Alright, you English American Bashers, here’s a little about the civilized nation of Great Britton:
<font face=RED>Prison Conditions in the United Kingdom<font face=BLACK>
Prisoners in the U.K., which has the highest per capita rate of imprisonment in Western Europe, suffer from unsanitary conditions, extremely poor conditions for remand prisoners, and the lack of useful educational or work activities. In addition, this report describes the serious problem of overcrowding in many prisons in England as well as the political tensions running high in Belfast Remand Prison in Northern Ireland
Britain has** NO constitution, and therefore criminal defendants have no constitutional rights or guarantees.** Obviously, there is no British Bill of Rights either. In Britain, individuals have the right under an unwritten “understanding” to do whatever is not prohibited by law.
*But under British COMMON LAW, don’t defendants in N. Ireland have the same basic rights that American defendant have? *
Not hardly. The Fifth Amendment to the United States Constitution grants a defendant the right to remain silent and not testify at his or her trial. Concomitant to that right is the rule that neither judge nor prosecutor may refer to a defendant’s exercise of that right and tell a jury (if there is a jury) to draw an inference of guilt as a result. In fact, in America the trial judge is obligated to instruct the jury that they cannot infer guilt or draw any negative inference from the fact of a defendant’s silence or refusal to testify.
The contrast between the Fifth Amendment privilege in American and a defendant’s silence in Northern Ireland could not be any greater. Or more disturbing. In Northern Ireland a defendant literally has no right to silence whatsoever.
Anything he says can be used against him in a court of law.
Anything he does NOT say can also be used against him in a court of law.
The British literally outlawed this fundamental right in 1988. In fact, an arrested individual cannot even remain silent during police interrogations since this silence can also be used against him or her in court. (Hmmm. In America, we have the RIGHT to remain silent and any violation of that right can result in the prisoner being set free or a misstrial.)
In Britain the police need not charge a person whom they arrest. That means a man or woman can be arrested (and detained for up to 7 days) without being charged. If during that time he or she remains silent for whatever reason, that silence can be used in court as “evidence” of guilt of a crime the police later (usually much later) allege that he or she committed. (In American one may not be held without JUST CAUSE.)
The police can detain a person for 7 days FOR NO REASON AT ALL?
That’s right. The British have a unique system of 7 day detentions. It’s so unique, in fact, that the European Court of Human Rights ruled that these 7 day detentions violate the European Convention. The British threw a temper tantrum and responded to the ruling by opting out (or derogating) from the Convention, thus ignoring the condemnation of the Court for violating established international legal principles. In other words, what is generally considered illegal everywhere else is considered legal in Britain and Northern Ireland.
But they need PROBABLE CAUSE to arrest and detain you for 7 days, right? And you get to SEE YOUR LAWYER, of course…don’t you?
The police most definitely do NOT need probable cause to arrest someone anywhere in the north of Ireland, nor do they need to articulate any basis whatsoever for their decision to arrest. They can deny a detained person access to his or her lawyer for the first 2 days for no reason at all; but fortunately they aren’t completely unfair: if they want to deny access to a lawyer for the whole 7 days they have to articulate “certain specified reasons” first. So how can detainees complain?
Section 11 of the EPA is the section under which most people are arrested. That’s because it’s so easy to use. The RUC may arrest any person they suspect of being a “terrorist” and detain them for at least 72 hours without charge. Of course there is no requirement that suspicion be reasonable or supported by probable cause.
This section is obviously abused and used strictly for purposes of intimidation and intelligence gathering. Most people are arrested under this section in pre- planned operations. That means the RUC literally break into their homes in the early morning and drag them out of bed. Over the past 25 years more than 60,000 people have been arrested under this section and Section 12 (1b) of the PTA
<font face=RED>Search and seizure and the PTA Bill of 1988<font face=BLACK>
Limitless powers of search are provided for under the Acts. Over 400,000 premises have been searched by the RUC and British Army. The searches are extensive, which means the place gets torn apart and serious damage results. Any property can be seized by use by the military. Residences, schools, industrial premises, sport grounds and farmland have been seized for use as military installations. The British government has even given itself the power to seize the homes of political opponents.
The 1988 PTA amendment allows the police to probe through and seize bank accounts and personal savings. It can be used to intimidate both groups and individuals. It also allows them to detain people in their homes while carrying out raids. This bill also removes the 50% remission for prisoners won through long and difficult prison protests. Prisoners must serve two thirds of a sentence before release.
**In America, there is seperation of Church and State and freedom of religion. **
*Only a Protestant Christian may be head of state. The law prevents the king or queen of Britain marrying a Catholic.
There is no separation of Church and State in the UK. In the UK the followers of one religious group have a privileged status. The Church of England, or Anglican Church, is the state church. Its bishops have seats in the “upper” house of the legislature. Only Anglicans may be the head of state. Bishops of the Church are appointed on the advice of the Prime Minister, the head of the government.
British schools are required by law to organise a daily act of religious worship that** must be mainly Christian.** All tax payers are forced to give financial support to the promotion of Christian, Jewish and Muslim beliefs, through state financial aid to religious schools.
In American we have FREEDOM of SPEACH.
*In the United Kingdom watching television or listening to the radio is against the law unless you have a licence. The licence, a form of poll tax, costs £101 (US$158) a year. Extraordinary as it may sound, the licensing agency monitors every home and workplace in Britain, stores selling TVs are required to file reports on purchasers with it and its agents patrol the streets using electronic devices to locate those who are watching TV without a licence.
Should I go on?
If we are a bit rude overseas, it probably is because we have the greatest freedoms around. Though I have heard from many sources that the French, in their home country, are rude as hell to EVERYONE.