Circumventing common law

Quick one in passing, via IPJ.

How Common Law is being undermined, using the legal system.

On the 29th April 1991 a meeting was held between Lord Fraser (the Lord Advocate), Lord Roger (the Solicitor General), Duncan Lowe (the Crown Agent), Alfred Vannet (the Deputy Crown Agent) and persons unknown, to discuss  a report written by Elish McPhilomy (now Dame Elish Angiolini), that sought to establish a rationale for, and the extent to which, the protections offered by Common Law could be circumvented, and statute law ignored.

3 comments for “Circumventing common law

  1. john in cheshire
    March 16, 2012 at 11:38 am

    Having read some of the details of this case on the IPJ website, they are so unutterably disgusting that I find it hard to believe that so many people in positions of power could commit such abhorrent acts and then conspire to not only ensure the accused are not prosecuted but that the victims and their families are then punished. There is something quite sick at the heart of Scottish justice. I just wonder how much of this is also happening here in England.

    • March 16, 2012 at 12:54 pm

      I think it mightn’t see the light of day here.

      • March 16, 2012 at 6:56 pm

        I think the light is already on it.

        The Memorandum of Understanding between the Association of Chief Police Officers ACPO and the Law Society is an interesting document because of the questions it raises, including:

        1. How is it possible for a private company, namely ACPO, to reach an agreement with the Law Society as to how cases of criminal conduct, malpractice and professional misconduct are investigated by the police?

        2.Why is it necessary to have separate rules to govern how the police should investigate crimes concerning solicitors?

        3.Since Common Purpose is active with both ACPO and the Law Society, how does the agreement deal with conflict of interests concerning members of both organisations and Common Purpose, and the secretive Chatham House Rules?

        Janet Paraskeva formerly CEO of the Law Society is also a senior Common Purpose ‘graduate’.

        and a similar document with the CPS
        specifically giving immunity to those ‘professionally involved’ under Section 46 Sexual Offences Act 2003.

        In fact, if you google ‘ACPO Memorandum of Understanding’ you will see just how many commercial contract MOU’s have been produced by ACPO.

        Common Law out of the window, replaced by contract law, overseen by a private limited company. That is not policing, certainly not British Policing using the Peelian principles.

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