From the Independent
"
MPs have voted against including the
European Charter of Fundamental Rights in UK law after Brexit.
A Labour amendment, tabled in the name of
Jeremy Corbyn, sought to retain the provisions in the Charter but was voted down by 317 votes to 299.
The EU Withdrawal Bill, which is currently in its report stage in the House of Commons, will transfer all existing EU law into UK law when Britain leaves the EU in March 2019.
Can someone explain why they want to do this?
Realistic Answers only please.
Yes. It was David Cameron who started this process and Labour made no attempt to oppose it. The reason for these is simple.
Since 1994 we've passed some criminal justice laws that breach our own prior laws, including the Human Rights Law and the Geneva convention, both applicable in the UK.
The third of these unlawful laws was the 2003 Sex Offences Act, passed into force by Labour.
Since the EU has freedom of travel, all member countries keep an eye on each other's new laws since their own citizens are affected if in another EU country. After they'd examined the Sex Offences Act 2003, Germany, France and Italy all protested that law was illegal since it breached both UK and EU law.
That created a problem since those countries and the many other EU countries agreeing would not support an arrest or extraction of one of their citizens under that act. But our government did not want to rewrite that very complex act and in any case wanted to keep it's illegal and unfair nature, so Cameron's solution was to get rid of the Human Rights Act and replace it with his own Bill of Rights which would no doubt permit the abuse of process to continue.
That is where we are at, the Tories wanting to continue that abuse and Labour having supported it, only Corbyn as ever now showing any degree of decency.
MPs feel safe in continuing this abuse of process since they know how much the public hate any sexual abuse and so are unlikely to protest or be bothered whether that law is unfair or not. But what the public are unaware of is that law ropes in entirely innocent people, and changes in the way such trials are conducted mean the trials themselves deny justice by subverting prior practice. What I mean by that is that anyone charged with a sexual offence is regarded as guilty unless subsequently proved innocent. Police, lawyers and even judges refer to accusers as victims prior to trial or judgement, showing a belief in a defendant's guilt. Of course in law they should be considered innocent until proven guilty and accusers should be refered to as Complainants until the defendant is proven to be guilty.
At this stage you might be one of those who feel, who cares, lock 'em up, so let me give you a sample from that law:
If an adult, even a parent, in a non-sexual touch (those words in the act) places a hand on a child, regardless of them being fully dressed, such as touching a shoulder or guiding though a door, an offence is committed. The guideline sentence for that offence is six months imprisonment. If there is considered to be any aggravating circumstance that rises to one year. If the touch is shown to be innocent, the minimum sentence is 28 days imprisonment.
There is a further breach of prior law in the act. You will no doubt be aware that the age of homosexual consent is 16 years, aligned in law with that for heterosexuals since January 2001. However the Sex Offences Act 2003 has a provision raising that to 17 years for either, in breach of prior law.
The purpose of these changes in the 2003 act was to convict every abuser, but in doing that it means many innocent people have been convicted. One former Home Office minister was even heard to say, "I don't care how many innocent people end up in prison, just so long as not one abuser remains on the streets". So much for the old adage, "Better that twelve guilty men go free than one innocent person be convicted".
Now even the Home Office which has a vested interest in saying the system they run is sound, admits that there are an estimated 3000 innocent people in prison. That's 4%, one in 25, and independent bodies feel the true figure is very much higher.
A number of our more decent lawyers have vigorously protested about these abuses but government remains unmoved.
This isn't the only recent abusive law, the others concerning legal process for all cases but I've picked on it since it is by far the worst.
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