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Lawyers & Lawcourts

Tuesday 23 August 2011

Twenty one police stations in Essex could be closed to the public under proposals being considered.



Opening hours would change at a further 25 stations as part of the proposals, which would save an estimated £2.5m.

An Essex Police survey found 63% of people had not visited a police station in the past year, and 94% said they would rather report a crime by phone.

People in the county will also be able to contact the police by dialling a new national non-emergency number: 101.

Among the police stations that would close to the public under the proposals are Rochford, Wivenhoe and Brightlingsea.

Nine police stations - Basildon, Grays, Harlow, Southend, Rayleigh, Colchester, Chelmsford, Braintree and Clacton - would remain open to the public between 08:00 and midnight, seven days a week.

Staff consultation
A further 16 stations, including Halstead, Witham and Billericay, would be open from 12:00 to 18:00 Monday to Saturday.

The force is consulting with staff over the proposals through the Unison trade union.

It is looking to make savings of about £41m by 2014.

Essex Chief Constable Jim Barker-McCardle said the proposals were to close front counters at quieter police stations, but that the police would remain accessible through neighbourhood action panels, surgeries run by local officers and mobile police stations in busy locations.

"I fully accept there is a perfectly logical sense of reassurance that comes from knowing the local police office or station is open for a few hours a day," he said.

"It's really important that people understand that just because a front counter might close to the public, it doesn't automatically mean the police building is going to be sold and it certainly doesn't mean that local policing has gone away."

Gaddafi instructs Essex law firm in move to regain London embassy

London law firm, which has been appointed to advise Muammar Gaddafi, has defended taking on the Libyan dictator as a client.

Shaun Murphy, senior partner at the firm, Edwards Duthie, which has its head office in Ilford, north-east London, confirmed he was the only solicitor in England and Wales acting for the Gaddafi family. He stressed that anyone was "entitled to legal representation".

On Tuesday the high court released papers confirming that Edwards Duthie, on behalf of Gaddafi, had issued a legal challenge with the aim of removing representatives of the National Transitional Council from Libya's London embassy and consulate buildings.

The firm has lodged two cases with Mr Justice Edwards-Stuart, of the Queen's Bench, alleging that the rebel diplomats are trespassing. Court papers describe the cases as The Great Socialist People's Libyan Arab Jamahiriya vs persons unknown. Claims for possession orders have been adjourned until October.

Murphy is a litigator with 34 years' experience in criminal law, child care, judicial review, professional malfeasance, and general civil litigation. He is a former president of the West Essex Law Society.

Edwards Duthie offers legal advice on a range of issues, from accident claims to wills and probate. Murphy has defended alleged murderers at the Old Bailey and in crown courts, and is a crown court recorder. Asked how he came to be appointed by the regime, Murphy said: "I don't mean to boast but if you look us up you will see we are very good."

Responding to a request for details about the appointment, he added: "All I can do is respectfully decline to comment. When I can tell you more I will try to do so. I am sure you understand there are restrictions that lawyers sometimes operate under … I do represent the Gaddafi regime and, more formally, the people's socialist republic in this jurisdiction."

Asked if he believed it right that Gaddafi should be afforded legal representation, he said: "I normally get asked this when I am representing murderers and rapists. I think the rule of law is that anybody is entitled to legal representation. I think any lawyer would agree with that."

The firm had been hired on "a general retainer" since the start of 2011, he said.

Libya's national transitional council this month appointed its own lawyers, the international law firm Hogan Lovells, to fight the cases against its diplomats in the UK.

"Libyan embassies belong to Libyan people, and the NTC has full entitlement and authority to assume those embassies and conduct diplomatic functions in its capacity as sole legitimate representative of the Libyan people," said a spokesman for the national transitional council executive committee, in a statement last week.

 

Sunday 21 August 2011

Appeal overturns mum Ursula Nevin's jail sentence over looted shots

A woman jailed for accepting a pair of looted shorts from her housemate has walked free after her sentence was reduced on appeal.

