Queen’s Speech
18 November 2009 at 20:36 | In Politics | Leave a CommentToday was the state opening of Parliament and Her Majesty the Queen outlined the legislative programme that Gordon Brown wishes to pursue over the coming Parliamentary year. Of course, this Parliamentary year has an election breaking it up so quite how much of the programme will get passed is something we shall have to wait and see.
Unsurprisingly many of the Bills set out in the Queen’s Speech were a response to the economic crisis. How successful the proposals set out would actually be is somewhat questionable. How effective a Council for Financial Stability chaired by the Chancellor will be is a question the needs more probing. What would the exact remit of such a council be, even in a basic advisory capacity having the Chancellor chairing it weakens its influence and scope.
I do have concerns about giving the FSA the authority to take “action” (whatever that means) on the pay of those in the financial industry. This is the nanny state creeping further in; yes some of the bonuses that the top executives at the banks were receiving were deplorable. However, trying to regulate the negotiation of Employment contracts (especially giving the FSA a veto over parts of an employment contract) isn’t something that should be encouraged. It’s back to New Labour’s micro-management of the country.
The proposed Crime and Security Bill has some good parts to it, but also some concerning bits to it. One of the most concerning proposals contained within the proposed Bill is giving the police the authority to keep DNA samples of adults who are arrested but not charged for six years. In my opinion, there should be no occasion when a person who is either not charged or charged and later found not guilty at court where their DNA can be kept on record. New Labour is determined to have everyone on a database. My objections start with the inability of the Police and Government to keep private and sensitive information safe and secure and range all the way through to the serious affront to Human Rights and the idea that everyone is innocent until found guilty. New Labour is treating us all as if we were criminals.
Working in the Energy industry at the moment gives me an interest in the proposed Energy Bill that I might not otherwise have had. The regulation on Energy Companies is already quite stringent. Giving OFGEM the responsibility for ensuring they proactively protect consumers isn’t a bad thing, so long as their powers are reasonable and that they are then used appropriately. I suspect that most energy companies already provide rebates and other forms of support for poorer customers – certainly the company I work for has very good support packages available for customers who are poorer.
The Constitutional Reform and Governance Bill has some potentially good proposals contained within it. I would like to see the treaties proposals go one step further to requiring a Referendum on treaties which give away parliamentary sovereignty to other institutions (such as the EU), meaning that future treaties such as the Lisbon treaty have to be subjected to a referendum. However, even if that were to be included as Parliament cannot bind future Parliament’s then there would be no guarantee that such proposals would continue in the future.
So, there are some of the Bills that have caught my eye and very brief views on them. As I have already pointed out, time really is of the essence with about 5 – 7 months to go before an election how many of the Bills proposed within the Queen’s Speech will be passed is anyone’s guess.
Lord Advocate challanged over alleged peadophile ring
17 November 2009 at 21:13 | In Criminal Law, Politics, Random, Scots Law | Leave a CommentThe Firm brought us exclusive news on a controversy affecting Lord Advocate Elish Angiolini QC.
In 2000 Angiolini became Regional Procurator Fiscal for the Grampian region of Scotland. At roughly the same time there was a referral of a case from Grampian Police surrounding an alleged paedophile ring. A decision was taken not to prosecute anyone in the case and the Crown Office has stated that this decision was taken on the grounds that there was insufficient evidence to prosecute. Now, what makes this so interesting to the media, and what has caused the controversy, is one of the alleged accused persons was a Sheriff, who still sits today.
The mother of the child at the centre of the alleged paedophile ring has called for an investigation to take place into exactly what the Lord Advocate knew about the case and how involved she was in the decision not to prosecute.
The case in question happened almost ten years ago and Elish Angiolini was appointed Lord Advocate in October 2006. Quite why this has raised its head just now remains unknown.
