Now that I am retired having been many years a magistrate with a long awareness of the declining freedoms enjoyed by the ordinary citizen and a corresponding fear of the big brother state`s ever increasing encroachment on civil liberties I hope that my personal observations within these general parameters will be of interest to those with an open mind. Having been blogging with this title for many years against the rules of the Ministry of Justice my new found freedom should allow me to be less inhibited in these observations.




Comments are usually moderated. However, I do not accept any legal responsibility for the content of any comment. If any comment seems submitted just to advertise a website it will not be published.

Friday, 24 February 2017

LOBBYIST "BRAKE", SINGLE ISSUES & A WOLF

I suppose single issue lobbyists or groups have a purpose like anti noise campaigners or ban the bomb activists. Their use of hyperbole and doom mongering occasionally leads to a modicum of sensible reaction and the dismissal of much of the bloated misleading baggage surrounding the core argument.  "Brake" is such an organisation.  The Portsmouth News report of a local lawyer`s comments on the exceptional circumstances whereby a court can allow a driver who has accumulated 12 penalty points on his/her license within three years can argue that a ban would be inappropriate in the particular personal circumstances has brought forward a comment from the aforesaid Brake that "the news was shocking".  Whilst I am of the opinion that too many of my former colleagues lowered the bar too far too often in allowing the argument of exceptional circumstances to succeed  Brake devalues its protests when eg it argues that inter alia

"Causing death by dangerous driving – the maximum penalty is 14 years imprisonment (section 1) Vehicular manslaughter in the UK is very rarely the basis of prosecution, yet the impact of death by dangerous driving and vehicular manslaughter is the same for the family or friends of the deceased. Although a life-long driving ban would be welcomed, a more severe custodial sentence would in many cases be more appropriate than 14 years."

Perhaps this lobbyist like others in various sectors is aiming high in order to achieve that modicum of success.  If so that approach  risks the application of the law of diminishing returns. Perhaps  the single issue  boy who cried wolf once too often was also named Brake. Aesop doesn`t tell us.  

Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371
Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371
Road safety charity Brake said the news was shocking

Read more at: http://www.portsmouth.co.uk/news/crime/drivers-still-on-the-roads-with-12-points-1-7836371

1 comment:

  1. No consideration of mens rea, of course: that would be sexist.

    Brake cracks me up. They repeatedly bang on about the merits of horseback despite it being far and away the most dangerous form of travel.

    Facts versus ponies, it was never going to be an equal battle.

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