Much has been said and written over the past few days and weeks about the laws in this country and, more specifically, the laws not being fit for purpose. If you are reading this article in the hope that it will allay all such fears and restore your faith in the law makers who claim to have the interests of the ‘law abiding’ majority as their premier concern, then I am afraid you are going to be very disappointed.This week, which saw the TV presenter and model Myleene Klass warned by the Police for chasing off intruders with a knife, is a prime example. Ms Klass was very diplomatic in her thanks to the Police for their support, but was apparently quite mystified as to why she was warned as to her conduct.
As are we all Myleene!!
Regrettably, this is only the latest in a long history of the anomalies of the law and Police powers and procedures which have been diluted by this and previous governments.
Police Forces across the country are struck rigid by the fear of litigation by criminals, should they run to their solicitor claiming to have been wronged whilst in custody.
In years gone by laws were written to protect the public and expose criminals, unfortunately the opposite is now so obviously true.
What follows in just one stunning example of how a once robust piece of legislation has been diluted to the point of now being little more than useless.
Consider this scenario:
YOU, are a drug dealer, your product of choice is heroin, a Class ‘A’ controlled drug responsible for hundreds if not thousands of deaths across the country each year. You deal your commodity of death from your home. This is known to the police, as is the information that when a raid takes place you secrete the drugs in a bodily orifice.
(This practice is a standard operating procedure for drug dealers and is known as ‘Plugging’ for obvious reasons.)
The door of your address comes flying off the hinges and in come the police.., it’s a raid, fortunately you have had sufficient time to ‘Plug’ your heroin, enough quantity for a supply charge and enough to land you, with your undoubted previous convictions for supplying Class ‘A’ drugs, a number of years in one of Her Majesty’s Prisons.
The Police, in the knowledge that you have the drugs hidden on you, take you away for an intimate search, this means any Police Inspector can authorise a Doctor to examine you at a hospital or surgery and recover the drugs, Straight to Jail .. do not pass Go!!
Well prior to the mid 2000’s, the Police and Criminal Evidence (PACE) Act allowed the police to do this. The Act has unbelievably been amended so that the suspected drug dealer now has to consent in writing before the police can search and recover the drugs!!
The above scenario has now changed; you are taken to the police station where the police want to arrange an intimate search. Now however the Police Inspector will not approach you and tell you that a search is to be carried out. He will approach you, (bear in mind you still have your drugs inside you,) and ask nicely if you would mind if he were to get a doctor to examine you with a view too recovering the drugs which are going to send you to prison for years. The inspector will also ask you to sign the custody record that you don’t mind.
What drug dealer in his or her right mind is going to consent to that???
The amendment to the Act suggests that any refusal may be negatively inferred upon by the court during any subsequent court case. Well there’s a problem here too, the police have been rendered powerless to recover the drugs, with no drugs recovered there will be no court case!
Drug dealers across the country are walking out of police stations every day still in possession of the drugs with which they walked in with. Obviously they are then able to continue to supply them. Possibly coming to a school near you!
Don’t blame the police. Blame the lawyers, the politicians, and the people who write and amend our laws.
No doubt the law-makers will quote the Human Rights Act as to the reason for the amendment, who’s human Rights are we protecting here?
Certainly not the public or the families of those who will be the next victim of the heroin or other drug that the dealer who has just walked free from a police station has dealt to them.
Decent people who do not break laws will never need to quote the Human Rights Act. The Human Rights Act, in this country, protects only one group of people, the Criminals.