The Crown Office has issued statements defending Lord Advocate Elish Angiolini QC stating that the decision not to prosecute was taken before her appointment as Regional Procurator Fiscal Depute. In Scotland the overall decision to prosecute lies with the Regional Procurator Fiscal, with all indictable offences being prosecuted in the name of the Lord Advocate.
Mrs Angiolini was appointed Regional Procurator Fiscal in July 2000, which according to the Crown Office was after the decision not to prosecute was taken. However, the mother of the girl at the centre of the alleged ring states that a statement was given in person at Aberdeen’s Bucksburn Police Station naming her alleged abusers on 25th August 2000, by both the girl and her mother. This date clearly follows the appointment of Mrs Angiolini and if correct means Mrs Angiolini would have had some input into the decision not to prosecute (which of course is denied by the Crown Office).
The Firm magazine has alleges that it has seen correspondence addressed directly to Mrs Angiolini dated 27 October 2000 from Brian Adam MSP asking her what progress she had made with the case at that time. Mr Adam no longer holds records on the case and the current Regional Procurator Fiscal for Grampian has stated that there is no reply on record to Mr Adam from Mrs Angiolini.
There was also a serving police officer named as an alleged abuser. The officer in question is now deceased.
So far Mrs Angiolini has declined to comment on the matter.
Physician Assisted Suicide
16 November 2009 at 23:15 | In Random | 11 CommentsI was asked by a medic friend of mine what my views on Physician Assisted Suicide are. This was sparked off by a debate that the Medical School he attends was holding on the subject with speakers coming from a variety of areas within and out with Medicine. It gave me the idea to write about this subject, so, here are my views on the matter. Feel free to challenge me if you do not agree with what I am saying.
The bottom line is that I do not agree with any form of assisted suicide, regardless of whether it is a friend, relative or doctor. Just for your information, I don’t want this to turn into a post or debate about this particular subject, but I am also against abortion.
End of Life care has been changing in the developed world. As our understanding of medicine has grown we have been able to better understand how to use medication and other techniques to ensure that those whose life is knowingly coming to an end through illness and disease are as comfortable, pain free and dignified as possible.
It is my belief that rather than debating euthanasia we should be focusing our efforts on further developing the palliative care system. Systems such as the Liverpool Care Pathway are the way forward when dealing with the terminally ill and we should never be satisfied with the system we have. We should always be striving to improve them and to better understand how to treat people in the last months, weeks and days of their life.
Sadly, not a huge amount of research or funding goes into End of Life Care. I suspect this has something to do with the fact that End of Life Care is usually associated with older people. While a large proportion of the NHS budget (around half) goes on treating elderly patients, the levels of research into and funding for the research is minuscule compared to the funding and research into other health issues. If we continue to keep funding levels where they are then we will never be able to have the advances that may be possible in this area.
Often when discussing or debating this issue I am asked about the withdrawal of medication by medics and it is often put to me that such actions are tantamount to physician assisted suicide. These are points that are fairly easy to refute.
Firstly, medicine’s first priority is often curing. This means that more often than not the medication that patients are on when the decision to withdraw is taken is there to prolong life and o try and cure any illnesses. The withdrawal of the medication is simply allowing nature to take its course. Euthanasia is a deliberate act to bring about a person’s death by administering lethal doses of medicine.
The same applies to the switching off of life support. When such a decision is taken it is often the case that the body had died long ago and the vital organs are simply being kept alive by machines; in other words preventing nature from taking its course.
It’s a really complicated issue and I could keep writing on it for hours, but such a lengthy piece wouldn’t be suited to a blog entry. I feel that what I have written tells you my stance on it and points to why I have adopted that stance on the issues.
Feel free to challenge me on any of the above or to ask me questions should you wish to know more about where I stand on these matters.
