Lockerbie Appeal
30 May 2008 at 08:59 | In Criminal Justice, Criminal Law, Human Rights, Politics, Scots Law | Leave a CommentVery few people will not know what happened in the small Scottish town of Lockerbie in 1988. On 21 December 1988 a devastating act of terror unfolded as Pan Am flight 103 was blown up over the town with the loss of 270 lives. In 2001 Libyan Abdelbaset ali Mohmed al-Megrahi was jailed for life following an 84-day trial under Scots law, at Camp Zeist, Netherlands.
Abdelbaset ali Mohmed al-Megrahi has had his case referred back to the Criminal Appeal Court in Edinburgh by the Scottish Criminal Cases Review Commission. This appeal process, to date, has been highly sensitive and surrounds documents held by the United Kingdom Government, which are secret on the grounds of National Security.
Counsel for the appellant (Abdelbaset ali Mohmed al-Megrahi) are trying to get access to the documents as they may help the appellant’s appeal. However, the UK Government has argued that handing over the documents is not in the national interest. The Criminal Appeal Court now has to make several decisions surrounding these documents.
Yesterday the Lord Justice-General, Lord Hamilton, ordered that these documents be handed over to the court, with appropriate security in place, within 7 days. Three judges in “closed session” will then hear the objections to the handover of the documents.
The Advocate General (UK Government’s principal legal adviser on Scots law) has been making the Public Interest Immunity (PII) proposals to the court.
This appeal is going to be a very long and complex one with many sensitive issues that will stretch into 2009. I will keep blogging on this key appeal as it progresses.
Placement
29 May 2008 at 15:40 | In Personal, University | Leave a CommentNext year I need to undertake a 18 week placement (12 weeks of which is during the summer holidays) as part of my course. We’re barley finished second year and they’re already bombarding us with E-mails about the placement.
I’ve got five options:
- Find my own placement in the legal profession
- Find my own placement in Management
- Let the uni find me a placement in the legal profession
- Let the uni find me a placement in Management
- Don’t do a placement, have 6 weeks extra holiday and do three modules in 6 weeks instead of two modules
I’ve already ruled out number 5 as who wants to voluntarily put themselves under increased pressure (even when it means an extra 6 weeks added onto my summer holiday). During the second semester we already need to fit the work we’d do in 12 weeks for two modules into half that time, why would you add an extra 12 weeks of work into that?
I quite like the sound on number 1, but it’s getting increasingly difficult to find placements without already having contacts. Having no lawyers in the family and no lawyers as family friends I’m running a bit short on contacts. Number 3 would be the next best thing, but by leaving it up to the uni I could end up in a placement that does not interest me at all in the slightest, such as commercial or something equally as dull!
I’m not considering a career in management at all so I see going on a management placement as almost pointless. Saying that, I’d rather do one in Management than be forced into doing the extra taught module! So, that effectively rules out 2 and 4 as well.
I’m thinking about contacting COPFS, after all I have already done some work shadowing with them so, I reckon they’re my best bet for now. Other than that it’s down to researching firms that I could possibly ask about placement opportunities. Can’t actually start applying though as we’ve yet to be given the dates by the uni that we’ll be on placement (one assumes we’ll get those in September during our “Stage 3 induction day”).
The best thing about it is I can search across the whole of Scotland for a placement, I’m not limited to Anytown. This means I could look in Homecity as well (where I’ll get to live at home for 18 weeks and where there is a greater chance of finding a firm specialising in criminal law)
This looks set to be an interesting year, except from the modules being heavily based in corporate/commercial law (with the exception of Delict), which are very boring!
One Click from Capture
28 May 2008 at 20:48 | In Criminal Justice, Criminal Law | Leave a CommentI watched the BBC’s Panorama programme tonight (One Click from Capture). It was a pretty scary and sobering programme.
The programme demonstrated, once again, just how easy it is for a sexual predator to track down children through the internet. Sites such as bebo, Myspace and Teenspot are popular with people (of all ages) in the UK. Many people who use them are innocent people with no intention of harming children. However, they do provide another medium for sexual predators to groom children.
Every parent and every young person using a social networking site should watch this programme just to show them how easy it is.
If you missed the programme it can be watched again on BBC iPlayer
Medics Protest
28 May 2008 at 14:14 | In Politics | Leave a CommentToday Medical students and junior doctors protested around the UK over the scrapping of an accommodation allowance for newly-qualified doctors. The protests were as part of a wider campaign by the British Medical Association (BMA) over the issue.
It is claimed by the BMA that, as a result of the move, some Junior Doctors will be as much as £5,000 a year worse off.