Mother-of-two Ursula Nevin, 24, was jailed for five months by a district judge last week after she pleaded guilty to handling stolen goods.

Recorder of Manchester Judge Andrew Gilbart QC today ruled the decision was "wrong in principle" as he ordered her to perform 75 hours of unpaid work for the community instead.


Greater Manchester Police last week apologised on Twitter after a previous tweet in praise of her sentence.

The strong sentences handed out to many caught up in the riots which hit major English cities last week have caused much debate, with some suggesting appeals will see jail terms much reduced.

Nevin was in bed at the time of the widespread disorder in Manchester city centre where her lodger, Gemma Corbett, helped herself to clothing and footwear from the Vans store and then took them back to the house they shared in Stretford, Greater Manchester.

Nevin wailed in the dock at Manchester Magistrates' Court last Friday as District Judge Khalid Qureshi told her she was supposed to be a role model to her two young sons and criticised her for not speaking up and ordering the stolen haul to be moved out of the house.

Judge Gilbart said today he had indicated in previous sentencing remarks on looters that a distinction could be made for people receiving stolen goods who had not been physically present during the disorder throughout Manchester city centre and Salford shopping precinct last Tuesday.

"Ursula Nevin did not go into Manchester city centre," he said. "We regard it as wrong in principle that she was subject to a custodial sentence.

"She must pay some sentence because she knew where the goods had come from.

"Seventy-five hours of unpaid work appears to be the appropriate figure bearing in mind the guilty plea."

Addressing Nevin, who had no previous convictions, he said: "You must have found yourself, in the circumstances of the last week, trapped in a circle of hell.

"The way you never get into that situation again is to show the courage to say 'no'.

"I am sure the courts will not be troubled by you again. Leave now and look after your children."

The defendant cried as the sentence was reduced, as did family members in the public gallery, including her mother.

Today's hearing at Manchester Crown Court was thought to be one of the first appeals to be heard on a sentence given at a Magistrates' Court involving the disturbances across England last week.

Michael Morley, prosecuting, said it was "perhaps to the misfortune" of the defendant that she had rented a room to Corbett, who was the sister of Nevin's then boyfriend.

Corbett - who was also jailed for 18 months today - went into the city centre with at least one other person on the evening of August 9 and later returned to the house after midnight.

Police received a tip-off that call centre worker Corbett, 24, had been boasting about her exploits by showing off photographs of the stolen goods on her mobile phone.

Corbett was arrested at her workplace in Sale two days later and police went on to search the shared house in North Lonsdale Street.

Mr Morley said: "The defendant said she was aware of Gemma Corbett bringing a number of items home.

"She had tried on one pair of shorts and kept them."

Richard Vardon, defending, said his client had been "torn" with feelings of loyalty to her boyfriend.

He said the "doting" mother had been separated from her children for the first time in their lives.

"She has been devastated by that period of separation and devastated by her first period in custody," he said.

"This is a young lady who has never been arrested.

"In her own words she says she is absolutely disgusted by those who wreaked havoc in this city.

"She is ashamed and humiliated in appearing before a public court. Hers has been a very public humiliation.

"This defendant was no part of any involvement in the looting on the streets of Manchester."

Judge Gilbart interjected: "Which is why it was wrong to send her to prison."

Mr Vardon continued to explain her part was to allow her lodger to return with the stolen goods as she was woken up while her children slept.

"She was put in a terrible posiiton," he said. "The following day she was offered a pair of shorts which, quite foolishly, she accepted."

"This offence was brought upon her by others, one who made no comment to the police.

"She has been incarcerated in an environment which she found extremely challenging."

The court was told that her relationship with her boyfriend was now over, although he sat in the public gallery to support her.

Earlier, the court was told that Corbett had got out of bed when she heard people discussing the disturbances in the street.

She put on a black hooded jumper and drove into the city centre with two or three others.