Instant Justice
9 November 2009 at 23:14 | In Criminal Justice, Criminal Law, English Law, Human Rights, Legal System, Politics, Scots Law | Leave a CommentWhile writing this blog post I am going to try and refrain from mentioning the BBC’s Panorama programme (“Assault on Justice”, BBC 1, 9 Nov 2009, 20:30). While this programme has been the impetus for this blog post I am not sufficiently knowledgeable on the English Criminal Justice System to properly comment on specifics contained within the programme. However, I will make some more general points on the programme to begin with, before going into my own personal views on such methods.
It disturbs me to learn that cautions have been issued for serious offences including rape and child neglect. This would be a serious and fundamental flaw in any criminal justice system. The only proper place for such cases to be dealt with is in a court of law before a judge and jury. If I were living in England and Wales at this moment in time I would be most concerned about how criminal justice is being administered. It’s clearly being done on the grounds of cost rather than justice. The pot of money available for the justice system is finite of course, but society demands that the most serious of crimes (rape being ranked as second only to murder with regards to seriousness) be punished appropriately. A police caution is certainly not an appropriate way to deal with an offence as serious as rape. At this point I would like to invite and would welcome the comment of those in the blogging world who are more knowledgeable than I on matters pertaining to the Criminal Justice System in England and Wales.
Moving onto my own personal views on what is known as “instant justice”. I am not fundamentally against the idea of fines being issued by the police and prosecutors or police cautions. They do serve a purpose, cautioning a person or fining someone for the most minor of misdemeanours is appropriate, just and fair. It sends a signal to the public that the justice system will deal with the low level, every-day crime that has people most worried, but in an appropriate way that recognises that it is much less serious than offences such as rape, murder and serious assaults.
The problems I see with this however, is you essentially place the police and prosecutors in the position of judge, jury and executioner (to steal a commonly used phrase). This form of justice is not done in public and is open to abuse, it ignores the essential separation of powers within the justice system to ensure that both victims and accused persons are treated fairly and respectfully.
One considerable problem I have with such forms of “instant justice”, particularly when used in serious matters, is the quality of the evidence used to base these disposals on. I fear that the evidence would not be sufficient to furnish a conviction in a court of law, this is to say that the evidence does not prove guilt to the required standard: beyond reasonable doubt. This may sound inconsequential (however it is very important) as these forms of justice are creating a criminal record for someone who may otherwise have escaped punishment. However, is there really any punishment in these forms of “justice” – especially when it relates to more gave offences? There is not. Looking at it from the point of view of the accused, is it fair to criminalise someone for something without first subjecting them to due process simply so that the police or the Government can use it as an example of a “detected crime” and help to show that they are tackling crime? Or is it fair to criminalise someone for something on flimsy evidence that does not stand up to the close scrutiny that our justice system has demanded for centuries? The answer to these questions has to be that it is not fair or just.
The push for wider use of methods of “instant justice”, in England and Wales, is clearly (to both lay and non-lay persons alike) being driven by the target culture that is so clearly evident in policing. The police are under pressure to get “detections” and a caution or PND count as a detection. It is far easier to issue a caution or a PND than to take the case all the way to court and obtain a conviction.
In Scotland our forms of “instant justice” are much more limited than in England and Wales, and as panorama informed viewers the decisions of the Procurator Fiscal as to when a Fiscal Fine should be issued are closely monitored by the Scottish Government following a public uproar about their use. Now, the system works far better (but is still not yet perfect).
Giving accused persons the right to refuse a caution or fine and instead have their case heard in court could be a solution as it would force authorities to be more thoughtful in how they issue these forms of “instant justice” when it comes to those cases where the evidence is tenuous. However, the accused may opt just to take the fine or caution to avoid the hassles of court, when in actual fact, the evidence would not be sufficient enough to furnish a conviction.
I have tried not to be so one-sided in this issue, but realise I have mentioned the wrongs of this system in relation to the accused far more than I have the wrongs in relation to the victims of crime. Here, the obvious wrong is that the victim does not get justice and does not see justice being done. Essentially, when the wrong decisions are taken all loose out: the victims, the public and the accused (although there is scope for wrong decisions to work in the favour of all of these groups as well, but that does not make it right).
