Law and Rights
Law and Lawyers covered the MP's expenses case here. The trial judge, Saunders J, has ruled that no bar to a trial before judge and jury can be based on parliamentary privilege. Saunders J is reported as having said that there was no logical, practical or moral justification for them using parliamentary privilege to prevent a trial and he added that there was no legal basis either. "Unless this decision is reversed on appeal, it clears the way for what most people accused of criminal behaviour would wish for: a fair trial before an impartial jury." This is actually an interesting legal issue. Parliamentary Privilege belongs to parliament and not to individual members. Privilege exists essentially to ensure that members have freedom in debate to speak their minds. Even if the defence had not raised this point, the trial judge would have had to consider it so as to be sure that the matter was not covered by privilege. The fact that the point has been argued is by no means an indicator of guilt. See BBC 11th June 2010.
Addendum: 25th June - The Law Society Gazette (24th June) published an article by Joshua Rozenberg which is definitely worth reading on this topic.
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- Mps Expenses Case - Court Of Appeal Ruling
The Court of Appeal (Lord Judge LCJ, Lord Neuberger MR and Sir Anthony May) has ruled that those facing trial over allegations of false accounting in connection with Parliamentary Expenses are liable to be tried in the ordinary criminal courts. ...
- Does The Bill Of Rights 1689 Offer A Defence To Mps?
Three members of the House of Commons and one peer attended City of Westminster Magistrates' Court on Thursday 11th March 2010 - see The Times 12th March. They face various charges under the Theft Act 1968 s.17 (False Accounting). In court...
- Parliamentary Privilege And The Expenses Claims
In the post Money, Money, Money (below) the possibility of using parliamentary privilege as a defence to charges under the Theft Act 1968 s.17 was mentioned. [The CPS had referred to that possibility in their press release]. The concern is...
Law and Rights
MPs expenses case: judicial ruling favours trial before impartial jury
Addendum: 25th June - The Law Society Gazette (24th June) published an article by Joshua Rozenberg which is definitely worth reading on this topic.
- We Underrate Juries .... At Our Peril !
Saunders JThis morning, Mr Justice Saunders was faced with an application to discharge the jury in the "phone-hacking" trial. On Tuesday 24th June, the jury returned certain guilty verdicts against Mr Andy Coulson but there were other charges yet...
- Parliamentary Expenses And Privilege: Supreme Court Hearing Expected
An appeal by the three former MPs charged with offences relating to parliamentary expenses is likely to be heard by the Supreme Court. It appears that the point of law to be determined is - "Does the crown court have the jurisdiction to try an MP...
- Mps Expenses Case - Court Of Appeal Ruling
The Court of Appeal (Lord Judge LCJ, Lord Neuberger MR and Sir Anthony May) has ruled that those facing trial over allegations of false accounting in connection with Parliamentary Expenses are liable to be tried in the ordinary criminal courts. ...
- Does The Bill Of Rights 1689 Offer A Defence To Mps?
Three members of the House of Commons and one peer attended City of Westminster Magistrates' Court on Thursday 11th March 2010 - see The Times 12th March. They face various charges under the Theft Act 1968 s.17 (False Accounting). In court...
- Parliamentary Privilege And The Expenses Claims
In the post Money, Money, Money (below) the possibility of using parliamentary privilege as a defence to charges under the Theft Act 1968 s.17 was mentioned. [The CPS had referred to that possibility in their press release]. The concern is...