Freedom From Arrest
The privilege of freedom from arrest applies to members of both Houses of Parliament, because of the principle that they must, whenever possible, be available to give advice to the Sovereign. Several other nations have copied this provision; the Constitution of the United States, for example, provides, "The Senators and Representatives ... shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses." Theoretically, even when Parliament is not sitting, peers enjoy the privilege because they continue to serve the Sovereign as counsellors. However, peers are free from arrest in civil cases only; arrests in criminal matters are not covered by the privilege. Until 1770, a peer's domestic servants were also covered by the privilege of freedom from arrest in civil matters.
Most often the privilege was applied in cases of imprisonment in debtors' prisons. In 1870, both imprisonment for debt and the privilege in relation to freedom from arrest for bankruptcy were abolished, and as a result the freedom became extremely limited in practical application. Now, civil proceedings involve arrests only when an individual disobeys a court order. Since 1945, the privilege of freedom from arrest in civil cases has arisen in only two cases: Stourton v Stourton (1963) and Peden International Transport, Moss Bros, The Rowe Veterinary Group and Barclays Bank plc v Lord Mancroft (1989). In the latter most recent case, the trial judge considered the privilege obsolete and inapplicable, and said in proceedings, "the privilege did not apply—indeed ... it is unthinkable in modern times that, in circumstances such as they are in this case, it should".
Read more about this topic: Privilege Of Peerage
Famous quotes containing the words freedom from, freedom and/or arrest:
“I don’t wanna live in a city where the only cultural advantage is that you can make a right turn on a red light.
Freedom from labor itself is not new; it once belonged among the most firmly established privileges of the few. In this instance, it seems as though scientific progress and technical developments had been only taken advantage of to achieve something about which all former ages dreamed but which none had been able to realize.”
—Hannah Arendt (1906–1975)
“Freedom is poetry, taking liberties with words, breaking the rules of normal speech, violating common sense. Freedom is violence.”
—Norman O. Brown (b. 1913)
“The aim of every artist is to arrest motion, which is life, by artificial means and hold it fixed so that a hundred years later, when a stranger looks at it, it moves again since it is life. Since man is mortal, the only immortality possible for him is to leave something behind him that is immortal since it will always move. This is the artist’s way of scribbling “Kilroy was here” on the wall of the final and irrevocable oblivion through which he must someday pass.”
—William Faulkner (1897–1962)