Fines must be equitable!
164 of the Criminal Justice Act 2003 had been superseded by the Sentencing Act 2020 .
§118 Availability of fine: magistrates' court
(2) If under the relevant offence provision the offender is liable to (a) a fine of a specified amount or (b) a fine of not more than a specified amount,... the amount of the fine (i) must not be more than that amount, but (ii) may be less than that amount (unless an Act passed after 31 December 1879 expressly provides to the contrary).
NOTE THE ORDER IS MISLEADING - THE FOLLOWING IS LOGICAL!
§125 Exercise of court's powers to impose fine and fix amount...
(1) The amount of any fine fixed by a court must be such as, in the opinion of the court, reflects the seriousness of the offence...
- This is a check and balance where the courts MUST control any tyrannical motives of those governing and determine if the legislation has a legitimate aim, alternative measures to achieve that legitimate aim have been considered, and the one which least impacts on any individuals rights has been chosen. If there is no legitimate aim no fine can be charged.
- This brings into question as to whether it is merely revenue generating, or
- an attempt by Parliament Assembled to unlawfully impose their will to control people’s behaviour to someone else’s agenda!!!
(4) Ability to pay… if you cannot pay then they cannot fine you!
§124 Fixing of fine: duty of court to inquire into individual offender's circumstances ...Before fixing the amount of any fine to be imposed on an offender who is an individual, a court must inquire into the offender's financial circumstances.
In any event the Court does not have authority to impose fines...
The Bill of Rights 1688  affirms 'That all Grants and Promises of Fines and Forfeitures of particular persons before Conviction are illegall and void.' and conviction must be by 'That Jurors ought to be duely impannelled and returned'
The court must hence evaluate the legitimate aim before imposing any fine, and must show evidence of harm having been caused, or intent of causing harm (i.e. a breach of the peace).
Did you follow your due diligence???
No Victim, No Harm, No Crime, No Fine!!!
Why is it lawful for emergency services to go through red lights?
They have flashing lights, make a lot of noise, slow down to ensure it is safe to cross and then proceed with caution = due diligence!!!