To arms!

Is it too much to ask the “authorities” in cases like this to stop and think of the mischief rule, a principle that is based upon working out the legislator’s intention? As far as the WCA 1981 is concerned, it will self evidently have been to stop the raiding of endangered species’ nests. How could it possibly have been intended to trap an antiques auctioneer?
We see this time and again – legislation aimed at fly tippers being used to entrap duck feeders, and so on. Sacking some of these apparatchiks for gross incompetence would be a good start, but will it ever happen?

We are all criminals now

Should have read “look better on paper”

The main purpose of this vile act by the police and others is to obtain DNA samples. Very probably this case will not go to court. What judge would sit and listen to it before throwing it out of court? Jim has provided his DNA, which he wouldn’t of done if he had just been warned off. That DNS sample will now stay on file for ever.
We had a case in Hastings recently when a businessman was arrested in front of his family and neihbours for allegedly sending an email with the word ‘Likely’ in it. A council jobsworth decided that word sounds like ‘pikey’ a slang word for travellers. He was arrested, spent 4 hours in the cell. Fingerprints and DNA taken and then released. No charge. But they have his DNE on record AND his fingerprints.
It is worth noting that the HQ of the Europolice,from where this all originates, was the HQ of the Gestapo.

I’m in complete agreement that this is all just a complete waste of time and resources, however as an experienced auctioneer of 30 years, it is perhaps a little naive of Jim Railton not to think this might raise some interest in certain communities – if only for reasons of publicity.
Political Correctness Gone Mad? Obviously. It’s the age-old love for all things administrative that England love so. Our royal crest should perhaps illustrate a wagging finger of some gleefully-tutting, petty interferer.
None of this is particularly big or clever, but if Railton is smart, which is open to opinion, he’ll spin this into an advantageous episode of PR for himself.

This must be a hoax as there is no mention of man made global warming or carbon credits in this story.

As mentioned above, I think the police did fairly well here – as they managed to not use terrorism legislation.

Is there no way that Northumberia Police can be called into account to explain why they think this absurd case is a just way to spend the public money and is in the interest of the general public.

The matter is more sinister than this. The act says it is an offense to sell the eggs but to incude them in the cabinet is accetable. So you buy the cabinet but the ‘contents are free’. If he described the eggs then there is a problem. A stupid pointless waste of time. Please ask all the people you know to boycott the RSPB.
Finally I would point out a new idea being floated by the Home Secretary and animal rights freek Hilliary Benn. registration of dogs. How many incocent members of the real general public can you see falling foul of this ‘dog tax’. They will not do away with the dangerous dogs just more taxes to poor silent majority.

I cancelled my monthly subscription to the RSPB last week when I learnt it was using my donations to support the Robin Hood Tax campaign against the banks.
This outrageous persecution of a clearly honest man is further evidence that I did the right thing.
Anyone know a charity that supports wildlife but doesn’t persecute the individual or have a political agenda?

The RSPB are a big moneyspinning operation, I know this from someone who used to volunteer with them. They use Neuro Linguistic programming in training.
Any statute made in 1981 or whenever cannot legally be applied retrospectively.
Also I believe ECHR has judged that DNA details cannot be kept indefinitely.

Lee – I just watched that, in 3 parts – frankly quite unbelievable. Also quite the demonstration of how much better TV journalism was once…

This is a very bizarre case. It would be funny if it weren’t unfortunately a true indecent. Please keep us posted.

This is yet another example of the law being blindly followed without an ounce of brainpower or common sense being applied. As a supporter of the RSPB this kind of incident is enough to make me think twice about continuing to do so. As for the actions taken by the police.… Is it any wonder why they are increasingly being seen as being ‘a part of the problem’ by the public when they do things like this? It is very disturbing when people feel more threatened by the state machine than they do by criminals. You are more likely to be assaulted by the law than you are by wrongdoers. This is an extremely serious situation indeed!

The theoretical basis of our legal system utilitarianism, IE all action undertaken by the state should be carried out for the greater good. This is based on John Stuart Mill’s perspective on freedom – ie we should be free to do what we wish as long as our actions do not cause tangible harm or limit the freedom of others.
The importance and enjoyment of the existence of our bird fauna for the many is seen as a greater good than the enjoyment of the extinction of such by the few egg collectors that exist. So there is logic to this law (as always debatable).
However police discretion is live utilitarianism in action. The police should always consider the individual circumstances – in a fair and rational way. This I believe is no longer the case – police now aim to arrest & convict as much as possible, the success of which is how they are no judged by their employers. In the absence of police discretion it is the courts that are arbiters of the greater good in each case – what is terrifying me is that such utilitarian checks upheld over hundreds over years are being quickly eradicated by the increasing judicial enforcement powers of the police.
Lets return to the days of intelligent police discretion, remove blind quantitative conviction targets and remove all judicial powers given to the police and return these to the courts.

If there is any vaguely positive about the appalling actions of both the local police and the RSPB in this case, it is that we have another glaring illustration of how absurd the behaviour of the police can be. I used to be an avid admirer of our police forces, but in recent years I have heard too many accounts from firsthand, reliable sources, of OTT police action, in which they actively target the young and the old extremely unfairly. I have now become very cynical about the boys and girls in blue, which is sad, and I just hope that as more and more of these dreadful incidences of overkill get into the public domain, we will eventually see a genuine backlash from Joe Public which the police and government will wake up to. Fat chance, some will say, but hope springeth eternal.

Jim Railton should demand that his Sensitive Personal Data are removed immediately from the illegal national database, and when some jobsworth at the Northumbria police refuses (as he will), then he should sue the police for the tort of breach of Constitutional rights [article 8 section 1 ECHR] relying upon ECtHR Judgment 215 [GC] mutatis mutandis.
Everyone illegally arrested and/or arrested without good reason and/or arrested and released without being charged should automatically follow this route to swamp the buggers with court cases.
The crime and security bill now passing through the “Lords” seeks to legalise the retention of DNA for 6 years – which the ECtHR has already ruled illegal, so if it is passed with this illegal proviso intact, anyone suing the police should add the Secretary of State for the Home depatment as co-tortfeasor Defendant. Ask for £100 million exemplary damages to match the disparity of resources between the parties.
Merely moaning gets none of us anywhere. The only way to achieve anything is firm action!