Justice for victims of anti-social behaviour?

A recent article in The Times has discussed the coalition’s plan to scrap ASBO’s and introduce ‘Crime Prevention Injunctions’ to tackle anti-social behaviour. If a person were to breach their CPI, they face up to six months imprisonment – surely they would be considered a criminal? Oh no. If you were to be given a CPI, or even serve a few months imprisonment for breaching one, you would not have a criminal record. You see, breaching a CJI is a civil offence, not criminal. Breaching an ASBO on the other hand IS a criminal offence.

CPI’s are designed with time and cost in mind. The Government’s thinking is that by creating sanctions under civil law, anti social behaviour will be stamped out quickly, protecting victims and communities. Labour disagree however. Gloria De Piero MP has stated that the Government are ditching a “tried and tested system”. A tried and tested system, the use of which has been rapidly declining since 2005 due to the time and effort put into the casework. Furthermore, ASBO’s, introduced under the Labour government in 1998 also had the reputation of being a ‘badge of honour’ for youths who were awarded one.

Time for a change? Is there any real deterrent for those committing anti-social behaviour knowing there will be no criminal record of their offences?

Youth Justice?

A 14 year old boy was recently spared a custodial sentence at Inner London Crown Court, having pleaded guilty to being in possession of two firearms and live ammunition. He was only sentenced to a youth rehabilitation order due to his age. If he had been 16, the judge would have sentenced him to a minimum of three years in prison.

Sentencing, Judge Chapple commented that “Parliament has tied my hands almost completely. I have no power at all in the particular circumstances of your case to send you to any form of detention.”

So this begs the question, does Parliament have too much control over sentencing guidelines? Or not enough? As has been well documented, two young men were recently sentenced to four years imprisonment for allegedly using Facebook as a vehicle to incite mob violence. Where is the consistency?

Practical, proportionate paedophile provisions

A recent Court of Appeal ruling has disregarded some powers aimed at protecting children from abuse. The previous law allowed judges to ban convicted paedophiles from accessing the internet at all and even visiting their own children. This however was overturned in the Court of Appeal as these men and women have a ‘right to a family life’. Not allowing them to see their children or relatives who weren’t directly involved in the offences would be breaching their human rights.

A review by ministers has stated that the Human Rights Act has had a “chilling effect” on British Law. Philip Davies MP has stated that the criminal justice system is putting the rights of criminals before the victim. Is this really the case?

Having dealt with a large number of these cases, I for one can say that the measures imposed on some of my clients are far and above what is necessary. However,each case is different. The judges commented that not allowing those convicted of child porn cases to use the internet at all restricts the defendant in the use of what is now an essential part of everyday life.
An exceedingly difficult area to police post conviction in these chastened economic times.

Any comments fellow Tweeters, Bloggers, Facebookers or Linked-Inbetweeners?

Just been defending on a child cruelty / assault case. This is against a backdrop of recent NSPCC research suggesting children under the age of 1 year old are 1 in 8 times more likely to be killed than any other age group.

It is said that these children are often born into families whose parents have mental health issues or addiction problems. Over the decades I have represented a number of clients with similar problems. There is often more to these cases than meets the eye on first glimpse however. It is glib to say but each matter has to be assessed and instructions taken. What might appear clear-cut allegations initially, sometimes turn out to be incorrect in fact or when reconciled to the relevant law. One case was where we proved that it was in fact a sibling of the victim who caused the non-accidental injuries. The parent client was acquitted but had suffered months of stress pending her trial.

I often utilise experts such as specialist paediatricians and forensic scientists. I have extensive experience acting for clients with Aspergers / Autism and special needs.

I get referrals to act from a variety of sources including well known Family Law firms in Surrey & Sussex. Also from teachers, social workers and health visitors. Other referrals frequently come from family or friends of the suspect. However, we only act for the accused and strict confidentiality applies as per our usual professional standards. We have represented on these cases at police stations and courts throughout England & Wales.

Winter is around the corner!

Snow is forecast at the end of the month!It is certainly chilly tonight.
Andy Advice:
Do not allow your vehicle to be kept in a dangerous condition as this could lead to 3 points and a fine.
The police might deem snow on the roof of your car as a hazard, so be warned: You are on thin ice if you don't clear that compacted snow.

Graffiti: Art Or Just Criminal Damage?

We have represented many "Tag Merchants" arrested for Criminal Damage over the years. Mainly by the British Transport Police in Greater London.

