The 1688 states ‘that all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void’. This particular section of the Bill of Rights Act 1688 has NOT been repealed under the “Statute Law Revision Act 2007” here, or in the UK.
This same legal principle applies to ALL fines, fees, charges, forfeitures and seizures. This means that, in law, you cannot be fined or charged a fee or forfeiture, or your car cannot be towed away without trial and conviction, which is only logical. The law presumes that you are innocent until proven guilty.
This is just some of the LAW that the STATE and the COURT purposely keeps hidden from the People. Just imagine: NO toll road fines/fees, NO parking fines, NO on the spot fines, fees or charges, NO clamping, NO towing away/stealing of peoples property.
This would also have a bearing on the Revenue Commissioners, as they too are continually fining people without trial and/or conviction.
If nothing else, it might prove fun to test this law and see how it stands up. This LAW was created to prevent what is currently going on. Isn’t it amazing that in 1688 the people of the day could foresee the need for such a LAW and in the 21st. Century, the State, the Judiciary and the so called, Legal Professionals have somehow conveniently forgotten that such a law exists?
The Bill of Rights is assigned to the year 1688 on legislation.gov.uk (as it was previously in successive official editions of the revised statutes from which the online version is derived) although the Act received Royal Assent on 16th December 1689. This follows the practice adopted in The Statutes of the Realm, Vol. VI (1819), in the Chronological Table in that volume and all subsequent Chronological Tables of the Statutes, which attach all the Acts in 1 Will and Mar sess 2 to the year 1688. The first Parliament of William and Mary (the Convention Parliament) convened on 13th February 1689 (1688 in the old style calendar – until 1st Jan 1752 the calendar year began on March 25th). It appears that all the Acts of that Parliament (both sessions) were treated as being Acts of 1688 using the old method of reckoning, according to which, until 1793, all Acts passed in a session of Parliament with no specified commencement date were deemed to be passed in the year in which that session began (see Acts of Parliament (Commencement) Act 1793 (c 13)). The Short Titles Act 1896 (c. 14) gave to chapter 2 of 1 Will and Mar sess 2 the title “The Bill of Rights”, without attributing it to any calendar year. In the Republic of Ireland, the Short Titles Act 1896 (c 14) has been amended to add “1688” to the short title of The Bill of Rights as it continues to have effect there (see Statute Law Revision Act 2007, Act of the Oireachtas No 28 of 2007, s 5(a)).
By taking his car the Garda was in breach of his rights under European Law, specifically articles 25 and 39 of the Treaty of Rome; that Gardai would be in breach of his rights on freedom of movement as well as in breach of due process under the Irish Constitution.
“This effectively says that seizure of goods more than the amount allegedly owed to the State, is illegal.”
The Irish Drivers Association is now advising motorists how to handle a situation where a car is being seized.
“What the association are advising people when confronted by customs or Gardai about car seizures in relation to road tax or customs duties/VRT is simply to inform the respective officer that he/she must follow due process and issue them with a summons,”
Due Process – the law
This is the guidance given to motorists from the Irish Drivers Association:
Irish constitutional law
1. The 3rd amendment to the constitution. Ireland’s accession to Europe. Known as the 1972 European Communities Act. This is where the Gov of 1992 signed up to the terms of the treaty of Rome.
2. Constitutional law
The constitution is the highest law in the land and no other acts of law introduced by governments shall supersede same. The constitution can only be changed or amended by the people by means of a referendum.
3. The 1992 Finance Act is an introduction of law which supposedly gives Gardai and Customs the powers of seizure which is contrary to article 15. which states “The Oireachtas shall not enact any law which is in any way repugnant to the constitution or any part thereof.”
4. Article 38 The right to a Fair Trial
Article 38 the right to a fair trial in court by a Judge/ jury. If Gardai and customs start to act as judge jury and executioner on the roadside then we no longer need the courts.
5. Article 37
Every person appointed a judge shall swear an oath to uphold the constitution. And should bring it to the attention of the court where summons are been issued under the 1992 finance act giving powers of seizure is contrary to constitutional law.
6. Article 43 property rights
Your property is yours and can not be seized detained or otherwise unless on foot of a court order signed by a Judge not a ( court clerk ) in other words if it’s not signed by a judge it’s not Valid.
European law. Treaty of Rome
European principles of proportionality
A court order can not be issued to collect revenue if the property exceeds that which is due to the state. In short they can only lift to the value of, but not above.