"The Banner" is the Newsletter of the Socialist Civil Liberties Association                 Page Three

 
     

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Personal
Record Disclosure

The cogency of evidence, the presumption of innocence, and the requirement for proof beyond reasonable doubt, remain cornerstones of justice. Evidence must be brought of the specific crime that is alleged, without relying on the personal or criminal record of any accused. 

It is recognised that this Rule may on occasion generate injustice, and in that context two exceptions to its application have long been recognised. 

  • Where the accused claims to be of good character, the Prosecution may counter with evidence of his or her personal record. 
  • And where there is an alleged pattern of conduct by the accused, a modus operandi in the commission of a crime, that may be demonstrated by the Prosecution even if personal records may thereby be disclosed.

These practical exceptions are well understood, and manageable.  No further exceptions should be introduced by Parliament.  This represents a sensible, practical precaution against the risk of overzealous prosecution, attempting to establish guilt by innuendo and association.

Recruit a Party Colleague...

SoCLA welcomes both individual Party members and the affiliation of TU and Labour Party Branches, as well as CLPs and Cooperative groups - details at pp 11,12

     

Our objectives
are Party political

Unlike LIBERTY, SoCLA represents an explicitly Party-political initiative.  SoCLA represents the first human rights foundation within the framework of a mainstream UK political Party. 

For the Liberal Democrats, their enduring electoral failure, and their consequential Governmental inexperience, has weakened their authority and political effectiveness.  For the Conservative Party, the assertion of human freedoms against the State has always commanded some support in the UK Tory, as the current Daily Telegraph campaign testifies.

SoCLA aims to develop the human rights agenda within the Labour Party We do not seek to place obstacles in the way of the political initiatives, whether by the Party or the Government.  We will work to ensure that the means chosen by Labour to achieve legitimate political ends are the least intrusive possible, interfering to the minimum extent with the rights and freedoms of individuals.  

The 2002 Labour Government, under the pressure of world events, has become more autocratic and less sensitive to human rights concerns. This has not always been so.  Labour was in power in the 1949/50 period when the European Convention of Human Rights was negotiated.  It was Labour that created (in 1965) the right of individual appeal to Strasbourg Court.  And it was Labour who took the key final step of integrating the Convention fully into UK law, in 1998.   As a Party, Labour has a proud record for the assertion of individual rights against the abuse of power, and SoCLA stands four-square in that tradition.
 

 
 

This is a pioneering Web-to-print intitiative from SoCLA                            >>> Page Four