The athleticism of the adrenalin artists has to be admired in tagging difficult to reach but prominent locations. But the public audience sometimes struggle to perceive it is art and especially when it is your face at a building near you.

The police have purposely avoided using the word 'artist' as they launch an appeal for help in identifying the "owner of a graffiti tag" who's accused of causing £1 million damage.

Apparently "the author of this tag" has been busy in North London and Westminster, and prolific across sidings on the tube network.

Houses, schools, monuments and old folks' homes have been targeted with the ZERX tag.

We have even represented "Taggers" in a crown court who, while waiting to be sentenced, proceeded to tag away in the court building! They were subsequently sent down for a little holiday with Her Majesty.

So, art or damage? Which side of the tracks do you come down on? Comments please.

Official Secrets & The Fourth Estate.

The arrest of journalists and pressure on The Guardian to reveal their sources is a retrograde step we believe.This follows leaks in the investigation into hacking in the Milly Dowler affair. There is to be an application by the Met Police in court next week to force the key Guardian documents to be disclosed. This is under section 5 of the Official Secrets Act 1989. We also understand that there are officers from outside the Met who are being brought in by the new Commissioner to look into the phone hacking investigation. Lawyers from M23law have experience of dealing with aspects of Official Secrets.

Riots:Our Jails Are Full.

The hue and cry of politicians and the media led to much longer jail sentences for rioters. The sentences were up to three times longer than for the same categories a year ago.The average jail term for burglary was 14.1 months compared to 8.8 months a year back. The usual imprisonment rate is around 12% but has risen to 40% after the street disturbances. Latest figures for the prison population indicates that our gaols are fit to bursting. A record 87,120 are currently under lock and key in England & Wales. There have already been more problems in the Young Offender Institutions, with gang fights. How much longer before there are riots in our prisons?

Gangs And The Riots.

Riots and Gang involvement: Home Secretary Theresa May told MPs it appeared the role of gangs was "not as high as people first thought". In London 19% of those arrested were gang members.
But there was "some evidence" gangs were involved in inciting rioting on social media, she said.
More than 2,700 people were arrested after violence and looting spread from London to other English cities.
Gangs got much of the blame for the spread of disorder - Prime Minister David Cameron promised a "concerted, all out war on gangs and gang culture", a gangs task force has been set up and former police chief of Los Angeles and New York Bill Bratton is to advise the government on the issue.
Criminality Mrs May said the Metropolitan Police and other forces were looking at the number of people arrested with known gang affiliations - the percentage of which had fallen over time, as total arrests have risen. About 25% of those arrested were juveniles, she said.
The Home Affairs Committee has already heard evidence that, of those arrested in London, about 19% were gang members - down from almost a third of those initially arrested.
It has been hard for law firms such as M23law to physically deal with the number and extent of the emergency calls for representation. However, in the great tradition of Hedley-Saunders, we survived and thrived!

Burglars Burgers & Fringe Sex Favours.

Police took murder trial witness to brothel and allowed him to take drugs. Also to have sex with a policewoman!

Supergrass criminal Karl Chapman was given special treatment because he was the main prosecution witness in  a case in West Yorkshire.
The Supreme Court found some officers took part in a "prolonged, persistent and pervasive conspiracy to pervert the course of justice".
The Police Authority said it would look at the conduct of officers involved.
The Supreme Court judgement revealed the "variety of wholly inappropriate benefits" bestowed on Chapman by officers, also included having sex with a policewoman and socialising at officers' homes.

'Gross misconduct'

Violent crimes allegedly committed by Chapman were also ignored by the force.
He received special treatment because he was the main prosecution witness in the case of Paul Maxwell.
M23law has given out witness expenses in the past, but for bus fares and not the fringe benefits as above. There was a period when the police would offer burglars burgers and visits to partners in order to facilitate post sentence (no additional penalty) "clear ups." It fell into disrepute when the burglar was found to have signed off crimes he couldn't have done as he was staying with "Her Majesty" at the time in question!

Community Penalty After Causing Death of Driver.

 

A 37-year-old man has been ordered to carry out community service after a crash in which a man in a Mini died.Alvin Atkins, of St Leonards, admitted driving with undue care and attention (known as "Careless Driving") before the crash involving an East Sussex Highways vehicle and a Mini near Herstmonceux on 17 December 2010.

