Archived posting to the Leica Users Group, 2009/02/15
[Author Prev] [Author Next] [Thread Prev] [Thread Next] [Author Index] [Topic Index] [Home] [Search]> From: leica@web-options.com> > > > "A spokeswoman for the Home Office said > the law was not > > specifically intended for photographers and concerns > about > > how it would be used were speculative. It would be the job of > > > the police and the courts to interpret the law."> > > > Looks like > Orwell was only out by a quarter century.> > > > Any country who give > their police the right to "interpret the > > law" is doomed to > absolutism.> > > > Protest this vocally... while you still can!> > > > > Greg Lorenzo> > Calgary, Canada> > The police have to interpret the law - > how else can they try to decide> whether or not someone may be breaking > it? The courts are there to decide> whether or not they interpreted it > correctly. Possibly semantics, but I view interpretation of an Act or Regulation of a State as the intellectual process whereby a decision is made as to what activity exactly that Act or Regulation is intended to control. Where I live, a country with a judicial system founded on the basis of both English Common Law and The Code Napoleon, this interpretation would be made by the Crown Prosecutor (think District Attorney). This interpretation and it tenent's would then be used as a basis for a peace officer to decide whether or not to charge someone with violation (of the specific Act/Regulation) in a particular case. In this case; the act of actually making a photograph of a peace officer or officers. Once the charge is laid, the Crown Prosecuter would then review the circustances and make a decision as whether these charges would be pursued. Effectively reafirming his original interpretation with some hindsight. One of the problem's with the proposed UK Act, for me, is the basic loss if personal liberty on the basis of some police officer possibly laying a charge without knowing what the person taking the photograph actually has intended the photo for (i.e. what is in his/her mind). This is very different then laying a charge after a photo is used to aid terrorism. The courts are the ultimate judge. Greg Lorenzo Calgary, Canada _________________________________________________________________ Windows Live?: E-mail. Chat. Share. Get more ways to connect. http://windowslive.com/howitworks?ocid=TXT_TAGLM_WL_t2_allup_howitworks_022009