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Thread: Third Umpire Call for Boris

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  1. #1

    Re: Third Umpire Call for Boris

    Quote Originally Posted by A Quiet Monkfish View Post
    He's been criminally charged ?
    A crime is a deliberate act that causes physical or psychological harm, damage to or loss of property, and is against the law.

    Johnson introduced the law under which he was served a fixed penalty notice. He paid the fine but obviously had the chance, like every other individual in the land to protest his innocence in court. He decided not to do so becoming a criminal in the process.

    Amazing you have doubt. It can only be because you missed it on the news, surely!

  2. #2

    Re: Third Umpire Call for Boris

    Quote Originally Posted by cyril evans awaydays View Post
    A crime is a deliberate act that causes physical or psychological harm, damage to or loss of property, and is against the law.

    Johnson introduced the law under which he was served a fixed penalty notice. He paid the fine but obviously had the chance, like every other individual in the land to protest his innocence in court. He decided not to do so becoming a criminal in the process.

    Amazing you have doubt. It can only be because you missed it on the news, surely!
    I'm not sure, but if the punishment is a fine, then it's not a criminal act - in the legal sense.

  3. #3

    Re: Third Umpire Call for Boris

    Quote Originally Posted by A Quiet Monkfish View Post
    I'm not sure, but if the punishment is a fine, then it's not a criminal act - in the legal sense.
    The act is criminal. The punishment is commensurate to the act. Your response determines the ultimate punishment.

    So if you don't pay your TV licence you can be fined. If you plead innocence against that fine on whatever basis at some time you will be taken to court. Yo will have the opportunity to explain your innocence. If you are found guilty you have various opportunities to appeal. If you ignore the judgement of the court if you are found guilty then the punishment increases at each step up to the maximum determined by the law you are being tried for.

    It is perfectly possible to go to prison for not accepting the punishment for not paying a TV licence. It is equally possible that the UK Prime Minister could be imprisoned if found guilty of his criminal offences if the law he put on the statute book said that it was the ultimate punishment.

    The law determines what is a crime. The gravity of the offence and how you react determines the punishment.

    Does that make sense?

  4. #4

    Re: Third Umpire Call for Boris

    Quote Originally Posted by cyril evans awaydays View Post
    A crime is a deliberate act that causes physical or psychological harm, damage to or loss of property, and is against the law.

    Johnson introduced the law under which he was served a fixed penalty notice. He paid the fine but obviously had the chance, like every other individual in the land to protest his innocence in court. He decided not to do so becoming a criminal in the process.

    Amazing you have doubt. It can only be because you missed it on the news, surely!
    But he hasn't been charged. He would have been charged if he refused to pay the fine and gone to a magistrates court.

    Much as many may like it to be so, he is not a criminal.

  5. #5

    Re: Third Umpire Call for Boris

    Quote Originally Posted by Elwood Blues View Post
    But he hasn't been charged. He would have been charged if he refused to pay the fine and gone to a magistrates court.

    Much as many may like it to be so, he is not a criminal.
    He was charged with an offence under the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

    He was offered the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. If he accepted that there was no need for a court appearance to argue his guilt or innocence. His agreement to pay the fine under the fixed penalty notice means he will not have a criminal record.

    This shouldn't be this tricky.

  6. #6

    Re: Third Umpire Call for Boris

    Quote Originally Posted by cyril evans awaydays View Post
    He was charged with an offence under the The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

    He was offered the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty. If he accepted that there was no need for a court appearance to argue his guilt or innocence. His agreement to pay the fine under the fixed penalty notice means he will not have a criminal record.

    This shouldn't be this tricky.
    What shouldn't be this tricky?

    Can't I have a different opinion as to whether a fine is a criminal charge or not? I think the actual charge comes at the next stage if you refuse to pay and then go to the magistrates court. I hav spoken to a couple of people I know who have studied the law and agree with me.

    If you have a legal background and can prove me wrong then please do so. I have actually found little on the internet either way.

  7. #7

    Re: Third Umpire Call for Boris

    Quote Originally Posted by Elwood Blues View Post
    What shouldn't be this tricky?

    Can't I have a different opinion as to whether a fine is a criminal charge or not? I think the actual charge comes at the next stage if you refuse to pay and then go to the magistrates court. I hav spoken to a couple of people I know who have studied the law and agree with me.

    If you have a legal background and can prove me wrong then please do so. I have actually found little on the internet either way.
    Apologies,

    I believe you are right.

    This article best explains the process. It is the second stage the Single Justice Procedure that triggers the charge.

    https://www.standard.co.uk/news/uk/p...e-b980036.html

    It looks like it was tricky after all!!

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