The Mini driver, Daniel Martin, 31, of Horam, died on the way to hospital after his ambulance also crashed.Atkins was disqualified from driving for 12 months by Eastbourne Magistrates Court.

M23law specialises in acting for defendants in these cases.

Penal Failings and Rioters.

77 per cent of adults arrested for taking part in the August disturbances have a caution or conviction for a previous criminal offence.Justice Secretary Ken Clarke blames the penal system for failing to rehabilitate offenders.
I recall visiting the decaying Victorian gaols such as Wandsworth and Brixton. Prisoners had to defecate into a bucket not so long ago, called "slopping out" when they were emptied. Now the cells have flush toilets but basically, in my view, the prison overcrowding means that prisoners are locked up for long periods without any full scale education, group work or meaningful enterprise.
Drugs are readily available and lots of prisoners end up psychologically fragile, even if they weren't before they went in. I can often see the positive potential in young clients get denuded by ever longer captivity. Institutionalised, they frequently return to "Her Majesty" as they can't seem to adapt to life in their home communities. Pausing to party, procreate and offend en route of course. And so the cycle continues.

Shop Around For Discount Policing.

Seven security officers based in a Surrey town have been accredited with certain police powers for use within a zone around its shopping centre.
They will be able to intervene in suspected offences of theft, vandalism, minor disorder and underage drinking around The Mall in Camberley.
The powers were granted by Surrey Police's Chief Constable Mark Rowley.
Policing on the cheap? And what training and supervision will there be? Will they have to wear their uniform to work?

Mistaken Identity "Rioter" Imprisoned for Nine Days.

Following the Manchester riots, Dane Williamson was remanded in custody  even though he had given an alibi with five corroborating witnesses at an early stage. He had been watching TV. Following checks of the CCTV footage, the alleged perpetrator was found to be wearing different clothing to the detained 18 years old Williamson. The case was formally discontinued by the Crown Prosecution Service.
However, while in prison he had his flat torched and all his possessions destroyed. This client is looking into compensation.

Government Back-track on Social Media Interference?

Deputy Prime Minister Nick Clegg, on a visit to the North West, has indicated that the Coalition have no plans to seek new powers to interfere in the social media networks. This follows the heavy use of Twitter and Facebook during the recent riots.

Police Report Increase in Drink-Driving Offenders, Especially the Younger Driver.

The June crackdown on drink-driving saw a higher (8%) proportion refusing or failing breath tests.Interestingly, there was a marked increase in the proportion of under 25-year-olds testing positive; up by 15%.
ACPO's Chief Constable Phil Gormley said the increase in percentage of positive drink-driving tests showed that the police were successfully targeting the offending drivers more effectively.
M23law has recently noticed an increase in clients accused of drink-driving offences.

Criminals' Assets Sold on eBay

An account has been opened on the internet auction site eBay by Cheshire Police to sell off criminals' assets.

Under the Proceeds of Crime Act, offenders can be deprived of any financial benefit of their crimes.

They can be ordered to sell off assets in order to repay the money they have made.

The cash raised from the eBay auctions will go to the Home Office. Cheshire Police will receive a share of the profits, a spokesman said.

Det Sgt Karen Jaundrill, of Cheshire Police's Financial Investigation Unit, said: "By selling items in this way, we hope to generate a bigger income from criminal assets, which in turn will benefit victims of crime and be reinvested in local policing initiatives."

A television, DVD player, games console, vacuum cleaner and MP3 player, have been put up for auction.

Linford On The Wrong Track.

Olympic gold medallist Linford Christie has been found guilty of careless driving after he crashed his car while driving on the wrong side of the road.

Christie, 51, of Twickenham, south-west London, was cleared of the more serious charge of dangerous driving.

Aylesbury Crown Court heard Christie had crashed head-on with a taxi carrying two newlyweds on the A413 in Buckinghamshire on 8 May 2010.

The former sprinter was disqualified from driving for 15 months.

He was also fined £5,000 and ordered to pay £1,000 prosecution costs.

M23law regularly defends in these cases. Please bear in mind that the standard in careless driving is very low and easy for the prosecution to prove. 'Momentary inattention' is often sufficient.

Kids in Handcuffs

The Howard League for Penal Reform has discovered that about a quater of a million children under the age of 18 have been arrested every year since 2007.


Most shocking is that the number of kids aged between 10 and 13 years arrested was 37,187 in 2007.

The statistics are an underestimate as four police forces failed to provide the material.