The Medical Act was amended in August last year removing the requirement of Junior Doctors in their first year to live on site. This also removed the requirement for employers to offer free accommodation for doctors.
The government argues that the changes to working patterns for doctors meant that it was no longer necessary for junior doctors to be on call during their first year.
A spokesman said:
This represents significant improvements to working hours and conditions of service that junior doctors now benefit from.
In addition, salaries for doctors in training are already competitive even without free accommodation.
As the residency requirement has been removed, and taking into account all the other factors, we consider it appropriate that junior doctors are treated in the same way as other NHS staff.
The BMA said it was not industrial action and all doctors working during the protests continued to care for patients as normal.
It said the aim was to make the public aware of the issue and to persuade the government to enter into “meaningful negotiations” so that a “damaging crisis” could be avoided.
Scrap pointless prison sentences
28 May 2008 at 08:57 | In Criminal Justice, Politics, Scots Law | Leave a CommentA former prison governor who has run HMP Saughton, HMP Peterhead and HMP Glenochil has come out and said that short prison sentences are pointless and a waste of money.
Professor Alec Spencer suggests that prison sentences of less than six months should be scrapped. He argues that very little can be done with these prisoners (who serve on average just 24.2 days) in terms of addressing the reasons behind their criminality.
Professor Spencer said, “If they have got addiction problems you can’t deal with those, or if they have got some need they can’t start addressing them in that very short period of time.”
He points out that the evidence demonstrates that short custodial sentences are ineffective. He said, “For long-term prisoners who are dangerous to the public it is absolutely the right place for them, but for very short sentences there is absolutely no point and it does not reduce crime.”
He suggests that alternative community sentences should be available where a person would normally be sentenced to six months or less. The money that would be saved from sending these people to prison (about £20m a year) can be re-invested into community programmes.
He rightly points out that those sent to prison, even for a very short time, often loose their jobs and accommodation meaning they are an even bigger burden to the state when they are released. This is one of the main causes of crime in my opinion. We know from research that deprivation and crime are intrinsically linked. What use is it to society to lock someone up possibly leading them to homeless and jobless –a situation in which criminal activity fosters? The answer is none.
I’ve blogged before on how deplorable our obsession with sending people to prison is. In many cases it is counter-productive and causes more problems further down the line. Rehabilitation in prisons doesn’t work because the idea is fundamentally flawed, it’s because our policies on sentencing and support for those released from prison are.
I fully support this call and given the SNP’s previous discussion on reducing the numbers we send to prison I really do think it is something that will happen (and probably much to many people’s disgust).
Counter Terrorism Bill
27 May 2008 at 17:59 | In Civil Liberties, Human Rights, Legal System, Politics | Leave a CommentLast month I wrote to my Labour MP regarding the Counter Terrorism Bill and have received a reply to my letter which reads:
With reference to your letter received 29 April regarding the Counter Terrorism Bill.
I believe that the Counter terrorism Bill sets out measures to address the real and severe terrorist threat faced by the UK from terrorism at present. It is my understanding that the police and security services are now working to deal with more than 200 groups, totalling around 2000 individuals – the highest number ever. Further, terrorism is becoming more complex, and investigations into terrorist offences more challenging. Therefore, it is the Government’s job to ensure that they have the powers available to deal with the threat of terrorism if they need them.
In regard to the provisions of the Bill, the Government has sought to build consensus with opposition parties, and has listened closely to views of community groups and others. The current proposals are backed by Lord Carlile, the independent reviewer of terrorism legislation, senior police officers, and the cross-party Home Affairs Select Committee.
Nevertheless, I believe that it must be emphasized that the Government is [b]not[/b] seeking a permanent extension to the current pre-charge detention limit of 28 days for terrorist suspects. It is seeking a reserve power to allow a temporary and non-renewable extension to the pre-charge detention limit for terrorist suspects – which could only be used in exceptional circumstances, and only if high parliamentary and judicial safe-guards were met.
Hopefully these powers will never have to be used. However, I am led to believe that to date 6 terrorist suspects have been held for between 27 and 28 days, and the Government cannot afford to ignore the possibility that in future it may be necessary to detain terrorist suspects for longer than 28 days in certain exceptional circumstances.
Further, I can assure you that I have considered the rights and freedoms of members of our society, and I paid particular attention to the fundamental right of people not to be the victim of a terrorist attack. Therefore, it is for this reason and the reasons given above, that I will be voting for the Counter Terrorism Bill.
While I appreciate that we will not see eye-to-eye on this issue, I appreciate you taking the time to make me aware of your views on this subject. Shold you wish to discuss this matter further, please do not hesitate to get back in touch with my office.
With best wishes.
Yours sincerely
Labour MP
When I read the letter I actually laughed so hard my stomach hurt.
