Public law and crime

PUBLIC LAW & CRIME By : MANUNGGAL.B,SH UNSAT MAKASSAR LEGAL NEWS MANUNGGAL BAHARUDDIN,SH

Discrimination against ethnic lawyers?
Article title: ‘Black and Muslim Lawyers Plan Breakaway Regulator’
Date of article: 16 th October 2007
Article source: The Times Online
[http://business.timesonline.co.uk/tol/business/law/article2666856.ece]
MANUNGGAL BAHARUDDIN,SH

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

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

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

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

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/sole-practitioner firms, which are more likely to receive misconduct allegations

Furthermore…
• SRA reiterated that it is the statutory regulatory body for all solicitors, and it is not possible to be regulated by anyone else

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)

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.

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.

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.

‘ ello, ‘ello, ello …. …… .. “What are you doing?” … . “Err, nowt, I’ve dun nowt” MANUNGGAL BAHARUDDIN,SH

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 .

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.”

Protecting the elderly
Article title: ‘Elderly witnesses to testify from home’
Date of article: 8 th November 2007
Article source: The Times Online
[http://business.timesonline.co.uk/tol/business/law/article2834015.ece]

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

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

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

Public law and crime

by Manunggal Amethyst

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