Just some thoughts about the current insights into the behaviour of our beloved MPs.
The standard responses from our chosen ones is that the claims were 'Inadvertent,' 'Accounting mistakes,' or 'Genuine errors due to work pressures.' Bless.
To somehow atone for any misdemeanour, noughty cheques and apologies are dispensed before the massed ranks of the encircling media. Any resulting prosecution? Bless.
Now picture the scene in your local constituency branch of the Bill as the long -in-the-tooth CID officer hears my hard pressed businessman client rattling off the same litany of honourable excuses in a minor fraud inquiry. Even offering to pay back any oversights?Any resulting prosecution? Hmm.
Or picture the Benefits Fraud single parent up before the DSS for systematic periodical false claims. But perhaps she has not got an old coots cheque book in her kitchen drawer to ameliorate matters. Any resulting prosecution? Hmm.
The Victorian Honorable fellows tried many a method to stop the stench of the then polluted Thames upsetting their lifestyles. Curtains were closed and doused. Only a grand scheme of sewer building cleared the air.
Now the prevailing smells seem to emanate from inside the House. Would Health & Safety allow an internal cesspit in 2009? Or should the original Thorney Island on which it sits be moved out towards Gravesend? Hmm.
Enough ranting, it's a Sir Freddie's Bank Holiday weekend. The sun is bursting through the ozone and the hounds need to lift and squat.
Later.
Saturday, 23 May 2009
Wednesday, 20 May 2009
DNA profiles and Big Brother.
We have had many cases where clients are not proceeded against in a court of law (possibly cautioned) or are subsequently acquitted. The keeping of DNA profiles from these individuals on the National Database has been the subject of direction from the European Court of Human Rights in 'S and Marper v UK.' Blanket retention of these samples was said to be unlawful.The government make reforming suggestions in their Home Office consultation paper 'Keeping the Right People on the DNA Database.' Basically kept as follows:
Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.
Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?
Arrested but not convicted for minor offences: 6 years.
Arrested but not convicted for serious sexual or violent offences: 12 years.
One minor admitted offence by a child (10 to 18 years): until 18 years.
Contrast this with the law in Scotland and the rest of Europe that are building their more modest or targeted databases.
I have one prominent case in mind whereby a 15 year old client of good character in London came to me by recommendation. Arrested for the first time and I believe manifestly innocent of an allegation of rape. He was interrogated at length by the police in the presence of his parents and myself. After many beneficial inquiries he was not proceeded against and yet he has to have his DNA and fingerprints kept by the State for the rest of his life. Is this proportionate and fair or an invasion of his civil liberty and the right to a private life?
DNA profiles. A presumption of guilt or a useful and crucial investigative tool, leading to the solving of many serious crimes that would not otherwise have come to light? Where do you stand on this crucial issue?
Prison - The answer?
The total prison population as at February 2009 was 82,586. Over twice as many as were incarcerated in the mid-nineties.Twenty prisons now routinely hold over a thousand inmates.Many are two to a cell built for one or three to a cell meant for two. And very little attempt at rehabilitation; merely containment.
One major cause has been the Criminal Justice Act 2003, which created indeterminate sentences. This basically means that a prisoner has to serve a minimum period and thereafter can only be released by permission of the Parole Board. This organisation cannot cope with the number of applicants. There is consequently a log-jam of detainees needing to be assessed and possibly released under supervision back into society.
Many of our prisons are rife with drugs and bullying. Note the Chief Inspector of Prisons comments published today about a Victorian gaol that I have visited, namely Parkhurst.
Is this country really so different from other Western European democracies that imprison fewer of their citizens by a percentage of their populations? Do increasingly longer sentences work? I think not.
One major cause has been the Criminal Justice Act 2003, which created indeterminate sentences. This basically means that a prisoner has to serve a minimum period and thereafter can only be released by permission of the Parole Board. This organisation cannot cope with the number of applicants. There is consequently a log-jam of detainees needing to be assessed and possibly released under supervision back into society.
Many of our prisons are rife with drugs and bullying. Note the Chief Inspector of Prisons comments published today about a Victorian gaol that I have visited, namely Parkhurst.
Is this country really so different from other Western European democracies that imprison fewer of their citizens by a percentage of their populations? Do increasingly longer sentences work? I think not.
ACTIVE PACE - Effective representation at the police station level.
We are very effective at representing clients all over England & Wales at the investigation stage ie: the police station level.Our figures for ending the case at the initial stage are of the highest recorded. We have trademarked this concept as ACTIVE PACE.
Our clients who opt for this professional extra service find it reassuring to know they have access to our experts during the currency of their case and for informed advice and assistance.
We have just finished assisting an elderly man accused of a serious historic sexual offence which he strenuously denied. The case was discontinued thanks to our efforts on behalf of this client; who incidentally found us via Google.
He then wrote in May as follows:
'Thank you for resolving my case successfully, your help and professionalism was outstanding. I would happily recommend your company to anyone.' D.F.
Please feel free to contact us to discuss this Fixed Fee service.
Our clients who opt for this professional extra service find it reassuring to know they have access to our experts during the currency of their case and for informed advice and assistance.
We have just finished assisting an elderly man accused of a serious historic sexual offence which he strenuously denied. The case was discontinued thanks to our efforts on behalf of this client; who incidentally found us via Google.
He then wrote in May as follows:
'Thank you for resolving my case successfully, your help and professionalism was outstanding. I would happily recommend your company to anyone.' D.F.
Please feel free to contact us to discuss this Fixed Fee service.
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