THE LETTER OF THE LAW OR ITS SPIRIT?

 

05. Apr. 2010. – 11:10:44

Since the G20 riots a year ago and the subsequent acquittal of Sergeant Smellie [usually pronounced "smiley" in Scotland] much media coverage has been given to the fact that he had no visible number on his uniform by which he could and should have been identifiable.  Controversy of this type has been going on for a long time and it was following a riotous situation many years ago that police vehicles were required to have similar indentifying characters on their roofs and/or sides.

It therefore makes for interesting reading of a Freedom of Information request on the website of Surrey Police.  This observer would opine that as with other public organisations perhaps the letter of the act is being observed but the spirit appears distinctly lacking.  And often in legal arguments of one sort or another the question arises as to which route to take to resolve an issue; the letter of the law or its spirit.  I`m a spirits man myself when it comes to alcohol and similarly with the law that it is the intent of the draftsman whether it is the Constitution of the United States or the Freedom of Information Act under discussion. If the draftsman has erred in not making the intent clear enough he should be given the doubt and doubtless many "letter" lawyers might disagree.