RobinXe wrote:
but this is exactly where the new specific legislation fails to differentiate, do you see?
No!

Tone wrote:
..we have specific laws for certain offenses to highlight them in order to draw the public’s attention to it. If you have some sort of law, let’s just call it ‘Naughty Offence’ or NO for short, which encompasses mob use, drink driving, dangerous driving, speeding etc. etc., then how are you going to capture the public’s imagination on a specific, (bad), offence?
dcbwhaley wrote:
Using Robin's argument you could do away with all statute law and replace it with the a single offence of "Bad behaviour" which encompassed every thing from Murder to Littering.
RobinXe wrote:
It's all very well to err on the side of caution, but there is no reason why this couldn't have been undertaken using the existing legislation, which would have given defendants an opportunity to defend themselves by showing their actions were not unsafe. This would also enable a legal baseline to be established by the courts.
The law is a blunt instrument which is a starting point to get it right. I like Steve's suggestion that the
offence* is too heavy for instance.
Tone wrote:
Are you saying you disagree with a specific offence having its own penalty because an umbrella term covers the lot and then maybe deter people from specific bad habits with an occasional advert on the TV? Aint gunna happen mate. Even the most graphic ads I’ve seen, (which are no worse than a kid watches on his Play Station these days), at best make people think for a moment and at worst are completely ignored. But a change in the law, or a new one, does!
Tone wrote:
If you create a law for a specific offence and attach a fine and points to it, people stand up and notice. I remember when people never used to pay much attention to illegal tyres back in the 70’s, trying to get the very most out of them as they could, until it carried a heavy penalty for each illegal tyre of three points and a fine.
malcolmw wrote:
...I conclude that he would say that everything is permissible providing it is done safely. It is only when it becomes unsafe that a sanction should be applied via the existing laws.
Does this mean that we should let people do dumb things until they hurt themselves or others or is preventive action permissible?
My point exactly Malcolm, but you said it better

Edit: Out of interest Robin, do you think it was wrong or inappropriate for a 'back bencher' like me to bring this up and fight my corner so fervently on the open forum?
*Edit: I meant
penalty.