It is a tough and complicated system to manage and administer, but it is an essential part of our system ensuring that court time is not wasted on matters which are far too minor to warrant a court hearing while ensuring that those guilty of the most minor of misdemeanours do receive some form of sanction for their actions.
As far as Scotland is concerned, the Lord Advocate and senior judges should be issuing very clear guidelines on these forms of justice for the police and prosecutors to follow when taking decisions as to how a case is to proceed.
I have tried to keep this short, but I feel that I have not been able to do the topic justice. By its very nature the subject is a complex one that lends itself well to lengthy thought and discussion (certainly an appropriate topic for a dissertation at the conclusion of a Law or Criminology degree). I hope I have been able to convey briefly the problems of this part of our justice system, as well as its merits and my views on the matter. I feel I must end it there, before this becomes more like an essay or dissertation than a blog entry.
Again, I invite (and indeed would welcome) comments on this matter from all who have something to say on it. If you have any questions regarding my views on this matter then please do feel free to ask them either by E-mail or in a comment below and I shall do my very best to answer these.
Panorama: Assault on Justice is available to view on BBC iPlayer for seven days following its original broadcast (9/11/09 at 20:30) if you missed it and wish to watch it or indeed did see it and wish to view it again.
Coming Soon
8 November 2009 at 09:26 | In Personal, Random | 1 CommentI’m still alive. It’s been rather busy here. On Monday I started my new job. It’s totally different from what I am used to, but I have a feeling I am going to enjoy it. Everyone seems dead nice and friendly, which is always a good thing.
With regards to University I have decided that I am not going to apply for Social Work. Instead (due to financial pressures) I will give my two outstanding modules a bad in the 2010/2011 academic year via distance learning (i.e. do it all from my parents’ house). To keep my hand in at it all (and assisst with passing next year) I am going to spend this year really trying to get to grips with Contract Law which will hopefully make passing next year at my final attempt more probable.
Anyway, that’s all for now. I have some interesting things that I want to blog about, so stay tuned for that!
Doubts
27 October 2009 at 00:38 | In University | Leave a CommentRecently I have been having some doubts about my decision not to continue with Law. Thankfully I only suspended my course rather than withdrawing from it (I had intended on withdrawing, but right at the last minute decided to tick “suspend” rather than “withdraw” on the form), so at least if I do decided that it was the wrong decision I can still go back!
The doubts really started to creep in today. My mum is currently serving as a Juror and she was too scared to go to Court on her own today, so I accompanied her and went in and sat in on the Summary Court (no jury so no chance of me accidentally being in the same court room as my mum). I was sitting watching the Solicitor’s do their stuff and began to think if I had made the right decision regarding university. I know that taking a year out was the right thing – gives me a chance to re-focus and get better, but do I actually want to change course or were my health issues having too much of an impact upon my thoughts? I’m not so sure.
Last week, while walking the dog, I was thinking that if I studied Social Work and began working as a Social Worker I would no doubt find myself in court giving evidence on numerous occasions. I couldn’t help think that I might stand in the witness box regretting my decision not to give Contract Law a final go and how I could have maybe been on the other side of the witness box – the one asking the questions!
So, I’m giving a lot of thought about whether to apply through UCAS for social work starting 2010 or whether to go back in 2010 and give Contract Law one final bash.
Dispatches: Ready For a Riot
20 October 2009 at 22:12 | In Random | 1 CommentI have just watched the Dispatches programme broadcast on Channel 4 yesterday. I must say, I was getting a little fed up with Dispatches and felt it was moving in an undesirable direction over its content, but I found this programme of a reasonably good quality and addressed many of the key issues that I would have expected any balanced documentary to have done on this issue.
