At risk of appearing to be the "Fisherman Defence Fund", I have to point out that there is an inconsistency in:
Quote:
fisherman wrote:
Thats similar the words I have to use on occasion.
The last one was to someone "defending" his speeding charge with the totally fictitious defence put forward by Pepipoo of demanding to have a copy of PACE brought along to the site of the offence so that you can read it. The police always refuse, because there is no such right and as far as I know there never has been.
To which Wayneo replied:
You state with certainty and authority that this chap "posed a totally fictious defence put forward by pepipoo, of demanding to have a copy of PACE brought along to the site", then you state "as far as I know there is no such right" which highlights that you are unsure and therefore triggers the element of doubt.
Fisherman did not state "as far as I know there is no such right" - what was actually stated was :
Quote:
there is no such right and as far as I know there never has been.
Fisherman is quite clear that there is no such right in law now - the only "uncertainty" in the comment is whether or not there has ever been.
PACE came in during the mid 1980s (the Act is 1984 and came into force in 1986 IIRC) and like any other law there have been cases decided in the higher Courts which have developed and modified its application, and there are a series of Codes of Practice which have also been amended over the years, so it's quite possible that there
might have been a period where this "right" was held to exist - although I too am not aware that it ever has been.
The Pepipoo suggestion is just plain wrong!
You are absolutely right, thanks for pointing it out to me, moral of the story is don't post half-way through a nightshift. Fisherman, I owe you an apology on the rare occasion that in this case I am wrong
I hope you will accept that apology.
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I hope you will accept that apology.