Chat & Social > The Bar - General Chat
Words of advice...section 59
drmike:
Well it's fair to say I'm not impressed. It sounds a lot like a shirty police officer can issue a section 59, is judge and jury, the 59 stays on you and the vehicle for a year and you have no recourse to oversight unless you engage a solicitor and prove your (assumed) innocence!
I'm not having a go at you or your fellow officers just wondering how the hell we allowed our politicians to enact these draconian laws. Quite possibly we get laws like this because the politicians are too lazy to actually enact sensible and enforcable laws and provide resources for swift effective justice.
Of course a law like this is only a danger to law breakers which the above guy making the phone call clearly was.
Mike
dazzawhipple:
How can we (Joe Public) see that a car just purchased has a S59 on it??????
Lord Shagg-Pyle:
I would have to agree that S59 does seem like a draconian bit of law, but so many of these Acts are. Believe me, I sometimes have to wrestle deeply with my conscience when doing my job.
It would appear that there the Act is open to 'interpretation', by all legal parties involved.
The very few times that I have used S59, I have always tried to find out alternative places for people to go first. The prime example would be the lads who gather with their cars. I mean, be honest, haven't we all done that at some part of our lives?
Don't get me wrong, I'm not a fan of David 'Hug a Hoody' Cameron, but if they are in an area where people are living, sleeping etc then yes, warn and if ignored hit in with a S59 notice, but if they are on a car park or industrial estate miles from habitation, whats the problem?
In response to drmike's post, most laws in this country are kneejerk reactions e.g the Dangerous Dogs act.
I had never heard of a Japanese Toza fighting dog until that law was passed.
It didn't stop irresponsible people getting hold of dogs totally unsuited to them, which then became dangerous.
In relation to finding out if there is a S59 in force on your car; I'm sure that this must be accesible under the Data Protection/Disclosure rules. I'll see what I can find out.
I dare say I will get some adverse comments come back, but hey, ces't la vie!
Bob696:
OK I wasnt going to post again but I need to ask something
--- Quote ---It will get their attention then a Police officer or community officer can issue a section 59 notice retrospectively once they have a statement from you.
--- End quote ---
Lets say a rambler (spit) decides to tell a few fibs, makes a statement to the police and you get a S59. Its only a tag as you say so there is no recourse. It would however count as your warning so the next time there is a supposed transgression you are stuffed.
What happens if another rambler makes a statement resulting in another instance of a s59?
drmike:
I'm with Bob - that's quite a feasible scenario.
I feel for our two local bobbies though, they must feel we are getting at them when we aren't. We appreciate their explaining how to deal with these situations.
As was said recent law seems to be fatuous knee jerk stuff that as often as not can't be enforced and fails to solve the problem. There seems to be lots of perfectly good laws that could be applied if the resources were there and dumb ass 'targets' were removed.
I suspect we should all be writing to our MP once again.
But do any of us believe that the next lot will be better than this lot? I don't. If I were 40 years younger I'd be bloody worried about the way things are going in this country.
Mike
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