The C word
May. 21st, 2008 11:51 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png){kind=small}
ciphergothTeenager faces prosecution for calling Scientology 'cult'
So next week I guess we can expect to see the banners amended to read "Scientology: it's a total c**t"
So next week I guess we can expect to see the banners amended to read "Scientology: it's a total c**t"
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Re: FYI: Section 5:
Date: 2008-05-21 01:26 pm (UTC)(I was with a good mate of mine a few years ago when he had a run-in with the rozzers on the same piece of law, and we did our homework after.)
I think the CPS will drop this like a hot brick if it ever gets as far as that, and if it ever got as far as court I'd be pretty confident that the beak or judge would be very much minded to conclude that the on-record views of another of their number are ipso facto reasonable.
But the awful thing is that poor sod will have a record of having been arrested - PNC, fingerprints, DNA, the whole caboodle - which will dog him for the rest of his life.
Re: FYI: Section 5:
Date: 2008-05-21 01:48 pm (UTC)I don't think he has been arrested, just had a summons (I understand that to be different, anyway). I hadn't thought about the fingerprints/DNA/Big Brother situation, to be honest - apart from that I thought the records were sealed on reaching majority due to his age (15)?
Re: FYI: Section 5:
Date: 2008-05-21 02:35 pm (UTC)I've never heard of records being sealed in UK law so I'm not sure what's involved, and my suspicion is it doesn't happen here. You certainly don't get a blank slate on turning 16 or 18 or whatever - the stuff goes down forever (unless you can get it expunged, which is possible but very difficult). If you're less than 10 you can't commit a criminal offence by definition (you're deemed to be too young to form the requisite intention) but after that it's only the punishments that are changed if you're under 18.
The fact that you've been arrested (or summonsed, or whatever) should not be disclosed in court until after the verdict is decided, but will be used as a factor in determining sentence. But that's true whatever age you are or were. Actual convictions become 'spent' (i.e. don't have to be disclosed in certain circumstances) under the Rehabilitation of Offenders Act much more more quickly if you were under 18 when you committed them.
But the whole growing 'database state' problem we have at the moment is the expansion of data retention and powers concerning stuff other than actual convictions. Like being summonsed for what pretty much any reasonable person would think was a trivial incident.
Ooh, I'm starting to rant, sorry.
Re: FYI: Section 5:
Date: 2008-05-21 02:52 pm (UTC)To be honest I don't know the law in the case of minors (either here or Australia) - My understanding is that it has a lot less of an impact for the future than if he was 18 or over.
The database state problem is a big worry, though. There's a damn good reason why (at this point in time) you will not find me actively supporting any political movement or protest... (She says, returning to study her "Journey to Citizenship" book in preparation for the test...)
As for ranting, I'm guilty of this! (I also posted on this this morning, hence why I'd looked at the Public Order Act...)
Re: FYI: Section 5:
Date: 2008-05-21 03:06 pm (UTC)(Does the new edition still tell you what to do if you spill someone's pint in a pub? I love that.)
Re: FYI: Section 5:
Date: 2008-05-21 03:19 pm (UTC)I just sat at my desk and looked... Nope. Doesn't mention rounds either. Well, not unless it's really well hidden...