M23law has a specially trained advisor to represent these young suspects.

Violent Crime: Perception, Stats and Reality.

Violent crime has apparently gone down by half in the last 14 years and yet, in surveys. most people believe it has gone up each year.
The murder rate is 1.3 per 100,000 people per year in Britain, 5 in the USA, 13 in Russia and at it's peak in El Salvador at 75!
Are the Tabloids and media generally to blame for this perception of violence around very corner, with headline grabbing stories? How many crimes go unreported? We all have anecdotal accounts of contacts who can't be bothered to report a crime, for whatever reason.
Perhaps policing has actually improved or imprisonment does act as a deterrent.
What will be the effect of a lingering, miserable recession on violent and acquisitive dishonesty crime statistics? Our court capacity is shrinking and police custody suites less busy.This may be due to demoralised police officers not arresting as many people and certainly not now there is precious little overtime. Also due to diversionary projects and officers' increasing discretion.
Do we reckon there is less crime and feel safer on our streets? Perception and recorded stats.
Discuss!

Demise of News Of The World.

Having had experience of clients facing exposure to the "Investigation" and attendant publication in the News Of The World, I am not too despondent at the demise of this title.See ECHR Shannon 2001 as an example of the fake sheikh variety.There will no doubt be other newspapers that have been indulging in these dark practices.
As one who has had a vast experience of representing clients in police stations, I am not surprised that officers have apparently been receiving income from the media. Bear in mind also that most private investigators are ex-officers who often rely on their former contacts.I am actually surprised that these issues have not surfaced years earlier. I am sceptical as to the outcome of a Met Police investigation into this murky area. Long grass and Public Inquiry ditto.

Ex-Servicemen in Prison in England & Wales.

There are nearly 3 thousand ex-servicemen currently in our prisons and following the Afghan war, this figure is likely to increase.Most start getting criminal convictions about ten years after leaving the forces. In our experience in representing ex-military offenders, they often have mental health and alcohol dependency issues. They also have an apparently greater propensity to commit sexual or violent crimes.The transition from the military 'family' to civvy street is often too difficult.

Creeper Burglars to Face Longer Sentences.

The Sentencing Council have put new proposals out for public consultation. If the victims are at home or suffer trauma, the perpetrator may expect up to six years in prison. Where a weapon is used, the Council suggest a sentence up to thirteen years.They propose up to four years for non-dwelling burglaries. The expression "Creeper" is used in police (particularly the Metropolitan Police Force) and justice circles to describe such offenders as in "there is a creeper on the premises."
A total of 17,387 burglaries were committed in 2009. 9,670 of which were the domestic variety.
In our Mr Parker's great experience, a lot of these "Creeper" burglaries are where the burglar has a drug addiction problem or where there are high value items to steal.
Final sentencing guidance is expected later this year.

Threat to Vulnerable Children.

Barnardo's Chief Executive Anne Carrie has criticised the Home Office plans to force unaccompanied children under 16 years to return home. It could push them back into potentially harmful situations.
"If police send children back to abusive or unsafe  households or move them on without consideration for the reasons behind their anti-social behaviour they could be placed in greater danger." It is believed that the Government is to discuss these views with the charity.

Selling Personal Information.

The Information Commissioner has said that there is the "modern scourge" of selling personal information illegally. This was"hugely profitable" and greater sanctions were needed to tackle it. There are calls for greater penalties as in the magistrates court the maximum fine is £5000.

The Commons Home Affairs Select Committee was informed that the profits of this selling were in millions of pounds. It will be interesting to see the reaction of the Coalition to these serious breaches.

Hot weather equals more arrests for Drink Drive and other offences.

Last weekend Sussex Police arrested 31 people on suspicion of drink driving.  Road policing officers attributed that high figure to the sunny weather. Superintendent Tony Blaker, from the Road Policing Unit, said, “It is disappointing to see this many drivers arrested in such a short period of time, even though we are used to seeing a bit of a spike during warm weather."  “Some people blatantly risk being caught, while others may unintentionally take themselves over the limit as they quench their thirsts in beer gardens or at barbecues".  “Sussex Police will continue to target these people and as 31 drivers are about to find out, it’s going to cost them a lot more than a fine and their driving licence.”

M23LAW has represented on more drink drive cases  recently, not just in the Crawley area but all over the South East. This also takes into account cases of Careless Driving and Dangerous Driving where alcohol is a significant factor.