Firstly, it could have been written by Gordon Brown himself. It sounded identical to what the Ministers have been saying right throughout the process of this Bill going before Parliament. (For the record my Labour MP holds no Ministerial posts, nor have they in the past)
Secondly, why do we need such a long time to question terrorist suspects? The United States has TWO DAYS, France has five, Ireland has seven, Russia has five and Canada has one (this is based on the nearest thing to a ‘charge’ in each respective legal system and has been provided by Lawyers practising in each state). The UK already has the longest pre-charge detention period for terrorist suspects in the Western World. Even states with Human Rights records that are often criticised such as Russia and Turkey (7.5 days) have less. There is absolutely no reason for having such long periods, plenty manage with periods of les than a week.
We already have extensive provisions that can be used in these “exceptional circumstances” such as those within the Civil Contingencies Act. There are alternatives to pre-charge detention that should be explored such as post-charge questioning instead (many of which are far less objectionable than the policies being followed by the Labour Government.) 28 days is too long as it is.
Children Abused by Peacekeepers
27 May 2008 at 10:53 | In Human Rights | Leave a CommentToday Save the Children has released a report that makes for sickening and horrific reading. It alleges that peacekeepers and aid workers are abusing children in areas where they’ve bee sent to protect.
The BBC reports the story of one young girl who says 10 UN Peacekeepers grabed her, held her down, raped her and left her bleeding. The BBC reports that no action has been taken against these soldiers.
After research in Ivory Coast, southern Sudan and Haiti, Save the Children proposed that an international watchdog be set up. The UN has welcomed thereport and will study it carefully.
You can read Save the Children’s report, in full, here.
Flyglobespan to be prosecuted
26 May 2008 at 00:52 | In Criminal Justice | Leave a CommentScottish budget Airline, Flyglobespan, is to be prosecuted, it has been reported.
The airline has been ordered to appear before a court accused of illegally flying passengers to America in a jet that needed repairs.
It is alleged that the airline allowed a Boeing 757 aircraft (like the one pictured above) to fly from Liverpool to America after the previous flight crew had reported technical problems with the aircraft. It is alleged that the aircraft’s engine and pressure gauges had failed after taking off from New York’s John F. Kennedy International Airport.
This will be the first criminal prosecution of a British airline in over ten years and it is reported that the prosecution relates to a flight last summer.
The prosecution is being brought by the Civil Aviation Authority (CAA) following the chief executive of the airline having been questioned under caution.
A hearing has been set down for 2 July at Westminster Magistrates Court and Flyglobespan say that they will “vigorously contest any allegations” they “deem to be unjustified”.
If the airline were to be fond guilty they would face an unlimited fine. The CAA is also reportedly looking into two further incidents involving damaged planes.
Luke Mitchell v Her Majesty’s Advocate
25 May 2008 at 20:15 | In Criminal Justice, Criminal Law, Scots Law | Leave a CommentIt’s taken me a couple of days to get round to blogging on this case.
Luke Mitchell was convicted of murdering his girlfriend, Jodi Jones, at the High Court of Justiciary sitting in Edinburgh in January 2005. During February 2008 the Court of Criminal Appeal heard an appeal against his conviction and on Friday the court upheld his conviction for Murder.
Jodi’s body was found in woodland near Dalkeith, Edinburgh on 30 June 2003. She was to meet Luke Mitchell on the day she died and the path running through this woodland connected where the two lived. Jodi was age 14 at the time she was murdered and Mitchell was just under 15.
Luke Mitchell was sentenced to Life and ordered to serve a minimum of 20 years. He is appealing his sentence, but a hearing has yet to be scheduled for this appeal.
You can see the Lord Justice General, Lord Hamilton, delivering a summary of the courts judgement here
The opinion of the court can be read, in full, here (Lord Hamilton’s summary above is included at the start)
National Minimum Wage
24 May 2008 at 18:25 | In Politics | Leave a CommentA while ago I blogged about the National Minimum wage and listed a petition that has been started on the Prime Ministers official website asking him to change the law in order that people qualify for the full rate at 18, rather than the current age of 22.
To date the petition has accumulated 62 signatures in support of the move – this really isn’t enough. I feel really passionate about this subject. Quite simply, an adult should get the adult rate and an 18 year old, in law, is and adult regardless of which jurisdiction of the United Kingdom that they live in . This is nothing other than state sanctioned exploitation of 18-21 year olds.
If you support this move then please join with the petition creator and the other 61 people listed and add your name to it. The more names on the petition, the more the government is likely to pay attention to it.
The petition can be found here.
Unfortunately, you must be a British citizen or resident to sign the petition
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