By Kalliste Hill
The UK justice system has always been an unhappy mixture of oil and water, dedicated to protecting the property of the rich and powerful, their reputations and privacy while parading itself as a bastion of “equality before the law”, blind to station and acting on behalf of the Crown and constitution. The reality is very different, as those who fall foul of the Crown Prosecution Service increasingly find.
Article 7 of the Human Rights Act states that there shall be no punishment without law.
“1. No one shall be held guilty of any criminal offence on account of any act or omission which did not con-stitute a criminal offence under national law at the time when it was committed. Nor shall a heavier pen-alty be imposed than the one that was applicable at the time the criminal offence was committed.
“2. This Article shall not prejudice the trial and pun-ishment of any person for any act or omission which, at the time when it was committed, was criminal ac-cording to the general principles of law recognised by civilised nations.”
The excuse by successive governments of “austerity” to underfund our legal system, shut down courts making the ones remaining more distant for the accused to attend, restricting their right to a jury trial or a judge and replacing it with a magistrate only, along with a ludicrously unfair payment system to legal representation puts “defence” beyond the means of the majority of the population. It also leaves many people at risk, including our own politicians and public figures vulnerable to litigations, and threats of litigations dropped just before the deadline designed to bankrupt the defendant, using smears and unfounded allegations by small ideological groups as well as oppressive misapplication of badly framed laws by the government for their own political ends.
The right to protest, the right to a jury trial and the right to free speech have all been exposed as hollow by recent events where despite complaints from all sections of society including lawyers and judges that the police continue to act without clear test cases being brought to court and shown by our legal system as reasonable and proportionate in their application.
Three examples demonstrate just how serious the actions of the government against the people have become in recent years as the popularity of both government and institutions fall.
First, the rising number of cases of people threatened with arrest for holding pieces of “blank paper” as signs, on the basis that they might use it to offend someone have increased since 2022 to suppress republican sentiment and legitimate action against oppression and occupation. Few know enough of the law to refuse to provide their name, address and other details before they are explained their right to know what powers they are being held under to arrest them, let alone set bail conditions, many are manhandled violently or removed physically with overwhelming force despite being peaceful or pos-ing no threat to the public or police.
Second the increasing disparity between proscribed organisations, in particular the designation of Palestine Action as a terrorist organisation because of a minute number of occasions when they are committed damage that can be described as “criminal” to subject its supporters as well as its members to excessive punishment, i.e. up to 14 years in prison, on Counter Terrorism charges, and oppressive enforcement by arresting people for flags, banners, chants and other badges, t-shirts etc that could be construed as support, even tweets, social media posts on Facebook or misspellings like “Plasticine Action” etc,
Thirdly, the increasing use of oppressive bail conditions for those arrested who have given their details, often because they are too vulnerable or infirm or ignorant of their rights. Who are then confined to their homes for extended periods of time, often months but sometimes even years, without being able to carry out their normal lives, using public and health services, or socialising with friends and family. They can be restricted in their use of internet, sometimes all forms of communication, including the use of emergency services, even when they are at risk of extreme medical emergencies, and then subjected to delays and deliberate insecurity about their charges and preparations for their own defence by the failure to be informed as to where, when and what the charges they will face will be. The threat of excessive jail sentences if found guilty only increases the actual punishment “without law” since there is little chance of the individual to control this process, only endure the prospect of this future with uncontrollable anxiety. This “cat and mouse” game is one that is designed to intimidate the public generally as well as isolate those exercising their rights to public protest, the right to a proper defence before a jury, and freedom under Article 7.
These oppressive bail conditions along with the rise of use by government of metadata and our surveillance society are creating a modern “cyber-panopticon”, a prison of the mind by which ordinary people are intimidated in their thoughts, speech and actions from questioning government and establishment authority in its foreign and domestic policies, even when they commit crimes against humanity and institute ever more oppressive laws.