Divine Retribution.

A thief who stole £30,000 worth of lead from church roofs was caught after he dropped a probation service letter! James Wall was jailed for 15 months after he admitted four counts of theft and asked for eight others to be taken into consideration at Oxford Crown Court.

Cyclists causing death.

There has been a campaign for the creation of a new offence of ‘causing death by dangerous or reckless cycling’ after acting for clients whose daughter was killed by being hit by a cyclist. Currently the penalty for an offence of dangerous cycling is £2200. 

A Luton MP has secured a ten minute rule bill last month which proposed that deaths caused by cyclists should be treated similarly to other road traffic deaths. While such a procedure is normally used to highlight issues and does not result in legislation, the proposed new offence will be included in a future transport bill, with other measures to update road traffic offences.

Experts are liable.

Expert witnesses have lost their immunity from being sued over the evidence they give in court cases, following a landmark Supreme Court ruling last week. By a majority of five to two in the case of Jones v Kaney, the court removed the 400 year old protection that meant expert witnesses were immune from suit for breach of duty, whether in contract or negligence, in relation to their participation in legal proceedings. 
Giving the leading judgement, Lord Phillips said the evidence did not suggest that removing immunity would discourage experts from providing their services to the court. Drawing an analogy with barristers, he said “The removal of immunity for advocates has not diminished their readiness to perform their duty, nor has there been a proliferation of vexatious claims or multiplicity of actions”.

Royal Wedding Community Payback.

·         In the cold, windswept tunnels beneath the Royal Parks they stand, in single file with mop and bucket. They are a 21st-century chain gang reluctantly returning the beauty to the grubbier corners of the royal wedding route. Over their blue boiler suits are orange jackets with the words "Community Payback" printed on the back.

·         "We set up this scheme because we wanted get the place sorted out and looking nice for the royal wedding," says Lisa Houslin, the Community Payback Scheme Manager in charge of the project. Over the next four weeks offenders with convictions ranging from driving offences to public disorder will clean the pedestrian tunnels beneath Hyde Park Corner, a key thoroughfare for the expected millions who will arrive from all corners of the globe to witness the nuptials of Prince William and Kate Middleton.

.     Community Payback, coming to a corner near you soon?

Police Priorities.

We read yesterday about a 13 year old schoolboy being investigated by Devon & Cornwall Police regarding the throwing of a marshmellow at another pupil. His father is furious at what he feels is a waste of police time and of it being quite traumatic for his son. While not knowing the specifics of this inquiry, M23LAW has defended on  many more allegations of minor Common Assault in the last decade than hitherto.
The Blair/Brown years did prioritise domestic violence of course and in many cases with due cause.  However, it will be interesting to see how an increasingly demoralised and perhaps understaffed police force deals with the less serious levels of alleged assaults.Will all the domestic violence/community safety specialist units be pared back?
In recent weeks there has been a noticeable drop in cases going through the justice system and it will be interesting to see what lasting effects the cutbacks have. We have also seen first hand the impact on young people of  being processed by police custody suites ( personal data, fingerprints, photos, DNA, interrogation etc) for the first time on relatively minor or perhaps trivial allegations.

Serial drink-drivers could have their cars seized under proposals being considered by the Government.

The powers would bring England and Wales into line with Scotland where anyone convicted  a second time is at risk of losing their car.
According to the latest figures nearly one in four motorists banned for drink or drug driving will have at least one previous conviction for the same offence
The problem appears to have worsened over the past decade. In the year 2000, 13,299 motorists received at least their second ban for driving under the influence, by 2009 this had risen to 19,605
Since the confiscation powers were introduced in Scotland in 2009, police have caught 357 repeat offenders. This has resulted in the 105 cars being seized, of which 72 have been confiscated permanently
The threat to confiscate cars from serial drink drivers is among a series of measures contained in the Government strategy.
Other changes will see offenders who are considerably over the limit will be subject to tougher controls before having their licences returned.

Derbyshire motorists hit by police crackdown.

·         Three vehicles have been taken off the road in a crackdown on motoring offences in Derbyshire.

·         Police in Tibshelf near Bolsover found eight with faulty windows, tyres or number plates - three serious enough to be unable to continue.

·         The operation also caught 44 drivers not wearing seatbelts, 10 using a mobile phone and two using red diesel.

·         Officers said the would continue to target motorists who acted in a dangerous or inconsiderate manner.

