Law Weblog

Age of criminal responsibility to remain ten

Sunday 14 March 2010 at 8:39 am | In News | Post Comment It has been reported that the Government has rejected calls from their own adviser Dr Maggie Atkinson, the Children’s Commissioner to raise the age of criminal responsibility from ten to twelve.

The Ministry of Justice has dismissed Dr Atkinson’s claim that Jamie Bulger’s killers should not have been prosecuted for the crime.  Lady Justice Butler Sloss, retired President of the Family Division of the High Court, described Dr Atkinson’s proposal to change the age of criminality as “unworkable”.

Dr Atkinson claimed politicians were not putting the needs of children first because they were so influenced by the views of victims’ relatives.

Dr Atkinson described the murder of James as ‘unpleasant’ which has caused offence. There are calls for her to apologise, resign or be sacked.

Her comments come after Denise Fergus, the mother of James Bulger, met Jack Straw, the Justice Secretary, this week to discuss the return to custody of one of her two-year-old son’s killers, Jon Venables.

When Dr Atkinson’s appointment was announced in October there were doubts about her raised by MPs.  She has been in post for two weeks.

The age of criminal responsibility in England was in effect reduced from fourteen to ten by Jack Straw in 1998 when he ended the presumption that children under fourteen did not know the difference between right and wrong.

In other parts of Europe the age ranges from fourteen to eighteen.

Internet misuse by police and justice workers

Saturday 13 March 2010 at 7:34 am | In News | Post Comment The Ministry of Justice (MoJ) has disciplined more than 40 staff for internet and email offences – including sacking four and issuing final warnings to three others. The Metropolitan Police (MPS0 has dealt with 28 members of staff for similar breaches.

Misbehaviour included use of websites like Facebook and Twitter and general internet and email offences.

Five civilian staff were also disciplined by the police force for committing the same offence in the past 18 months, with one of them being dismissed.

The usage policy at both the MoJ and the MPS prohibited staff from accessing social networking websites for personal reasons in working hours.

Other staff were subject to disciplinary action for breaches of IT security policy, for example misuse of email, internet browsing and incorrect use of passwords and login details.

“MoJ policy is that staff cannot access social networking sites for personal reasons.”

Claims firm shut down by regulators

Saturday 13 March 2010 at 7:28 am | In News | Post Comment The Solicitors’ Regulation Authority (SRA) has closed down the Manchester office of Consumer Credit Litigation Solicitors (CCLS) which advised the claims firm Cartel Client Review, because of “suspected dishonesty”.

CCLS worked almost exclusively for Cartel Client Review. CCLS which was run by just one solicitor, Richard Burley.
Until mid-February the legal firm had had about 100 staff but most had walked out after being left unpaid.

The regulator said the law firm had “tens of thousands” of customers files, “which just seem to have been put in boxes”. Another firm has been appointed to take over the files. Customers of CCLS would receive letters asking them what they wanted to do with their files.

Cartel Client Review specialises in trying to challenge the enforceability of debts, such as credit cards and personal loans, as well as claiming for the refund of mis-sold financial policies such as payment protection insurance. Customers are asked to pay a fee of £495 which will be refunded if their claim is not successful.

Cartel Client Review is the subject of a separate Ministry of Justice investigation.

Saturday 13 March 2010 at 6:55 am | In News | Post Comment

Pedley v Director of Public Prosecutions 2010 (QBD)
(Meaning of ‘Children’s Playground’)
D breached a Sexual Offences Prevention Order by observing young people playing in a skate park. He was seen hiding in shrubbery using binoculars by an off duty police officer. The skate park had 20 to 35 children between the ages of 10-15 years old in it at the time.
Held: A skate park was a children’s playground for the purposes of the order. The appeal was by way of case stated.
Consideration was given to the fact that: (i) the skate park had been monitored by an officer of the authority who was also responsible for children’s playgrounds; and (ii) the majority of use of the skate park was for people under the age of 18.

Guilty

No bilingual juries in Wales

Saturday 13 March 2010 at 6:52 am | In News | 1 Comment The government has decided against selecting bilingual juries in certain cases on the basis it would outweigh the principle of random selection.

The decision follows a consultation looking at, for example, trials where large amounts of evidence are in Welsh.

It has been met with dismay by politicians who believed it could play a part in an increase in bilingualism in Wales.

Justice Minister Claire Ward said: “This decision comes down to a choice between two good and desirable things – the principle of random selection in the jury system and greater use of the Welsh language in court.

“Being tried for a serious offence by one’s fellow citizens is an important right and juries should be randomly selected from the whole community.

Participants in criminal and civil trials in Wales have the right to use the Welsh language in court and the government pays for interpreters to support this right.

The 1993 Welsh Language Act makes clear reference to Welsh and English having equal treatment when administrating justice in Wales.

Saturday 6 March 2010 at 6:14 am | In News | Post Comment Aspiring lawyers from less privileged backgrounds are finding it difficult to work in some areas of law such as housing, debt and crime if the client is on low income.

Sara Lomri, member of Young Legal Aid Lawyers, which has produced a report, The Lost Generation and Legal Aid Lawyers, says “Lawyers dedicated to helping ordinary people who cannot afford to pay for legal advice are becoming less and less representative of the people they work for,” Lomri added.

The report identifies the lack of subsidised training opportunities in legal aid and requirements for unpaid work experience, vocational course costs of between £15,000, and £11,000 and when working earning as little as £10,000.

