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.