Argument: Graduated response does not achieve any greater justice
"Graduation response." Open Rights Group. June 30th, 2008: "If it is not the BPI’s intention to replace the current judicial process with a more administrative one that cuts corners, why replace the current judicial process at all? Any new system would surely be the subject of so many appeals that we’d soon arrive back to where we are now anyway (on the hopeful assumption that the interests of justice and fairness would be given due regard). Article 6 of the European Convention on Human Rights (to which the UK is a party by virtue of the Human Rights Act 1998) requires that all citizens be given access to a fair trial in situations where the rights and freedoms of the individual are threatened with sanctions. If the government legislates in this area, there is a serious danger that justice, and access to justice, will be undermined."