Topic: Ignorance of the law

[labrat]

CLx ;)
PS: And Labrat's quite right, ignorance of the law is no defence to breaking it.

Actually I wasn't making that point. The quote was from someone else.

I think there is a case to some degree when not only are judges ignorant of some laws (loads of cases of mistrials and acquittals because of mistakes made by judges) but the police as well. I'd go as far to say that some of the ignorance displayed by police officers actually qualifies as wilful misrepresentation of the law. There is a thread on here about someone's conversation with a policeman regarding among other things TV licensing where the policeman is wholly ignorant about the law or is wilfully misrepresenting the law to intimidate the citizen in question.

Regardless of intent the best way to pursue justice and enforce the law is to keep it simple. In that way it helps the authorities and helps the public understand. What is daft is that you get the highway code book when you learn to drive but you don't get a book about all the laws of the land. Most of us probably break the law on a daily basis because there are so many laws and so many restrictions that the majority of the public are unaware of.

[CotswoldLass]

Err...let's be clear on facts. The CPS prosecute, not the police. And I can't agree with your sweeping claim that judges are 'ignorant' of the law.  That ignorance of the law is no defence to breaking it is a fact, not an opinion.

Ho hum, I'm going back to gardening. Cheers all!
CLx

[labrat]

Err...let's be clear on facts. The CPS prosecute, not the police. And I can't agree with your sweeping claim that judges are 'ignorant' of the law.  That ignorance of the law is no defence to breaking it is a fact, not an opinion.

Ho hum, I'm going back to gardening. Cheers all!
CLx

I refer you back to my original post where the Chief Justice himself has problems with the plethora of laws that abound. And he is speaking for the judiciary.

I also have to take you up on your 'sweeping' and mistaken assertion that I said all judges are ignorant of the law. I didn't. I said they are ignorant of some laws. It should go without saying that no judge is familiar with the entire legal code. Otherwise they'd all be superhuman. But as the Chief Justice says, judges are having particular difficulty handling the huge amounts of new legislation.

As for your CPS (irrelevant) comment you appear to be content that the police can put mostly law abiding citizens under pressure and fear of the law under false circumstances due to police ignorance. You don't have to go anywhere near the CPS or a court for people to feel so mistreated by the police that they suffer health problems including several reported deaths. And as many of these newer laws allow the police to exact on-the-spot fines many people will never see a solicitor or a judge regardless of their right to appeal (as again the Chief Justice has complained about the dilution of judicial power to the police).