Summary

A new Act of Parliament now allows the recall of a Member of Parliament convicted of a crime and sentenced to prison for up to a year.

In 2017 the UK Supreme Court upheld the authority of the Bill of Rights as part of British Constitutional law which prevents Crown Officials “suspending the law or the effects of the law”.

This must include the authority of “Grand Juries”, recognised in Article 11 of the Bill of Rights, to be “duely impannelled” (set up by honest citizens) to investigate criminal acts, particularly by officials, such as MP’s and present their Judgements to The Crown to be tried by “Petit Juries” of 12.

The Bill of Rights requires that all Crown Officials swear that “ That noe Forreigne Prince Person Prelate, State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authoritie Ecclesiasticall or Spirituall within this Realme...”.

This precludes lawful membership of the European Union.

All Crown officials are bound to comply with the Bill of Rights by their Oaths of Office. If an MP chooses to disregard his or her lawful obligations, that is a common law crime of misconduct in office and also prima facie (obvious) evidence of perjury because it is proof that the individual was not honest when he or she took their Oaths of Allegiance and Office.

Please note section 13 of the Perjury Act 1911:

“Corroboration.
A person shall not be liable to be convicted of any offence against this Act, or of any offence declared by any other Act to be perjury or subornation of perjury (persuading another), or to be punishable as perjury or subornation of perjury, solely upon the evidence of one witness as to the falsity of any statement alleged to be false...”.

http://www.legislation.gov.uk/ukpga/Geo5/1-2/6/section/13

This means that either two witnesses, or one witness and some other form of evidence, such as a video recording are required. The evidence could then be placed before a Grand Jury.

Alternatively, if an MP were to refuse to comply with his sworn legal obligations in the presence of a Grand Jury of 12 persons, at a surgery or public meeting for example, the Jury would be entitled to produce a verdict directly (called a “Presentment”) that there was a case to answer of misconduct in office and perjury by the MP. The penalty for misconduct in office includes life imprisonment.

It should be noted the present regime has protected themselves against treason charges by statutory time limits and a claim that authority from the Attorney General for a prosecution is required. Misconduct and perjury have no such impediments.

This presentation gives an account of the history of the Grand Jury and how it has been re discovered:

British Constitution Group Conference 2017 Grand Jury (Day 1)
https://www.youtube.com/watch?v=C7xvFSmA9iE&t=35s

 

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