·         One of those caught using a mobile phone was issued with a summons to court as the driver already had nine penalty points.

·         Another driver was given a warning for a public order offence for using threatening, abusive or insulting language.

·         Pc Lorna Evans, said: "Unfortunately, some people are still running the risk of fines or worse by not wearing their seatbelt or using their mobile phone.”

The public will cop it?

A top cop warned last night crime will rocket as police spending is slashed. Meredydd Hughes said budget cuts will hit every area of his South Yorkshire force. Mr Hughes warns cuts will mean more crime predicted, increasing unemployment, shrinking prisons and fewer bobbies on the beat would be an explosive mixture. He also said there would be fewer units to tackle serious and organised crime while cuts in support staff would saddle officers with extra duties away from the frontline.

In a report to his police authority, Mr Hughes says: “The reduction in prison places may result in prolific offenders living in our communities as opposed to serving time. We can anticipate an increase in unemployment. This will bring additional pressures on some individuals to commit crime. All this takes place against the backdrop of fewer police and staff able to provide support to communities.”

Locals trap locals.

Police  in Derby will issue speed guns to residents so they can measure the speed of passing cars in the local area. The Community Speed Watch project is a scheme to help people reduce speeding traffic through their communities. Speeding checks have often revealed that many drivers who exceed the speed limit are in fact local to the area where they are checked.

Well, well, well what 'av we 'ere then?

Boothtown (West Yorkshire) residents chased a 21 year old suspected burglar from the scene of a break-in.
Unfortunately for the young man from Halifax, he fell down a 30foot well and had to be rescued by local firefighters after calling for help!

New 80mph Speed Limit?

The Coalition has signalled it may allow drivers to drive at 80mph. The government may attempt, after public consultation, to turn the proposal into law before the parliamentary recess in the summer. The present speed limit dates from 1965 and some suggest that the figure was decided as it was the top speed that a 1960's Ford Anglia could manage as a typical family car. Part of the consultation will discuss whether the new limit should come into effect on all motorways. 

The proposal finds support from the road safety campaign group Safe Speed. The group’s co- founder Claire Armstrong said: “To set it at 80mph is fair and reasonable as drivers are doing it any way.” “Research suggests that even if you set it at 90mph, you find people will still drive between 80 and 85mph.” Also in agreement with the plans is the AA.

In France and Italy the maximum speed limit is 81mph, while in Ireland and Spain the limit is 75mph. The economic benefit to the government of drivers spending their money on petrol. Apparently, we use 25 per cent more fuel at 80mph then we do at 70mph. Another factor in the mix is the decrease in revenue from speeding tickets. 

Contrasting views:

Kelvin Clinton the head of road safety at the Royal  Society for the Prevention of Accidents: “It would be a mistake to increase the limit on motorways because higher speeds would mean not only more crashes but more severe crashes.” “Higher speeds would also mean increased fuel consumption." Also against the move is the Parliamentary Advisory Council on Transport Safety, which has argued that an increase in speed will mean an increase in road accidents of between 5 and 10 per cent. 

M23LAW would welcome any comments on this proposal.

Criminals to exploit cuts?

The think tank Civitas reckons that the Government's 20 per cent budget cuts and pay review could encourage criminality. Criminals might perceive that police resources are stretched and be more encouraged to commit crime. This was based on a study of the 43 police forces in England and Wales.

Robbery in Crawley, West Sussex.

A security guard was tied up and assaulted during a robbery at a business park in Crawley. The man was taken to East Surrey Hospital with facial injuries following the robbery at the Tilgate Forest Business Centre. Officers were patrolling the Brighton Road at 0210 GMT on Friday 11th. March 2011 when they spotted a suspicious vehicle. A spokesman for Sussex Police said: "They entered the park and disturbed two men at the rear of the premises. "The pair ran from the area on foot and the officers gave chase but were unable to find them." When officers returned to the business park, they found the security guard tied up inside the building.

Frank Lampard Accelerates.

Chelsea and England footballer Frank Lampard has been banned for driving at more than 90mph on the A3 in Surrey. Lampard had admitted speeding in a 50mph zone in his Range Rover at Claygate at a previous hearing. Staines magistrates were told the footballer, who was not in court, was clocked driving towards London at 91mph in March 2010. He was banned from driving for 90 days and fined £850. Lampard was also ordered to pay £2,300 costs.

