Hide Notes 

Slide 1: LEGAL NEWS PUBLIC LAW & CRIME Rose Moore, Teck Chon, Robert Simpson, Christopher Dalziel
Slide 2: Discrimination against ethnic lawyers? Article title: ‘Black and Muslim Lawyers Plan Breakaway Regulator’ Date of article: 16th October 2007 Article source: The Times Online [http://business.timesonline.co.uk/tol/business/law/art icle2666856.ece]
Slide 3: Who is accusing who? • The Association of Muslim Lawyers (AML) and the Society of Black Lawyers accusing the Solicitors Regulation Authority (SRA) of racial discrimination • SRA is regulatory arm of the Law Society, and is Britain’s legal watchdog
Slide 4: How row was ignited • White employee investigated on grounds of fraud and making racist comments – but case dropped by SRA because she was pregnant • Asian lawyer investigated for overcharging client by £18 – accusation proved to be false, firm spent £14,000 on his defence • Keith Vaz asked SRA for figures
Slide 5: The accusation • Racial discrimination – ethnic solicitors are more than twice as likely to be investigated on grounds of misconduct than white counterparts • SRA figures show that, in 2006, 62% of investigations related to non-white lawyers • Non-white lawyers represent just 22% of total population of solicitors
Slide 6: Furthermore… • Rebellion AML and the Society of Black Lawyers want to break away from SRA and form own watchdog body • From next year, the Law Society will no longer be able to compel particular interest groups to sign up to it as their representative body
Slide 7: SRA’s defence • Figures in question were published last year • Large due to part of wider category which included mixed race or “other” • Black and ethnic solicitors tend to be disproportionately concentrated in small/solepractitioner firms, which are more likely to receive misconduct allegations
Slide 8: Furthermore… • SRA reiterated that it is the statutory regulatory body for all solicitors, and it is not possible to be regulated by anyone else
Slide 9: Guilty or not guilty….. of hiding?! JL (a Youth) v Director of Public Prosecutions (2007) High Court Queens Bench Division. Case source:October 8 2007, The Times: www.times-online.co.uk)
Slide 10: The Charge… • Our ‘Dwane’ (the youth) was charged and convicted with being a: • “person being found in ….. any enclosed yard, for any unlawful purpose.” Under the 1824 Vagrancy Act.
Slide 11: The Facts… • Once upon a time (16 June 2006)flat 4, of number 13 Claremont Terrace was broken into and someone chored some keys. • Two days later a Community Support Officer, behind the block of flats heard glass smashing. She saw ‘Kevin’, climb from the rear yard of number 13 into number 14.
Slide 12: And then… • When police arrived they found ‘Dwane’, ‘Kevin’ and their mate ‘Tezza’ hiding in the back yard of number 14, with the stolen keys.
Slide 13: ‘ello, ‘ello, ello …. …….. “What are you doing?” …. “Err, nowt, I’ve dun nowt”
Slide 14: A Rogue and a Vagabond • Dwane appealed against his conviction on the grounds that; • 1 - hiding from the police as such is not an unlawful purpose within the section. • 2 – even if he were involved in the burglary he still did not have unlawful purpose at the time of being discovered – it would have been just before discovery.
Slide 15: The Verdict: • The High Court allowed the appeal and quashed the conviction, stating: • “Section 4 was preventive in nature and was intended to prevent conduct escalating into mainstream criminal conduct. It should be resorted to with caution.”
Slide 16: Protecting the elderly Article title: ‘Elderly witnesses to testify from home’ Date of article: 8th November 2007 Article source: The Times Online [http://business.timesonline.co.uk/tol/business/law/ article2834015.ece]
Slide 17: The worrying facts • Up to 500,000 elderly people could be victims of street crime, bogus traders or abuse in their own or care homes – but many crimes go unreported • King’s College London found that 342,000 people aged 66 and over experienced mistreatment in 2006 (figure doesn’t include street crime) • Old people often reluctant or fearful of testifying
Slide 18: The proposal • To enable frail and vulnerable elderly people to testify from their own homes via video link • DPP has launched draft policy, and says that CPS is determined to bring perpetrators to justice • CPS will work together with police, health and social care agencies, and voluntary and community organisations
Slide 19: Key crimes targeted by CPS • Abuse or neglect by family members/care workers • Those based on vulnerability, eg. muggings, doorstep theft, rogue traders • Those motivated by hostility/hatred towards people because of their age and infirmity