Mr Morley said: "On Church Street she saw the Vans store had already been broken into and at the time police were there standing guard.

"As it happened the police had to move on to another location to deal with other disturbances. When they moved on, she and her accomplices ran into the store.

"She picked up some items, dropped them into the car and then went back into the store.

"She said she did it because she was in debt and planned to sell them for money. She told the police she was disgusted with herself."

Corbett made off with four pairs of trainers, two pairs of shorts, a rucksack and a bag, totalling £625.

She pleaded guilty at Manchester Magistrates' Court last week to burglary.

David Toal, defending, said: "She has realised what she has done. The only evidence is that which came from her own mouth."

He said she had made frank admissions about her guilt at the earliest opportunity, in contrast to a male accomplice who made no comment to the police on the matter.

Corbett had a previous conviction for theft in January 2010, related to a shop where she was working, and was ordered to perform 80 hours of unpaid work.

That offence was committed when she was at a "low ebb" because of relationship problems and the breakdown of her parents' marriage.

However, she had got her life back on track by living with her friend, Mr Toal added.

"She had got temporary employment... Weeks before this offence she was offered a permanent position.

"It seemed at that moment everything was looking up.

"It all came crashing down on the 9th of August. Her life has now hit rock bottom.

"The only shaft of light this case has brought for her is that her relationship with her mother is even stronger."

Sentencing her, Judge Gilbart said: "You made two trips to make sure you had enough.

"I regard this as a bad case. This was an expedition into the city centre when you knew the disturbances were under way and involved the looting of shops when the police's backs were turned."

He said he was sorry to hear of her personal difficulties but said those with similar problems did not go out and commit crime.

He did say, however, that he was impressed with her "candour" and would keep the sentence at the "very bottom of the range".

With a range of between two and five years for an offence of this kind, he said he would have jailed her for two years and three months after a trial.

Taking the guilty plea into account, he imprisoned her for 18 months.

Corbett sobbed at the verdict, as did her family in the public gallery.

Before she was led down from the dock, her mother went over to her and said: "Gemma, I love you. Keep strong."

 

Cameron warned over human rights

David Cameron has been warned by senior Liberal Democrats not to try to "water down" Britain's commitment to human rights in the wake of the riots.
The Prime Minister said he wanted a fightback against "the wrong-headed ideas, bureaucratic nonsense and destructive culture" which had led to the disturbances, including the "twisting and misrepresenting of human rights".
Writing in the Sunday Express, Mr Cameron said that he was prepared, if necessary, to take on "parts of the establishment" in order to get to grips with the issue.
However former Lib Dem leader Sir Menzies Campbell made clear he faced a fight with his coalition partners if he tried to tamper with the principles of the Human Rights Act which enshrines the European Convention on Human Rights in UK law.
"The European Convention on Human Rights was one of the most important contributions which Britain made to post-War Europe. It should lie right at the very heart of our constitutional circumstances," Sir Menzies told BBC News.
"My view is that the ECHR is a fundamental right and that is something we should not depart from.
"I do not want in any sense Britain's commitment to the whole notion of human rights to be watered down."
The spat once again highlighted the tensions within the coalition as the autumn party conference season approaches, with many Tories vehemently opposed to the Human Rights Act which they would like to see repealed.
In his article, Mr Cameron said: "There are deep problems in our society that have been growing for a long time: a decline in responsibility, a rise in selfishness, a growing sense that individual rights come before anything else.
"The British people have fought and died for people's rights to freedom and dignity but they did not fight so that people did not have to take full responsibility for their actions."

 

Thursday 18 August 2011

Tough riot sentences prompt new guidelines for the courts

New guidelines to advise judges and magistrates on handing out exemplary justice to people implicated in major civil disturbances are likely in the wake of the thousands of court hearings arising from last week's riots.

The decision by judge Elgan Edwards, in Chester Crown Court, to hand down four-year prison sentences to Jordan Blackshaw and Perry Sutcliffe-Keenan – who tried to organise riots on Facebook – is reputed to have alarmed some of the more liberal members of the Sentencing Council.