Police Officers Refused to attend Fatal Stabbing

Two police officers who refused to attend an incident where a woman was stabbed to death have been disciplined. The Northamptonshire officers said they were too busy to attend a house near Northampton where Louise Webster, 40, was later found dead. Her partner Martin Ashby was jailed for life last week for her murder. An Independent Police Complaints Commission (IPCC) inquiry found that although the two were close by, another officer had to disarm the suspect. The officers have received final written warnings. The IPCC concluded the officers would not have been able to save Ms Webster but would have been able to detain the suspect, Ms Webster's partner Martin Ashby, who was convicted of murder last week and assisted those who remained in danger. Police received an emergency call at 0011 GMT on 18 January 2010 from Ms Webster's home where screaming and shouting could be heard and two minutes later it was confirmed that someone had been stabbed.

Pavement Sex only "Floor Play."

This "Crazy Paving"case is similar to one that Andrew Parker represented on a few decades ago in South London:

A TEENAGER who tried to have sex with the PAVEMENT in a busy street claimed yesterday it was a drunken prank - and escaped being put on the sex offenders' list.

Motorists looked on in shock as Steven Marshall, 18, hauled down his trousers and started to simulate sex on the floor.
Marshall - drinking while taking pills for arthritis - also carried out a vile sex act in front of a horrified female taxi driver in Galashiels, Selkirkshire.
He admitted a charge of public indecency at Selkirk Sheriff Court and got 12 months probation.
Sheriff Drummond commented: "This was bizarre. Anyone who lies on the road in the daylight, is significantly intoxicated and is partially undressed has a problem."
But Marshall will NOT be put on the Sex Offenders' Register after Sheriff Drummond accepted the June offence "was not primarily sexually motivated".
Published: 18 Dec 2007 The Sun Newspaper.

Wig and Down - Descent in Court.

Old Bailey Tuesday 8th, March: A Woolwich Crown Court judge, HHJDouglas Marks Moore, rugby tackled a sex offender to the ground as he ran out of the judge's door. He successfully prevented the defendant Paul Reid from escaping from court after Reid was giving evidence from the witness box during his trial. Two years ago this defendant successfully escaped from another court.
Andrew Parker of M23LAW has also had a client who smashed through the supposedly unbreakable glass around the dock in the soon to be defunct Sutton Magistrates Court in Surrey. A few days later, Andrew persuaded the client to give himself up. He received a year in custody, which is usually the sentencing norm for this offence depending on the circumstances.

ACPO

The Association of Chief Police Officers is responsible for defining national standards and professional practice in key areas of policing. Standards and practice provide a framework which supports accountability, interoperability and improvement in working practices across the police service and its partners. In high risk areas of policing they help ensure consistency of approach, underpin training and business processes and thereby better protect the public. All standards and practice are agreed collectively by Chief Constables through ACPO Cabinet and Council before adoption. ACPO guidance and practice advice defines nationally agreed good practice for forces, but accountability as to whether to adhere to such guidance rests with chief constables who are operationally independent.
There is, for example, the ACPO Code of Practice for Operational Use of Road Policing Enforcement Technology. This has in recent years provided guidance for implementation and correct use of items such as radar and laser speed camera devices. It is currently in abeyance as it is being redrafted.

European Court of Human Rights.

Just a little bit of information on the ECHR:

The court sits in Strasbourg and was formed against the backdrop of the Second World War. British jurists or lawyers contributed.

Our parliament passed the 1998 Human Rights Act giving British judges the ability to implement the ECHR in UK courts.

When cases reach Strasbourg, the panel of judges includes a British judge.

Andrew Parker and Paul Hedley-Saunders have taken a case all the way to the ECHR on the issue of entrapment by the press. This was when we acted for an actor who was caught in a News of the World fake sheikh "sting."

John Shannon (also known as John Alford) had supplied just over two grams of cocaine, worth about £200, and a small amount of cannabis resin worth about £40 on the same date to a News of the World journalist posing as an Arab sheikh in an elaborate stratagem designed to obtain evidence of drug offences against him.

We attempted to exclude all the prosecution evidence on the ground that it was agent provocateur evidence unfairly obtained contrary to section 78 of the Police and Criminal Evidence Act 1984 which deprived the appellant of a fair trial guaranteed by article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

M23LAW believe in the ECHR as we feel that on balance it has helped protect the rights of all Britons.

