- Joined
- Oct 29, 2002
- Messages
- 36,533
- Location
- East of Suez
I detect sarcasm and, as I'm sure you realise from the dates, the legislation under which the arrest was made dates from Thatcher's first government.
That, however, is to miss the point: the problem isn't really the law, it's an overzealous and unyielding enforcement of it. Investigations and prosecutions are often abandoned on the grounds that they are not in the public's interest. I should be very surprised if it turned out that this man was trying get around the law; his actions are hardly promoting the sale of bird eggs. Though the fact that the eggs were in no way valuable does not alter the fact that their sale breaches the law, it should influence the police's view of the intention and spirit of the act, which, in turn, should have led them to turn up, remove the eggs, and remind all concerned of the legal position with no need for arrests.
I do worry that the fear of facing censure has meant all common sense has been abandoned in matters legal.
That, however, is to miss the point: the problem isn't really the law, it's an overzealous and unyielding enforcement of it. Investigations and prosecutions are often abandoned on the grounds that they are not in the public's interest. I should be very surprised if it turned out that this man was trying get around the law; his actions are hardly promoting the sale of bird eggs. Though the fact that the eggs were in no way valuable does not alter the fact that their sale breaches the law, it should influence the police's view of the intention and spirit of the act, which, in turn, should have led them to turn up, remove the eggs, and remind all concerned of the legal position with no need for arrests.
I do worry that the fear of facing censure has meant all common sense has been abandoned in matters legal.