The council's spokesman yesterday emphasised that they have no official view on the sentences, because they have not met since the riots, but confirmed they will issue new guidelines if requested. The case has also created tension inside the Government

 

Wednesday 17 August 2011

The Court of Appeal may be busy, according to critics who believe the sentences given to people involved in the recent riots are too severe.


Two men got four-year prison sentences after they were found guilty of trying to organise public disorder in Northwich and Warrington. Another man got 18 months for having a stolen TV in his car. One woman was jailed for six months for stealing a £3.50 case of water and another was jailed for five months for receiving a pair of shorts. When sentencing, one judge said the aim was to provide a deterrent to others.

Judge Andrew Gilbart QC of Manchester Crown Court said: "I have no doubt at all that the principal purpose is that the courts should show that outbursts of criminal behaviour like this will be and must be met with sentences longer than they would be if the offences had been committed in isolation. For those reasons I consider that the sentencing guidelines for specific offences are of much less weight in the context of the current case, and can properly be departed from."

The Prime Minister David Cameron said: "It's up to the courts to make decisions about sentencing, but they've decided to send a tough message and it's very good that the courts feel able to do that."

Liberal Democrat MP Tom Brake disagreed, telling the BBC that had these crimes been committed before the riots the sentences would have been less, adding that sentencing "should be about restorative justice [and] not about retribution".

But Communities and Local Government Secretary Eric Pickles said: "We need to understand that people for a while thought that this was a crime without consequence – we cannot have people being frightened in their beds, frightened in their own homes for their public safety. That is why these kind of exemplary sentences are necessary. I think people would be rightly alarmed if that incitement to riot got off with just a slap on the wrist."

And Conservative MP Margot James said of the four-year sentences: "I think the young men involved were inciting a riot, trying to organise the sort of mayhem that we saw on the streets eight nights ago in Salford, which would have put lives at risk and at the very least they distracted the police from trying to deal with that crisis and put a lot of fear into people."

But Labour's Paul Flynn said: "How can this make sense? How does it compare with other crimes? What will it do to prison numbers? This is not government. It's a series of wild panic measures seeking to claw back popularity."

Tuesday 16 August 2011

Human rights groups have expressed alarm over the home secretary's proposal to give the police new powers to create "no-go" areas to clear the streets in the event of fresh rioting

.

Both Liberty and Big Brother Watch demanded that the "headline-grabbing initiative" should be immediately abandoned and warned that lack of police powers was not the problem in last week's urban riots in several cities.

But Theresa May insisted it was necessary to look at giving the police the power to impose immediate curfews covering wide geographical areas in order to tackle the kind of fast-moving disturbances that swept across many of England's major cities last week. May is also keen to extend existing limited powers to impose curfews on individual teenagers aged under 16.

In a hastily arranged speech in London to senior police leaders, the home secretary defended her police reform programme, including the introduction of elected police commissioners, arguing that the events of the last 11 days had made the matter more urgent. She also rejected calls from senior police officers to halt the 20% cut in Whitehall grants to forces over the next four years and insisted that policing was about the effective deployment of officers rather than the number employed.

The home secretary publicly confirmed for the first time that she had rejected pressure to delay the appointment of the new Metropolitan police commissioner to allow a foreign national such as the US retired police chief, Bill Bratton, to apply for the job.

"As long as the Metropolitan police retains its national policing duties, including counter-terrorism, the commissioner will have a unique policing role relating to national security, which is why the post has always been held by a British national," explained May, adding she had no time for the pessimism that a tough crime fighter could not be found among the ranks of British officers.

She also confirmed that the Home Office had made clear to the police there was nothing to stop them using baton rounds or rubber bullets, and that water cannon stationed in Northern Ireland had been made available on 24-hour standby. In reply, the police had made clear that they did not want to use them and instead relied on a surge in officer numbers and more robust tactics.