Around 700 police officers in Wales are off sick or on reduced duties

Almost one in 10 police officers in Wales is either on sick leave or carrying out limited duties, according to new figures. Around 700 of 7,422 officers are unable to perform full duties, with 162 on long-term sick - 28 days or more. The Taxpayers Alliance in Wales said the figure was too high. But the Police Federation of England and Wales, which represents officers, said policing was a "contact sport" where injuries were possible. The figures have been compiled from Freedom of Information requests by the BBC Wales news website to the four Welsh forces. Steve Williams, secretary of the Police Federation in Wales, said: "Policing is very much a contact sport for want of a better term. "It very often involves violence and can lead to injury.' But Lee Canning, of the Taxpayers’ Alliance in Wales, said he believed the one-in-10 figure was too high. And he said he was concerned about the amount of bureaucracy involved before officers could return to work after an injury. The figures suggest North Wales Police has the lowest proportion of officers on sick leave or restricted/recuperative duties - one in 15. For the other forces in Wales, the figure is around one in nine or 10 officers. North Wales Police also has the fewest number of officers on long-term sick leave, despite having more officers than Gwent and Dyfed-Powys. The figures mostly relate to 21 January this year, the date the request was made to the forces.

Speed Trap - £1 million failure

An average speed system on the A 537 in the Peak District between Macclesfield and Buxton has failed to lead to a single prosecution! The system cost almost a million pounds and measures average speed. It was installed after many fatal accidents on this road.Motorists have cheated the system by using shortcuts and the scheme may now be scrapped.

Secret court forced to open doors in custody battle

A father’s struggle to be allowed to care for his autistic son made legal history yesterday when a judge ruled that the story of his ongoing battles with his local council could be made public.

Mark Neary attracted a wave of public sympathy when it first became known that the council had separated from him from the son he had been looking after for 20 years. But after the initial outcry, silence descended over the case when Hillingdon Council took it to the Court of Protection.

These courts, which deal with very vulnerable people, very rarely allow any of their proceedings to be reported. But a media campaign produced a breakthrough yesterday when Mr Justice Peter Jackson ruled that the press would be allowed into the hearings that would determine Steven Neary’s future, and could report details of the case.

Mr Neary's mistake was to turn to Hillingdon Council in December 2009 when he was suffering from flu-like symptoms. He asked them to take his son into a residential care home, supposedly for just three days to give him respite. The 20-year old's behaviour deteriorated and social workers suggested that he should be moved to a specialist behavioural unit. His father agreed. One night in April, Steven escaped from the council home in his pyjamas, met a Vicar on the street, removed his glasses and threw them on the ground. Hillingdon Council’s response was a Deprivation of Liberty Order, under which Steven was allowed home for only two hours at a time and was barred from staying overnight.

Two court hearings still have to be held. The first will consider an allegation that Hillingdon Council acted illegally by deprived by the youth of his liberty.  There is also a hearing into his future care arrangements set for Monday.

Please remember that M23LAW has acted for many suspects and defendants who fall within the autistic spectrum, such as Aspergers.

Liberty and Kettling.

Liberty asked to observe policing of anti-cuts rally

Civil liberties campaigners have been asked by police to act as legal observers at this month’s anti-cuts march, following heavy criticism of “kettling” at recent demonstrations.

The rally in central London on 26 March – three days after the Budget – is expected to attract at least 200,000 marchers in the biggest trade union show of strength for decades. In an unprecedented move, Scotland Yard and the TUC have invited Liberty to monitor the march to ensure policing is safe and proportionate.

The move follows anger over the use of kettling – confining marchers to one area for hours – during the G20 demonstrations of 2006 and last year’s student tuition fee protests.

Please see Andrew's blog of 7th. December 2010.

Bury St Edmunds Magistrates Court.

Using a mobility scooter while more than three times the drink-drive limit landed a pensioner in court.

David Hutchinson had been drinking the night before to celebrate his 65th birthday.

He admitted a charge of being drunk in charge of a pedal cycle at Red Lodge when he appeared before magistrates at Bury St Edmunds.

As the mobility scooter is not classed as a mechanically propelled vehicle, he was prosecuted for being drunk in charge of a bicycle. The court heard that at the time of the offence, Hutchinson was already the subject of a suspended prison sentence for driving a car while disqualified and with excess alcohol.

Magistrates extended the period of his suspended four-month prison sentence by three months, ordered him to pay a £75 fine and £100 costs