What is a loophole?
And perhaps more to the point are there any genuine ones?
A genuine loophole has the following characteristics:
- it is possible by behaving in a certain way to legally avoid the law.
- it usually happens where two strands of law meet and one hasn't appreciated the subtle significance of the other.
The 'unsigned forms' thing was a genuine loophole. On the one hand legislation didn't require the form to be signed, while on the other hand if the form wasn't signed it couldn't be used as evidence in court. This loophole was closed in Engalnd and Wales in a High Court case in 2004.
Most of the defences offered by 'Mr Loophole' Nick Freeman, are actually technical ones and not loopholes at all. If the law requires certain behaviours, signs, evidence, procedures or documents
and the Police/CPS fail to observe the precise requirements of law then a technical defence may be effective.
The technicallities of law are essential to law itself. Take the 14 day NIP rule as an example. If you got a document 3 years later demanding to know who was driving at a certain time on a certain date three years earlier it might well be quite impossible to determine the driver. In this way such limits ensure that the defence has a fair chance. And there must always be fair chances.
The law quite rightly attempts to resolve infinite shades of behaviour into black and white questions. Sometimes it is necessary to resort to a technical definition to do so. This is how it is possible to be 'not speeding' at 30.00mph but 'speeding at 30.01 mph.
But justice cannot be black and white - it requires human judgement to resolve the impact of those shades of grey that the law seeks to remove.
I think I'm starting to ramble...
