Monday, February 13, 2006

Bill of Rights 1689 and Decriminalised Parking Fines

House of Commons Speaker
On 21 July 1993,
the Speaker of the House of Commons issued the following statement:
"There has of course been no amendment to the Bill of Rights … the House is entitled to expect that the Bill of Rights will be fully respected by all those appearing before the courts"
(Hansard, 21 July 1993 column 352).

Let this serve as a reminder to those who try to infer that this is an old, out of date document. And a reminder of the wording of one section:
'that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.'

And as Lord Justice Laws stated in the Supreme Court of Judicature 0n 18th February 2002 in handing down the Metric Martyrs Judgment, that some Acts are constitutional and therefore can only be repealed with 'express words.'

As the 1991 Road Traffic Act makes no express reference to the Bill of Rights it is difficult how any court can allow fines BEFORE conviction ... unless the Metric Martyrs Judgment is wrong.

1 comment:

Bill said...

I was clamped by Westminster Council for parking in a residents bay in the middle of the night. My mistake was not checking that the time restrictions applying to the bay did not stop at 6.30pm as is usual in most areas in central London.
An appeal has been submitted to the Parking Appeals Service and my case is set to be heard in July. Do you think that I could use the Bill of Rights argument to support the appeal?
Many thanks.

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