Law and Rights
The Daily Mail (30th March 2010) has a report of the first Crown Court hearing in the "expenses" case against 3 M.P.s and one Member of the House of Lords. An array of massive legal talent is being assembled both for the Crown (Lord Pannick QC, Peter Wright QC and two other barristers) and also for the defence. It is reported that Edward Fitzgerald QC is representing two of the M.P.s and a further QC will be briefed to represent the third whilst Lord Hanningfield is being represented by Alun Jones QC. The Daily Mail reports that the costs will run into "many millions". Just who is paying is not clear and why so many "leaders" and "juniors" are required is also unclear. The meaning of the Bill of Rights 1689 Article 9 is an important constitutional matter but does it really require three days of legal argument?
Please also see the earlier post on this blog. Interestingly, the trial judge's ruling would apply during the trial but a legally binding precedent will require a decision of the appellate courts.
Point of historical interest: Until the Criminal Justice Act 1948, a member of the House of Lords was entitled to be tried by the House of Lords. The origin of that right appears to have been Magna Carta Clause 39 which stated - "No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed--nor will we go upon or send upon him--save by the lawful judgment of his peers or by the law of the land". The last time this right was exercised was at the trial of the 26th Baron de Clifford in 1935.
For the serious student: See Research brief and First Report on Parliamentary Privilege.
- Barons To Face Treason Trial ...!
On 31st July, Westminster Hall will be the venue for a mock Treason trial -Treason Trial date set for Magna Carta Barons A group of a dozen or so modern-day barons and bishops will help mark the 800th anniversary of the sealing of Magna Carta...
- A Tragic Case ....
Lord Taylor of Warwick has been sentenced to 12 months imprisonment in relation to fraudulent Parliamentary expenses claims - BBC 31st May 2011. Lord Taylor was convicted in January. He resigned the Conservative Party Whip at the time he was...
- A World Apart From Ordinary Justice: Almost A Parallel Universe
A media video is available of Mr Nigel Pleming QC arguing in the Supreme Court of the U.K. that the men, charged under the Theft Act 1968 s.17 in relation to expenses claims submitted when they were Members of Parliament, may...
- 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...
Law and Rights
The Parliamentary Four: The Expenses Case gets expensive
Please also see the earlier post on this blog. Interestingly, the trial judge's ruling would apply during the trial but a legally binding precedent will require a decision of the appellate courts.
Point of historical interest: Until the Criminal Justice Act 1948, a member of the House of Lords was entitled to be tried by the House of Lords. The origin of that right appears to have been Magna Carta Clause 39 which stated - "No freeman shall be taken, or imprisoned, or disseized, or outlawed, or exiled, or in any way harmed--nor will we go upon or send upon him--save by the lawful judgment of his peers or by the law of the land". The last time this right was exercised was at the trial of the 26th Baron de Clifford in 1935.
For the serious student: See Research brief and First Report on Parliamentary Privilege.
- Barons To Face Treason Trial ...!
On 31st July, Westminster Hall will be the venue for a mock Treason trial -Treason Trial date set for Magna Carta Barons A group of a dozen or so modern-day barons and bishops will help mark the 800th anniversary of the sealing of Magna Carta...
- A Tragic Case ....
Lord Taylor of Warwick has been sentenced to 12 months imprisonment in relation to fraudulent Parliamentary expenses claims - BBC 31st May 2011. Lord Taylor was convicted in January. He resigned the Conservative Party Whip at the time he was...
- A World Apart From Ordinary Justice: Almost A Parallel Universe
A media video is available of Mr Nigel Pleming QC arguing in the Supreme Court of the U.K. that the men, charged under the Theft Act 1968 s.17 in relation to expenses claims submitted when they were Members of Parliament, may...
- 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...