluded that, if Lord Justice Laws was right, the 1991 Road Traffic Act could not implicitly repeal the relevant clause of the Bill of Rights, because, as Laws stated, this was a "constitutional statute". Either the automatic penalty system was illegal; or Laws was wrong, in which case the Metric Martyrs should not have been found guilty.

The state, particularly this one, can get around pretty much anything it likes (otherwise it would vanish in a puff of logic) but this case seems particularly prickly.

Naturally the state can argue that it is nothing to do with them; it's down to the courts, but that is not the point. The point is that these laws are created by the state and the inconsistencies that have now become apparent apply pressure on the legal system to re-examine the validity of judgements and processes that might directly affect state law.

Even if you can’t land a big fish, playing the slimy bottom feeder on light rod and tackle can be immensely rewarding, and this particular two barbed hook must be just about as rewardingly uncomfortable as they get.

Posted by John at February 13, 2005 06:36 PM | TrackBack