Lomri said, “Many candidates from low-income families cannot even contemplate a career in legal aid as a result.”  I feel very strongly that class is becoming an increasing barrier in the legal profession and it will soon be the case that only the wealthy will be able to enter the profession.”

It’s quite unusual to find legal aid lawyers who come from unprivileged backgrounds.

Report in The Guardian, here

Sexualisation and violence

Sunday 28 February 2010 at 8:48 am | In News | Post Comment An independent review into the sexualisation of young people, conducted by psychologist Dr Linda Papadopoulos, was published by the Home Office on 26 February 2010. Commissioned by the Home Office, the review looks at how sexualised images and messages may be affecting the development of children and young people and influencing cultural norms. It also examines the evidence for a link between sexualisation and violence. Key recommendations include:

• the government to launch an online ‘one-stop-shop’ to allow the public to voice their concerns regarding irresponsible marketing which sexualises children, with an onus on regulatory authorities to take action. The website could help inform future government policy by giving parents a forum to raise issues of concern regarding the sexualisation of young people;
• the government should support the Advertising Standards Agency (ASA) to take steps to extend the existing regulatory standards to include commercial websites;
• broadcasters are required to ensure that music videos featuring sexual posing or sexually suggestive lyrics are broadcast only after the ‘watershed’;
• the government to support the NSPCC in its work with manufacturers and retailers to encourage corporate responsibility with regard to sexualised merchandise. Guidelines should be issued for retailers following consultation with major clothing retailers and parents’ groups; and
• games consoles should be sold with parental controls already switched on. Purchasers can choose to ‘unlock’ the console if they wish to allow access to adult and online content.

Report on Home Office website here

Newspaper boy was not employee, and so could not claim unfair dismissal

Saturday 27 February 2010 at 5:53 am | In News | Post Comment The Employment Appeal Tribunal held this week (in Bebbington v Palmer t/a Sturry News Employment Appeal Tribunal – 23/02/2010) that a 15-year-old newspaper boy, working a paper round, was not an employee.

Myles Bebbington was a schoolboy aged 14 when he started doing a paper round for his local newsagent, in Sturry, Canterbury as a “casual workers”. Pay was for work done (usually about 12 deliveries). There was no sick pay and there were no agreed holidays.

When the boys were asked to be at the shop at 6.30am ready to start their deliveries at 7.00am the boy stopped his round and claimed unfair dismissal.

The Employment Tribunal dismissed the claims on the basis of its finding that Mr Bebbington was not an employee of Sturry News. Mr Bebbington appealed to the EAT – but lost.

129 QUEEN’S COUNSEL APPOINTED IN 2009-10 COMPETITION

Friday 26 February 2010 at 7:44 am | In News | Post Comment The fourth round of appointments as Queen’s Counsel was announced today. These appointments are made following consideration by the independent Selection Panel, which recommends who should receive this highly sought-after award. All those appointed have demonstrated excellence in advocacy in the higher courts.

Professor Dame Joan Higgins, Chair of the QC Selection Panel, said today:

I have great pleasure at the announcement of these 129 names. I warmly congratulate all those whose appointment has been announced today. It is encouraging to see such a wide variety of advocates among the new appointments.

The Selection Panel believes that the quality of applications this year was higher than ever. Nevertheless, inevitably, some applicants have had to be disappointed. The standard for appointment is very high. Even if an advocate has not been appointed on this occasion it does not mean that he or she is not a valued and effective practitioner.

The Selection Panel would also like to express its warm appreciation to the 1700 assessors who provided evidence on behalf of one or more applicants and without whom the process could not have worked effectively. All the Panel’s decisions have been based solely on the evidence provided by these assessors and by the applicants themselves.

I am encouraged that the proportion of successful applicants from an ethnic minority background broadly matches that for white applicants. I am also pleased that the number of successful women applicants remains high.

It is disappointing that we have not been able to recommend more solicitors or employed advocates, after the higher number of appointments last year. But all applicants are assessed against a common competency framework and a common standard of excellence. There are no quotas, and we treat all applications in the same way. I hope that there will be further appointments in future years.

The Lord Chancellor and Secretary of State for Justice, Rt. Hon. Jack Straw MP, announced today the names of 129 Queen’s Counsel from 275 applicants.

The 129 (47% of all applicants) appointed this year included:

· 20 women applicants (43% of the 46 who applied). In the previous competition 16 women (55% of 29) were appointed.
· 17 applicants who declared an ethnic origin other than white (49% of the 35 who applied, 13% of all applicants), a higher proportion than in the previous competition when 4 applicants (27%) were appointed.
· 1 solicitor advocate (10% of the 10 who applied). In 2009 4 applications were received of whom 3 (75%) were appointed.
· 6 applicants aged 55 or over (24% of this age group) as at the closing date for applications(compared to 5 applicants (20%) in 2009)

The list will be appear here after 9am

Thursday 25 February 2010 at 2:42 am | In News | Post Comment The report by the Advisory Panel on Judicial Diversity, which ministers have accepted, calls for “positive action” to be used where two candidates are seen to have equal abilities.

It would mean women or members of minority groups being chosen over other candidates at the very end of the selection process.
The panel chairman, Baroness Neuberger, said she hoped the proposals would lead to the judiciary accurately reflecting society within ten years.

Guardian report here.