Open Justice

Clearly, the market is open for a party of liberty.

Light sentences and lax prison discipline are both expressions of the perfectly well-founded view that large numbers of those convicted, vastly in excess of the numbers that have always existed at any given time, are in fact innocent. We need to return to a free country’s minimum requirements for conviction, above all by reversing the erosion of the right to silence and of trial by jury, and by repealing the monstrous provisions for anonymous evidence and for conviction by majority verdict. And we need to return to proper policing. Then we could and should return to proper sentencing, and to proper regimes in prison, with no suggestion that prisoners should have the vote. But only then.

We need to return to preventative policing based on foot patrols, with budgetary sanctions against recalcitrant Chief Constables. We need police forces at least no larger than at present, and subject to local democratic accountability though police authorities composed predominantly of councillors, not by means of elected sheriffs, which, like directly elected mayors, have no place in a parliamentary rather than a presidential res publica, and are wholly incompatible with the defence, restoration and extension of the powers of jurors, magistrates and parliamentarians.

We need to restore the pre-1968 committal powers of the magistracy, restore the pre-1985 prosecution powers of the police, and restore the network of police stations and police houses placing the police at the very heart of their communities. We need each offence to carry a minimum sentence of one third of its maximum sentence, or of 15 years for life. And we need a single category of illegal drug, with a crackdown on the possession of drugs, including a mandatory sentence of three months for a second offence, six months for a third offence, one year for a fourth offence, and so on.

We need to abandon the existing erosion of trial by jury and of the right to silence, the existing reversals of the burden of proof, conviction by majority verdict (which, by definition, provides for conviction even where there is reasonable doubt), the admission of anonymous evidence other than from undercover police officers, conviction on anonymous evidence alone, both pre-trial convictions and pre-trial acquittals by the Crown Prosecution Service, the secrecy of the family courts, the anonymity of adult accusers in rape cases, identity cards or any thought of them, control orders or anything like them, police confiscation of assets without a conviction, stipendiary magistrates, Thatcher’s Police and Criminal Evidence Act, the Civil Contingencies Act, the Legislative and Regulatory Reform Act, and the Official Secrets Acts.

We need to raise the minimum age for jurors at least to 21. We need to extend to the rest of the United Kingdom the successful Scottish extension of the right to serve on a jury without compromising its restriction to those with a tangible stake in society. We need to repeal the provision for “no win, no fee” litigation, while at the same time protecting, restoring and extending Legal Aid. We need the current judicially imposed arrangement on privacy to be enacted into the Statute Law, but with the burden of proof in libel actions placed on the plaintiff.

We must insist on a return to the situation whereby a Bill which ran out of parliamentary time was lost at the end of that session. On the restoration of the power of a simple majority of the House of Commons to require a General Election, whether by rejecting a motion of confidence or by approving a motion of no confidence. On the restoration of the supremacy of British over EU law. On the requirement that EU law apply in the United Kingdom only once it has passed through both Houses of Parliament exactly as if it had originated in one or other of them. On the requirement of a resolution of the House of Commons before any ruling of the European Court of Justice, or of the European Court of Human Rights, or of the Supreme Court, or pursuant to the Human Rights Act, can have any effect in the United Kingdom. On the restoration of British overall control of our defence capability. On the removal of all foreign forces and weapons from British territory, territorial waters and airspace. On the repeal of one-sided extradition arrangements. And, especially now that Norman Baker is a Minister, on the coroner’s inquest that has mysteriously never been held into the death of Dr David Kelly.

There must be an extension to Scotland of the historic liberties, largely as set out above, which have never applied in that far more oligarchic country, where middle-class institutions and upper-middle-class power have been defined as the esse of national identity, a situation which has been made even worse by devolution’s weakening of the Labour Movement. While this might have been a factor contributing to the retention of more rigorous minimum qualifications for jurors in Scotland, criteria which should be applied nationwide as surely as should be the Scots Law requirement of corroboration of evidence, nevertheless it means that, while there is an automatic right to trial by jury for serious offences in Scotland, the decision on which way to proceed in an ‘each-way’ case lies with the prosecution rather than with the defence. The police have no power to caution, and they proceed entirely under the direction of the locally unaccountable Procurator Fiscal, who does not prosecute unless it is in the public interest to do so, which it is for the prosecution alone to decide and for which it does not have to give any explanation. It is extremely difficult to bring a private prosecution, far in excess of the necessary restrictions on that practice which rightly exist elsewhere. These profoundly illiberal arrangements must change.

And we need legislation with five simple clauses. First, the restoration of the supremacy of British over EU law, and its use to repatriate agricultural policy and to restore our historic fishing rights (200 miles, or to the median line) in accordance with international law. Secondly, the requirement that, in order to have any effect in the United Kingdom, all EU law pass through both Houses of Parliament as if it had originated in one or other of them. Thirdly, the requirement that British Ministers adopt the show-stopping Empty Chair Policy until such time as the Council of Ministers meets in public and publishes an Official Report akin to Hansard. Fourthly, the disapplication in the United Kingdom of any ruling of the European Court of Justice or of the European Court of Human Rights unless confirmed by a resolution of the House of Commons, the High Court of Parliament.

And fifthly, the disapplication in the United Kingdom of anything passed by the European Parliament but not by the majority of those MEPs certified as politically acceptable by one or more seat-taking members of the House of Commons. Thus, we would no longer subject to the legislative will of Stalinists and Trotskyists, neo-Fascists and neo-Nazis, members of Eastern Europe’s kleptomaniac nomenklatura, neoconservatives such as now run Germany and until lately ran France, people who believe the Provisional Army Council to be the sovereign body throughout Ireland, or Dutch ultra-Calvinists who will not have women candidates. Soon to be joined by Turkey’s Islamists, secular ultranationalists, and violent Kurdish Marxist separatists. Any provision for a referendum on EU membership must be only the sixth clause of what would therefore become this six-clause Bill, the other five clauses of which would come into effect anyway.

That would be a start, anyway.

Over to the Lib Dems? Hardly! They had been all ready to vote for yet further secret courts, as proposed by Ken Clarke, supposedly the last big beast of liberal Toryism, but in fact a man who was never out of the Thatcher Cabinet, being given responsibility for her flagship health and education policies by the Prime Minister who also signed the Single European Act.

Over to the Daily Mail, then? Up to a point. But you cannot vote for a newspaper.

Rather, Ed Miliband and Jon Cruddas, over to you. As much as anything else, what would the Daily Mail then say? If not “Vote Labour”, then why not? All that Blair managed was The Sun, always a floating voter. Bagging the Daily Mail would put Miliband in a different league altogether.