Without a conviction in a properly convened court, any fine or forfeiture issued prior to conviction is illegal and void Q1. Does this apply to ALL fines within the UK where there has been no conviction of particular persons?
On 21 July 1993, the Speaker of The House of Commons issued a reminder to the courts. Betty Boothroyd said: "There has of course been no amendment to The Bill of Rights . . . the House is entitled to expect that The Bill of Rights will be fully respected by all those appearing before the courts." There is a provision in the Bill of Rights Act 1689 which states:
"That all grants and promises of fines and forfeitures of a particular person before conviction are illegal and void." This states that a convic tion is necessary before a fine or forfeit can be imposed. As you will be aware, the Bill of Rights is a "constitutional statue" and may not be repealed impliedly. This was stated in the case Thoburn v City of Sunderland, the decision commonly referred to as the "Metric Martyrs" Judgment.
This was handed down in the Divisional Court (18 February 2002) by Lord Justice Laws and Mr Justice Crane (I will paraphrase, but have included a copy of the judgment's relevant sections 62 and 63). 62. "We should recog nise a hierarchy of Acts of Parliament: as it were "ordinary" statutes and "constitutional statutes." The special status of constitutional statutes follows the special status of constitutional rights. Examples are the . . . Bill of Rights 1689 . . ." 63. "Ordinary statutes may be impliedly repealed. Constitutional statutes may not . . ." This was upheld by Lords Bingham, Scott and Steyn in an appeal which went to the House of Lords on Monday 15 July 2002.
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