She said however that the new curfew powers were being considered because existing dispersal orders – which have to be applied for in advance – were no longer adequate to meet the fast-moving nature of modern public disorder.

"Under existing laws, there is no power to impose a general curfew in a particular area, and while curfew conditions can be placed on some offenders as part of their asbo, criminal sentence or bail conditions, there are only limited powers to impose them on somebody under the age of 16. These are the sort of powers we are considering."

The home secretary is already committed to introducing new powers to extend gang injuctions to young people under 16 and strengthen the right of police to remove face coverings from individuals. This will be enacted in the protection of freedoms bill currently going through the legislative process in parliament.

Isabella Sankey, policy director of Liberty, said: "The authorities already have a range of curfew, dispersal and anti-social behaviour powers, but how useful are they in a riot scenario?

"Someone who thinks it is fine to commit violence, theft and criminal damage is hardly going to take notice of a police request to kindly leave the area. And isn't it better to arrest them for their crime than for breaching a curfew notice?" she said.

"Calls for tough new measures are predictable, but it wasn't a lack of police powers that was the problem. As the home secretary said, it was an increase in officer numbers that brought the situation under control."

Daniel Hamilton, director of the libertarian campaign group Big Brother Watch, added: "The home secretary should focus on beefing up police numbers rather than announcing headline-grabbing initiatives like this.

"The very principle of imposing blanket curfews on the British public runs contrary to any concept of liberal and democratic values. This proposal should be abandoned immediately."

Since the 18th-century Riot Act, which carried the death penalty, was repealed in 1973 there have been no powers to impose a curfew on the public in a specific geographical area. However, Labour's 1998 Crime and Disorder Act did introduce the power to impose curfew conditions on individual offenders as a condition of an asbo or as part of a criminal sentence or bail condition.

Laws that gave local authorities and the police the ability to impose a curfew in a designated area on under-16s were actually repealed two years ago. They had never been used.

A range of "dispersal powers" do enable police to order groups of people off the streets in areas where there is a risk of disorder and not return for 24 hours. They can also take home any child under 16 who is out on the streets in a dispersal zone between 9pm and 6am.

There are also other dispersal powers under "alcohol disorder" legislation. These powers require police to apply in advance to a court to declare a designated area. The Home Office recently proposed consolidating them into a single "direction power"

A letter from a journalist jailed for phone hacking, which alleges senior News of the World figures knew what was going on, has been released by MPs.



Former royal editor Clive Goodman wrote the letter to News International as he appealed against his dismissal in 2007.

Mr Goodman said hacking was "widely discussed" at the paper and that he had been promised his job back if he did not implicate it in court.

In a separate move, the Commons culture committee may recall James Murdoch.

'Constructive and open'
Committee chairman, Tory MP John Whittingdale, said that it might recall Mr Murdoch to give further evidence because it needed to ask more questions on what he knew about hacking.

Other former News International executives are already expecting to be called to give evidence to MPs in September.

Responding to the release of Goodman's letter, a News International spokesman said: "We recognise the seriousness of materials disclosed to the police and Parliament and are committed to working in a constructive and open way with all the relevant authorities."




The editor promised on many occasions that I could come back to a job at the newspaper if I did not implicate the paper”

Clive Goodman
Robert Peston: Murdochs savaged by Harbottle
Goodman is the only journalist so far to have been convicted of intercepting voice mail messages.

He was jailed for four months in January 2007 after pleading guilty to hacking phones.

News International said at the time that Goodman had acted alone and no other journalists were involved in hacking.

In early February of that year, Goodman was told he had been dismissed for gross misconduct, prompting his appeal to News International's director of human resources, dated 2 March.

The letter, published on the MPs' committee website, was copied to Les Hinton, News International's then executive chairman, and Stuart Kuttner, the then managing editor of the News of the World.

Appealing against his dismissal, Goodman wrote: "The decision is perverse in that the actions leading to this criminal charge were carried out with the full knowledge and support of [redacted] … payment for Glen Mulcaire's services was arranged by [redacted].

