Thor wrote: ↑Mon Oct 14, 2019 1:10 pm
Sorry Spen the law is an ass then. How can it be right that you knowingly provide advice to a client that is tanked up, would make his arrest and or conviction worse and your telling him to lie low and wait it out.
Sorry that's disgraceful.
In the point you raise, the law is not an ass. It is in other respects.
Everyone is innocent until proven guilty
As per Viscount Sankey's golden thread judgement I quoted, it is for the Prosecution to prove guilt.
Everyone has a right against self discrimination.
This applies irrespective of the moral view of an offence.
My client was simply exercising his right not to incriminate himself.
To resolve this issue, the solution is not to remove peoples rights, but the following would resolve it and I have proposed it to MPs and to the Law Commission who are in denial about the problem.
The client had already fled the scene of the accident. He had failed to stop and failed to report the crime. The maximum sentence for each of these is only 6 months imprisonment. The maximum sentence for death by dangerous whilst under the influence is I believe 14 years now.
If you made the maximum sentence for failing to stop or failing to report the same as the maximum penalty for death by dangerous whilst under the influence both in law and sentencing guidelines, then there would be no benefit in leaving scene of incident.
At present in event of serious crime or seriously drunk or drugged there is an incentive to leave scene and lie lie.
Ask your MP or the Law Commission why they wont close this perverse incentive.
Whilst it exists, I must by law and by my professional duties advise client of this situation and the benefit potentially in not handing himself in