stevei wrote:
Observer wrote:
Absolutely wrong. It's the job of the courts to interpret law in the context of the facts of each particular case. That's how murder beomes (or doesn't) justifiable homicide.
But haven't you just agreed with my point here? The fact that we have a concept of "justifiable homicide" is because our legislators have explicitly created our legislation to permit that judgement to be made.
Most British laws do not operate on a strict liability basis. The law sets out a description of an offence in general terms and it is left to the courts to decide whether the circumstances fit that particular offence. The law does not define precisely what is and is not illegal. For example, if you enter someone else's house and remove their property without asking their permission, there are plenty of circumstances under which it would not be classed as theft.
However, speed limits, red lights, and similar laws operate on the basis of "strict liability", i.e. if you have contravened the law (the provisions of which are clearly defined) then you have committed an offence regardless of the circumstances. But even with laws of this type the authorities exercise discretion about when it is appropriate to bring prosecutions, and there are exemptions which are defined in law - for example, it can be a valid defence to a drink-driving charge to demonstrate that you were responding to a medical emergency. (We have debated before whether strict liability laws are appropriate for motoring offences, which is a different issue)
The courts also have the power to give an offender an absolute discharge even if found guilty, which might have been appropriate in the case of the guy in Doncaster - althoug most people would say the case should not have been brought in the first place.
If you look into it you will find plenty of cases where prosecutions for speeding and similar offences have been withdrawn because the authorities decided they were unreasonable - one was reported on here recently about a guy taking his sick (or maybe pregnant) wife to hospital.
stevei wrote:
I wonder how many people would be in favour of the flip side of the argument here - if you think people should be allowed to exercise discretion and break the law for a higher purpose, surely we should also allow the police / courts the discretion to punish people for legal acts where a court decides that nonetheless they shouldn't have been doing whatever they were doing? For example, I would argue that if you drive a vehicle that does 4mpg, then although that is legal, it is morally despicable, and if you're going to allow people the discretion to drive through red lights when they think it appropriate you should also be in favour of a judge ordering the imprisonment of people who drive cars with inappropriately high fuel consumption. Or perhaps you only want the discretion to work one way, always in your favour.......
There are plenty of "catch-all" offences in law that can be used in a variety of circumstances that are not strictly defined, such as Threatening Behaviour, Causing a Breach of the Peace, and of course Careless and Dangerous Driving. The definitions of these adopted by the courts are likely to change over the years. But there does need to be a general presumption that a particular category of behaviour, broadly defined, should be considered illegal - you can't have the courts simply declaring specific acts illegal on a whim.
I suppose in theory you could have a general offence of "acting in an environmentally unfriendly manner", but in practice it would be a complete can of worms. Something like that (if desirable) would be much better dealt with by specific regulations covering vehicle characteristics.