"The decision is inconsistent because [redacted] and other members of staff were carrying out the same illegal procedures.

"This practice was widely discussed in the daily editorial conference, until explicit reference to it was banned by the Editor. As far as I am

Monday 15 August 2011

Magistrates have been told that they can ignore sentencing guidelines and hand down more draconian penalties to rioters and looters.

Courts are being advised that the scale of last week’s civil disobedience means that offences committed during the riots should be dealt with more harshly.
The memo, sent late last week by the capital’s most senior justice clerks, led one magistrate to warn that any offenders involved in the “anarchy” can expect a prison sentence.
Magistrates appear to have heeded the message, as figures released by the Ministry of Justice last night disclosed that two in three people charged in connection with the riots and looting have been remanded in custody.
In other developments:
* Theresa May, the Home Secretary, will today indicate that thousands more officers will be trained as riot police, but will deepen the row with chief constables by insisting that controversial reforms will go ahead.

* An official investigation into the causes of the riots will be announced by Nick Clegg, the Deputy Prime Minister, but he will stop short of a full public inquiry.
* David Cameron yesterday pledged to turn around the lives of 120,000 dysfunctional families, despite criticism from Ed Miliband, the Labour leader, that he was resorting to “gimmicks”.
* Downing Street conceded that Bill Bratton, the former New York and Los Angeles police commissioner, is unlikely to become the next head of the Metropolitan Police.
* Scotland Yard last night released CCTV footage showing two police officers being run over as they were chased by rioters. Both were taken to hospital.
Details of the memo to the courts emerged yesterday as Daniel Anderson, a 25-year-old father of three from Croydon, was jailed for six months after admitting handling stolen goods. Anderson was found with two new guitars, an amplifier and a flat-screen television.
Novello Noades, chairman of the bench at Camberwell Green magistrates’ court in south London, said: “What was happening on our streets last week was anarchy. The very fabric of society was at risk. Anyone with any involvement must be dealt with as severely as we possibly can. Only custody is appropriate.”
The magistrate added: “Our directive for anything involved in rioting is a custodial sentence. So the question is whether our powers are sufficient or not. It is a very, very serious matter.”
The guidance for tougher penalties was issued amid growing concerns that courts were being soft on offenders. Looters and rioters walked free last week in a series of cases, including David Atoh, 18, who admitted stealing two designer T-shirts in Hackney, east London.
A magistrate told him the two days he spent in a cell awaiting his hearing was adequate punishment and freed him. Despite Mr Cameron’s pledge that young offenders would face punishment, a string of juvenile criminals were allowed to return home to their parents.
They included a 12-year-old boy who admitted stealing a £7.49 bottle of wine from a Sainsbury’s in Manchester and was given a nine-month referral order.
The boy appeared ashamed of his actions, but after the hearing he and his mother swore at reporters. In Nottingham, an 11–year–old girl, who left primary school last month, smirked and refused to apologise when put before a judge.
Senior justice clerks in London subsequently told judges that they could overlook sentencing guidelines to take into account the “exceptional” level of the disorder. It is likely to mean that more offenders are being passed up to the Crown Court as judges there can hand out longer terms.
James Clappison, a Conservative member of the Commons Home Affairs Committee, called for magistrates elsewhere to be given similar instructions.
“The courts need to recognise the breakdown of law and order that took place,” he said. “We need to see tougher sentencing to deter future offending. The sad fact is that many people must be sent to jail.”
The Ministry of Justice last night disclosed that 65 per cent of people charged in connection with the riots and looting have been remanded in custody, compared with 10 per cent for serious offences last year. A total of 1,179 people have appeared in court on charges relating to the riots.
Magistrates retain the right to ignore advice from clerks and a Judicial Office spokesman said there had been no separate directive on sentencing from the senior judiciary.
An HM Courts Service spokesman said: “Magistrates in London are being advised by their legal advisers to consider whether their powers of punishment are sufficient in dealing with some cases arising from the recent disorder.”

