Metric Martyrs
Encyclopedia
The Metric Martyrs are a British advocacy group
Advocacy group
Advocacy groups use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems...

 based in the United Kingdom who campaign for the freedom to choose what units of measurement
Units of measurement
A unit of measurement is a definite magnitude of a physical quantity, defined and adopted by convention and/or by law, that is used as a standard for measurement of the same physical quantity. Any other value of the physical quantity can be expressed as a simple multiple of the unit of...

 are presented. The group states that it believes that vendors should have the freedom to mark their goods with any units they choose. This can be solely imperial units, solely metric units or both. Newspapers dubbed the group the 'metric martyrs' after Chris Howell, then weights and measures spokesman for the Institute of Trading Standards Administration, said that they could martyr themselves if they wanted to.

The advocacy group was formed when several members were fined for offences, including not displaying metric signage, and for using illegal uncalibrated weighing machines (which the government refused to certify as calibrated). In Thoburn v Sunderland City Council
Thoburn v Sunderland City Council
Thoburn v Sunderland City Council is an important English constitutional law case. It advances the theory that there exists a hierarchy of Acts of Parliament, whereby those Acts affecting "the legal relationship between citizen and State" or "fundamental constitutional rights" form a special and...

the fines were challenged in court; the verdict was in favour of Sunderland City Council
City of Sunderland
The City of Sunderland is a local government district of Tyne and Wear, in North East England, with the status of a city and metropolitan borough...

, upholding the imposition of the fines. The challenges were made on the grounds that British law does not prohibit the use of imperial units when selling loose goods, but metric units must be displayed simultaneously.

Legal cases

In 2001 Steve Thoburn, the main defendant in the original case, was convicted of two offences under the Weights and Measures Act
Weights and Measures Act
A Weights and Measures Act is an Act of Parliament determining trade law where the weight or size of the goods being traded are important. For example, if a bottle of milk is for sale and has a label saying it contains one pint, then the law states that it must contain that amount.-United...

 of using weighing equipment that was not stamped by a Weights and Measures Inspector. The stamps had been obliterated because the scales were not capable of weighing in the metric system as well as imperial, and hence were no longer permitted for commercial use. He was initially convicted and given a six-month conditional discharge
Conditional discharge
A discharge is a type of sentence where no punishment is imposed. An absolute discharge is unconditional: the defendant is not punished, and the case is over. In some jurisdictions, an absolute discharge means there is no conviction despite a finding that the defendant is guilty...

. Thoburn died of a heart attack in March 2004.

Colin Hunt was convicted in 2001 of six offences under the Price Marking Order 1999 for failing to display a unit price per kilogram. In addition, he was convicted of four offences under the Prices Act of 1974 of delivering a lesser quantity of goods than corresponded with the price charged.

John Dove and Julian Harman, were also convicted in 2001 of two offences under the Price Marking Order 1999 of failing to display a unit price per kilogram, and of two offences of using a scale that was only capable of weighing in the imperial system.

Peter Collins, who was prosecuted in 2000, was not convicted of any criminal offence. Collins appealed to the magistrates court to have laws on his street trading licence removed. These laws, to which all traders are subject, required him to label his goods in metric quantities with imperial quantities allowed only as optional, and less prominent, supplementary units.

Nic Davison in 2008 was served with an infringement notice for selling draught beer by the litre at his Polish restaurant in Doncaster. Trading Standards officers threatened Mr Davison with a Magistrates fine of £2000, and he was obliged to change the glasses used in his restaurant. Mr Davison refused stating the supremacy of EU law over UK law when in matters of weights and measures as held by the House of Lords in 2001; thus eventually won with the case against him being dropped after appealing to prime minister Gordon Brown and his local MP Ed Miliband, who advised Doncaster Trading Standards to stop wasting taxpayers money and do something useful with their time which the taxpayer actually pays for.

