From: "John Hurst", [EMAIL PROTECTED]
>The appeals process in Northern Ireland is illegal because Article 6
>requires an _independent_ determination as to the actions of the police,
>and obviously the Secretary of State is not independent. The
>general interpretation of the Article is that all appeals must
>be heard by the judiciary. In Northern Ireland many types of
>appeal are not, and thus would be illegal under Article 6.
Steve,
I see. Thank you. I would argue that it is for a jury to decide,
not a Judge. Chapter 29 of Magna Carta applies;
"No free man shall be seized or imprisoned, or stripped of his rights or
possessions, or outlawed or exiled, or deprived of his standing in any other
way, nor will we proceed with force against him, or send others to do so,
except by the lawful judgement of his equals or by the law of the land.".
In other words a person cannot be deprived of his common law RKBA by a
Judge. The phrase "or by the law of the land" refers to the Royal
Prerogative to arrest and detain pending trial.
Regards, John Hurst.
--
But you are not being deprived of anything (depending on your
interpretation) if you apply for an FAC and get turned down.
I don't know, all I can say for sure is that the Lord Chancellor
agrees with me so I suspect the new Firearms (Northern Ireland)
Order this autumn will have a substantially different appeals
process in it.
Steve.
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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