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Ernest Marsh
PostPosted: Thu Dec 06, 2007 16:10 
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On another forum I frequent, somebody made a good suggestion which I thought I should share here....
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Just a thought.
Why not lock up MPs suspected of corruption for 42 days so that the evidence can be gathered against them. You never know it might make them think twice about foisting the same thing on everyone else!


Are you happy 42 days is enough... some of the technical investigations into people's hard drives can take some time.... especially since the cutbacks reduced staffing levels!! :lol:

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R1Nut
PostPosted: Thu Dec 06, 2007 16:16 
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Ernest Marsh wrote:
On another forum I frequent, somebody made a good suggestion which I thought I should share here....
Quote:
Just a thought.
Why not lock up MPs suspected of corruption for 42 days so that the evidence can be gathered against them. You never know it might make them think twice about foisting the same thing on everyone else!


Are you happy 42 days is enough... some of the technical investigations into people's hard drives can take some time.... especially since the cutbacks reduced staffing levels!! :lol:


What cutbacks? With the growing spend on public services I'm sure there are enough staff walking around with their fingers up their noses to do the job.

BTW, the total would be 72 days as there is already a 30 day limit with the additional 42 being added on later :wink:

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anton
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PostPosted: Thu Dec 06, 2007 16:23 
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I think that is totally justifiable as misconduct in public office is such a serous crime that it has the maximum sentence of life in prison

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There must be a serious departure from proper standards before the offence is committed. Mere negligence is not enough. The conduct required must be so far below acceptable standards as to amount to an abuse of the public's trust in the office holder. A mistake, even a serious one will not suffice, nor will mere inadvertence. There must be reckless indifference in a subjective sense or proof that the defendant knew that he was acting unlawfully or to have wilfully disregarded the risk that his act was unlawful. There must be more than mere non-feasance, namely deliberate failure and wilful neglect.

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“It has never been the rule in this country – I hope it never will be - that suspected criminal offences must automatically be the subject of prosecution” He added that there should be a prosecution: “wherever it appears that the offence or the circumstances of its commission is or are of such a character that a prosecution in respect thereof is required in the public interest”
This approach has been endorsed by Attorney General ever since 1951. CPS Code
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botach
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PostPosted: Tue Dec 11, 2007 17:48 
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anton wrote:
I think that is totally justifiable as misconduct in public office is such a serous crime that it has the maximum sentence of life in prison

Quote:
There must be a serious departure from proper standards before the offence is committed. Mere negligence is not enough. The conduct required must be so far below acceptable standards as to amount to an abuse of the public's trust in the office holder. A mistake, even a serious one will not suffice, nor will mere inadvertence. There must be reckless indifference in a subjective sense or proof that the defendant knew that he was acting unlawfully or to have wilfully disregarded the risk that his act was unlawful. There must be more than mere non-feasance, namely deliberate failure and wilful neglect.


Take it that the incident in Birmingham with postal votes didn't rank on that scale ??( comment by the judge was that it was similar to that occuring in a third world country) :o

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