Pardon campaign

Since 2001 EU weights and measures legislation has required the use of metric units for grocery goods, while permitting the use of dual-labelling of goods in both metric and non-metric units. It also provides an exception that permits the exclusive use of imperial units for draught beer, cider, bottled milk and road signs in the United Kingdom and the Republic of Ireland, without any fixed deadline. On 20 January 2005 Ireland changed speed limit signs to km/h
Kilometres per hour
The kilometre per hour is a unit of speed, expressing the number of kilometres traveled in one hour. The unit symbol is km/h or km·h−1....

. In 2007 the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....

 announced that it would postpone a 2009 deadline for exclusive metrication indefinitely, due to public pressure and concerns that phasing out dual-labelling would create a trade barrier with the United States, where dual-labelling is required.

In response to UK media reports that apparently misinterpreted the EU's announcement as an end to the existing requirement for metric labelling of grocery goods, the Metric Martyrs asked for a posthumous pardon for Steve Thoburn, who died after having his last appeal to the EU denied. Despite an early day motion
Early day motion
An Early Day Motion , in the Westminster system, is a motion, expressed as a single sentence, tabled by Members of Parliament for debate "on an early day" . Controversial EDMs are not signed by Government Ministers, PPS or the Speaker of the House of Commons and very few are debated on the floor...

 by Philip Davies
Philip Davies
Philip Andrew Davies is a British Conservative Party politician. He is the Member of Parliament for Shipley in West Yorkshire.-Early life:...

 MP
Member of Parliament
A Member of Parliament is a representative of the voters to a :parliament. In many countries with bicameral parliaments, the term applies specifically to members of the lower house, as upper houses often have a different title, such as senate, and thus also have different titles for its members,...

, the pardon was denied on the grounds that an offence had been committed under the law which was in force at the time. The 2007 EU announcement was not about a change to existing (2001) legal requirements, but rather abandoned plans for a change in 2009. Moreover, the Office for Criminal Justice Reform claimed that even if the law were to be changed, there would still be no case for a pardon "as citizens are expected to comply with the law as it is at the time".

Regulation and units of measure

See also Regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...



In the original case, several statutes were cited including the Magna Carta
Magna Carta
Magna Carta is an English charter, originally issued in the year 1215 and reissued later in the 13th century in modified versions, which included the most direct challenges to the monarch's authority to date. The charter first passed into law in 1225...

, the Acts of Union 1707
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...

 and European Communities Act 1972 (UK)
European Communities Act 1972 (UK)
The European Communities Act 1972 is an Act of the Parliament of the United Kingdom providing for the incorporation of European Community law into the domestic law of the United Kingdom. It is not to be confused with the Irish law of the same name, Act No...

.

Since medieval times, the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

 has asserted the right to regulate weights and measures in the market place. Even though the barons forced King John to accept the Magna Carta in 1215, it was issued in the name of the king. Article 35 stated Let there be one measure for wine throughout our kingdom, and one measure for ale, and one measure for corn, namely "the London quarter
London quarter
The London quarter was a unit of weight, described in the Magna Carta as the object of a standardization of weights and measures. Because no standard weight survives, and the unit was derived from the weight of "the dry grains of barley corn taken from the middle of the ear", its precise value is...

"; and one width for cloths whether dyed, russet or halberget, namely two ell
Ell
An ell , is a unit of measurement, approximating the length of a man's arm.Several national forms existed, with different lengths, includingthe Scottish ell ,the Flemish ell ,the French ell...

s within the selvedges. Let it be the same with weights as with measures.


Prior to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

 and Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...

 uniting in 1707, each kingdom enforced its own system of weights and measures. Article 17 of the Act of Union ensured that there was a single system of weights and measures across the newly created United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

by requiring that both nations adopted the English system.

In 2003 the summary of a government report stated To maintain the confidence of consumers and businesses in weights and measures the Government regulates the units and standards of measurement for trade; the design and use of weighing and measuring equipment; the provision of quantity information; and the sale of goods by quantity.

External links

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