Human Rights Act / Criminal Justice System Abuse

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The idea

I think the Human Rights Act is in need of root and branch reform. I think there needs to be a statement of principles that override all other aspects.

First that the rights of victims are always much more important than the rights of criminals.

Second: Criminals, in prison, especially the serious offenders, like murderers but other equally vile types should not be able to play the system by claiming some technical or minor infringement that gets them thousands of pounds of compensation. In principal it should require a very serious infringement of their "human rights" for them to get a penny.

Third: When a person commits a serious crime, their rights should be severely curtailed, so that they cannot use the system to escape justice, or benefit financially or in some other significant way.

Fourth: The European Court of Human Rights should have no jurisdication over the UK. If needed the UK should remove itself from this treaty.

Fifth: The police should be free to stop and search suspected criminals and terrorists provided they have reasonal suspicion. If need be, there could be safeguards before a judge in retrospect if there was evidence of harassment or unfairness.

Sixth: The presumption must be that people defending their property or family's from intruders, burgulars, criminals, are exercising reasonable force,  unless it is unambiguous and blatent that the householder is going far from what any reason person would consider to be reasonable, given the circumstances.

Seventh: All cases brought under the Human Rights Act (HRA), must be subjected to a common sense test, and natural justice test. If the attempt, by the person, to use the HRA is frivolous or to beat the system, it should be thrown out regardless of the technicalities.

Eighth: Criminals in jail should face punishment and not comfortable conditions at public expense. There should be no TV, mobile phones and other comforts. Jail should mean punishment, and should be a deterrent. It can be given sparingly, provided those that get jailed suffer an uncomfortable punishment. Not degrading, just uncomfortable.

Ninth: Jail terms should be served as sentenced. The discounts for good behaviour should be smaller (10%)  and not routine. They should be earned and worked hard for.

Tenth: Rather than give short sentences, there should a points system, like penalty points on a driving licence. So for less serious but repetitive offenders, they could get community service orders plus point on their record. After a certain number of points had been accumulated, they would automatically be jailed for a longer time, say 2 years, during which time they could be given rehabilitation training.

Eleventh: Legal aid for criminals, should be subject to a common test criteria, and a means test. It is a nonsense for criminals to play the system, with legal aid.

 

 

 

Why is it important?

It is important because people feel that criminals and terrorists are exploiting the system for their own ends. The HRA is wasting a lot of police, court time, and costing the taxpayer a lot in court and legal costs.

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