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 | 2 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.
Criminal Justice
5 October 2009 at 18:00 | In Random | Leave a CommentYou may remember that I wrote about a series on BBC1 called Criminal Justice in the past. The series followed a fictional character, Ben Coulter, through the criminal justice system accused of Murder. He was convicted and as it turned out he was innocent. Written by a barrister, it was one of the best reflections I have seen of the Criminal Justice system which exposed many of the flaws in the system.
Well, tonight Criminal Justice returns to our screens on BBC1 at 9pm. Once again the series will follow a fictional character, Juliet Miller, on her journey through England’s Criminal Justice system.
I’ll be watching and I hope that it will be as gripping and revealing as the first series was.
Harriot Harman on Question Time
24 September 2009 at 23:17 | In Immigration Law, Politics | Leave a CommentI’m just watching Question Time and noticed that Harriet Harman was told that she was wrong when she was correct (rare I know, but she was and I feel I should point this out).
As I said, I hate to say it but Harriot Harman was correct when she said the maximum fine for Baroness Scotland was £5,000 – the £10,000 fine only applies to those who made no attempt to check that someone is entitled to work in the UK. £5,000 is the maximum fine for making enquiries but not keeping proof of those enquiries or making enough enquiries into someone’s eligibility to work in the UK; which is what the UK Border Agency found in the case of Baroness Scotland.
Saving the UK money
18 September 2009 at 14:47 | In Politics | Leave a CommentWhere should the government make savings? The answer to that is simple:
- Withdraw from Iraq and Afghanistan
- Cut defence spending
- Scrap ID Cards
- Scrap the National Identity Database
- Cut MPs expenses
- Cut ministerial salaries
- Cut MPs basic salaries (do they really need 64,766 a year for what they do – cutting the salary by £20,000 per year would instantly save £12m a year! I say go further though and half the salary saving more than £20m )
- Stop employing management consultants in the public sector (especially when the reason fro employing the management consultant is to tell you how to cut spending)
- Scrap PFI – costs the country far more than it does for the Government to actually pay for it itself.
- Scrap or cut back Trident (scrap would be preferable)
- Reduce the number of MPs we have (reduce the number by 200 to 445 would be a start; saving £129.5m a year at current salary rates or a further £64m a year at my salary figure above – on top of the savings by cutting the salary)
Telephone Numbers
8 September 2009 at 16:59 | In University | Leave a CommentAre you a student in Scotland? Rely on your mobile phone to make all your phone calls? Need to speak to SAAS or the Student Loans Company? Well the following two telephone numbers will significantly reduce the cost of these calls as they are local “01″ numbers rather than “0845″ numbers, which often cost more from mobiles.
SAAS Customer Services – 0131 476 3121
Student Loans Company (General Enquiries) – 0141 243 3900
This has been a public service announcement from Ramblings of a Scottish Student
Serach terms
8 September 2009 at 13:42 | In Random | 1 CommentFollowing on from Android and Michael’s search terms, here are some of mine for the last month. Mine are not very funny, some are concerning and the vast majority of the search terms over the last month have been related to compassion within Scots Law and the release of the Lockerbie bomber:
“lord gill’s icl disaster” – I wonder what an ICL disaster is… I’m assuming this relates to Lord Gill’s report into the ICL Stockline Plastics explosion in 2004, published earlier this year.
“i failed my law exams” – join the club…
“scots law exam” – there are many, which one are you wanting to know about?
“how should i pass my contract law exam?” – revising usually works, but given I’ve failed it twice if you discover the secret then please let me know
“paracetamol overdose” – Once again, this is very bad. Do not attempt it, yes, put the paracetamol down. Thank you.
“will a cold get me out of prison early?” – No, it won’t. Not unless the cold has somehow mutated into a terminal illness.
“is killing the Queen treason?” – Do I really need to answer that one? Yes, it is.
“what is a perverse verdict?” Well, let’s see…a verdict that is perverse maybe?
“scottish government plural” There is only one of them, thankfully.
“scottish criminal justice jury system” – all criminal trials tried on indictment have a jury of 15
“america annoyed with lockerbie bombers release” – they can be annoyed all they want, not their decision and I don’t really care.
“is it scottish law to let sick prisoners go?” – The terminally ill ones with three months or less to live yes, otherwise no.
“parole board rules for compassionate release” – They have none – the decision falls to the Cabinet Secretary for Justice.
“is torture fun?” – I wouldn’t image so…
My most read post of the last month has been my post on whether changes are needed to the rules and laws on compassionate release from prison
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