PeterJM
Given the DPP's decision to prosecute some of the MPs' in the expenses debacle for Fraud and the News that the Defendants are going to rely on the Ancient Bill of Rights from 1689 to defeat the charges brought against them under the Theft Act; how would the forfeiture of cash under part 5 of POCA stand up to a challenge under this ancient legislation? Such forfeiture without conviction is forbidden by the 1689 Bill of Rights. As I understand the status of that ancient Act; it is a creature of constitutional law and cannot be overridden by Statute law and is therefore still good law!
http://www.constitution.org/eng/eng_bor.htm
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:
1) That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
2) That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
3) That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
4) That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
5) That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
6) That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
7) That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
8) That election of members of Parliament ought to be free;
9) That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
10) That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
11) That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;
12) That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
13) And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
Peter
http://www.constitution.org/eng/eng_bor.htm
And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:
1) That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;
2) That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;
3) That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
4) That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;
5) That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
6) That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
7) That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;
8) That election of members of Parliament ought to be free;
9) That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;
10) That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;
11) That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;
12) That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;
13) And that for redress of all grievances, and for the amending, strengthening and preserving of the laws, Parliaments ought to be held frequently.
Peter