The programme was based on the way in which police deal with public order at large protests in the wake of the G20 disaster at the start of the year. The senior Metropolitan Police officer who took part in the programme and described G20 as a policing success must be living in an ivory tower: a man dies after officers act in a way which appears to be totally disproportionate, an officer facing potential criminal charges and widespread condemnation from the public, academics and the police watchdog cannot in anyway be viewed as a successful policing operation!
Returning to Dispatches, those interviewed who were not employed by the Metropolitan Police did speak a lot of sense. Protests in this country have largely moved to peaceful ones and where violence does happen it appears that more often than not a major contributing factor is the police tactics.
The gear that police being deployed in public order situations is very much disproportionate. I have no issues with police dressed like “Robocop” where it is needed for their safety, but deploying them in that kit from the start of the protest is a major fail. I would imagine that having that kit on changes the way an officer thinks, it also changes the attitudes of those in attendance to one that is much less compliant than it may otherwise have been: the police go ready for confrontation and appear to be seeking it out.
The focus of public order policing in the UK is very much, from what I’ve seen, more about policing civil unrest and public disorder than it is about actually keeping the peace in the first place.
The job of the police, in my opinion, at such events is two fold. First and foremost it is about keeping those who attend the protest safe and secondly to ensure that people and property around the protest is also kept safe.
I liked the community policing style adopted at the Climate Camp in August – it seemed very appropriate. You have a large number of people in an area for a number of days who are all gathered together for a common purpose: they are essentially a community; so why not police them like a community. Officers patrolling in normal, day-to-day police with officers on standby should trouble break out (just like they are when policing the “normal” communities”). It’s not an overnight fix, and there will always be individuals who will cause trouble: this is a problem with society generally and not just protests.
UK public order policing has been developed based on the riots that were common place in the 70s and 80s; modes of protest have changed and have largely become peaceful and as such the police must change their tactics in order to ensure that the police response is appropriate and moves with the times. Yes, officers need to be trained to deal with the rare situations and need to be able to handle them, but does their training need to focus solely on the extreme to the detriment of covering the norm? If the extreme is taught to the police as the norm; then officers on the ground are going to treat the norm as the extreme, after all they’ve been trained to deal with nothing else.
Frankly I found the comments of Comdr. Bob Broadhurst (Metropolitan Police) regarding the latest policing tactics in Northern Ireland dismissive and poor. As was pointed out by others in the programme the level of violence seen in Belfast and Londonderry far outstrips what happens in the towns and cities of mainland Britain. Yes, we have seen some violence on par with that of Northern Ireland, but PSNI have had to deal with a lot more incidents on that scale than the Met or any other force in the UK has had to deal with. The tactics clearly worked when they were employed by the Met – Climate Camp in August went by peacefully when tactics from PSNI were used.
Tactics such as containment can only lead to one thing: Violence. It’s very basic human behaviour that is displayed in situations such as this. When you have a large group of people in a small space, a space which is becoming smaller as the police advance forward and push the public back, then anger levels rise to points where it overflows and violence happens.
Sadly, there will always be a small number who break the rules and the police should deal with them appropriately, and by appropriately I also mean proportionately. However, policing public order has to move away from having disorder at the forefront to a model which is more at home with the way protesting has been progressing.
Dispatches: Ready for a riot was broadcast on Channel 4 on Monday 19 October 2009 at 20:00. The programme is available on 4OD to be watched at anytime for 30 days following its original broadcast. 4OD can be found at http://www.channel4.com/4od
Should the police keep all criminal records?
20 October 2009 at 12:05 | In Criminal Justice, Criminal Law, English Law, Human Rights, Legal System, Scots Law | Leave a CommentThe BBC are asking on the HYS message board whether the police should keep all criminal records. It follows a court of appeal decision to overturn a High Court decision that would have forced the police to wipe the records of over 1 million crimes. The case came after a person convicted of stealing a packet of ham costing 99p in 1984 went for a CRB check to discover that this came up.
So, should such records be kept? It’s a tough question. When one thinks of the enormous powers the police have to dispense “instant justice” meaning many receive a criminal record without ever having had the evidence tested before a court of Law and the way that the police now hand out such forms of instant justice (cautions and FPNs) like sweets. Many who receive such cautions and FPNs would be better off in a court because the evidence the police are using to issue such forms of instant justice can, on occasions, not be sufficient to obtain a conviction in court. I’m sure Inspector Gadget will just love what I’m saying, but then again I doubt he could disagree with it so far.
Since coming into power in 1997, Labour have created over 3000 criminal offences, many of which are just a slight alteration to already existing offences to make it look as though they are tough on crime. Essentially, what they have done is made everyone a criminal. On top of that the police detection targets have skewed things a lot – where the police would once have given a ticking off to a person they are now being forced to arrest people and these people will often then simply accept a caution or FPN so as to avoid having to go through court, thus pleasing senior officers and allowing them to keep their Government masters happy. In reality, what we are seeing are people who do not benefit from getting a criminal record, who are otherwise good members of society and in the past would not have gotten one being criminalised so that the detection targets an be higher than what they would otherwise be (it acts as a way of balancing out the non-detected crimes that the police will inevitably have).
Next, the way the police treat people can sometimes depend on what comes back from them on a person check. The information they get is very limited over the radio and the facts are often missed out. This can change the way they treat a person, which can lead to that person being further criminalised a lot quicker than they would otherwise have been (thus artificially inflating the re-offending rates) – this is most notable with youths.
So, should the police keep all criminal records even after the conviction has been spent? Despite all I have said above, I would have to say yes. However, the rules on how that information is used should be altered. For example, why does an employer need to know about a single act of stealing a 99p packet of meat over 20 years ago? Why would a police officer at the roadside need to know such information? The way in which the information is accessed is what needs to change.
Where convictions are spent and are not relevant to the job then they should not be disclosed on a CRB check. I would expect an adult who was convicted of assaulting a child who is the subsequently applying for a job where they are going to be responsible for children to have such information disclosed to their future employer. However, such a thing should not be a barrier to that person’s employment. The prospective employer should, then, be able to take all the information into account – maybe even ask the individual about the conviction – when reaching a decision.
Same when it comes to the police on the street – if a conviction in spent under the Rehabilitation of Offenders Act, then, the officer has no need to know about such things and the control room should not be able to see such convictions when the results come through to their computer.
It is a complex system I know, but a conviction is a conviction after all, but convictions should never be used as a way to prevent these people being upstanding members of society.
There are people on BBC’s HYS talking about national security and protecting the public, but I have every confidence in the courts that they would not have given a ruling which meant those convicted of offences that put public or national security at risk would have their records wiped. How could being convicted of stealing a 99p packet of meat in 1984 ever be seen as a risk to public or national security?
Expenses row: MP says it’s “none of your business”
12 October 2009 at 14:21 | In Politics | 1 CommentA conservative MP who was expected by party Leader David Cameron to pay back £25,000 following the expenses scandal that hit Westminster earlier this year. Today, it was revealed that she has admitted to not having yet paid back the money and telling a journalist that it was none of his business if she had or not.
Eleanor Laing MP, a senior Conservative MP, made the remark to a reporter for the free national “Metro” newspaper, a comment which I suspect will outrage the electorate.
The money we are talking about here belongs to public funds and as such is very much the business of the public. It is money that she was not entitled to and rightfully belongs to the taxpayer. MPs are entitled to some level of privacy, but when the issue is one involving taxpayers money, then the public have every right to know.
Criminal Justice Series 2: My Verict
10 October 2009 at 13:16 | In Personal | 6 CommentsI watched all of the series again this year. I felt that the first series was better than the second to begin with; however, I think that the second series came back at the end and was equally as good, if not better than the first.
Bent coppers aside (why do these things always have at least 1 corrupt police officer – or if not corrupt at least heavily misguided), I think the programme was a fair representation of the difficulty these types of cases come with.
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