 

Saturday 13 August 2011

Claim Murdoch paper had police tip-off on murder

BRITAIN'S police watchdog is investigating claims that a police officer handed information on the murdered teenager at the centre of the phone hacking scandal to Rupert Murdoch's News of the World.

The Independent Police Complaints Commission said it had received a report from the police force in Surrey, south-east England, that one of its officers tipped off journalists about Milly Dowler's case.

She went missing in 2002 near her home in Walton-on-Thames near London, sparking a high-profile manhunt.

 

Weekend opening for courts dealing with riots

Weekend sessions have been held in courts across the country as the number of people charged for riot-related offences reaches more than 1,000.

About 30 riot-related cases were heard at Manchester Magistrates' Court.

Politicians have been out visiting areas affected, with Ed Miliband in Hackney and Nick Clegg in Manchester.

Some 2,250 people have been arrested and extra police numbers are being maintained over the weekend, one week on from the first disturbances.

Other developments related to last week's rioting in London, the East and West Midlands, Manchester, Liverpool and Gloucester, include:

US "supercop" Bill Bratton, the prime minister's new crime adviser says communities cannot "arrest their way out" of gang crime
Two men have been arrested over the death of Trevor Ellis, who was found with bullet wounds in a car in Croydon, south London, during Monday night's rioting
Families of three men killed when hit by a car in Birmingham during the riots have praised people for their response, as police arrest two more suspects and are given more time to question three people who were already arrested
Images of suspects continue to be displayed to shoppers on a large city centre screen in Birmingham
Deputy Prime Minister Nick Clegg has been visiting Manchester, where more than 100 premises in the city and in nearby Salford were looted during disturbances
Merseyside Police have released CCTV images of suspects thought to be involved in rioting
Courts have been working consecutively for the last four nights to hear riot-related cases.


The parents of a 14-year-old boy who stole from a supermarket during rioting have been commended for handing him in.

The boy travelled with friends to Manchester to see the trouble but were scared by the mobs and decided to leave.

As he passed a supermarket with a broken window, the boy reached in a took a packet of chewing gum. It was enough to get his image - caught on CCTV - in a national newspaper.

His parents saw it and were described in court as being disgusted. They marched him to the police station and he admitted burglary with intent to steal.

The district judge asked his parents to stand up in court and congratulated them on their response, saying more parents should take their responsibilities so seriously.

Giving the boy a nine-month referral order, the judge told him his actions had not been stupid but simply dishonest.

BBC correspondent Katherine Downes at Westminster Magistrates' Court said magistrates will close at about 2000 BST and restart on Sunday.

She said: "It's very unusual for courts to sit on a Sunday but then this is an unusual week."

On Saturday court cases dealt with included Reece Donovan, 20, of Cross Road, Romford, east London, who was remanded in custody after he was charged with robbing Malaysian student Asyraf Haziq in Barking on Monday.

Elsewhere, Edward Adeyemi, 19, from Enfield, north London, was charged with taking an iron grid out of the ground and smashing his way into a sports store, allowing scores of people to loot the business in Manchester.

Manchester magistrate Richard Monkhouse warned against a "knee-jerk reaction" to the violence.

"Simply to say that locking somebody up is the only option is not sensible," he said.

"Sometimes you think, well, are we actually trying to do this too quickly. Are we trying to do this without all the full information that magistrates can assess what the seriousness of the offence and who the offender is?"

Human rights barrister Matthew Ryder said rushing cases through court was a "recipe for problems".

"A fair result's much harder to attain if you're trying to do things very, very quickly. It may mean that people who have a minor role will be elevated and people who have a serious role won't be properly identified," he added.

 

Friday 12 August 2011

10 more men have been arrested in connection with messages they posted on Facebook allegedly encouraging people to riot in the UK.


Scotland Yard vowed to track down and arrest protesters who posted “really inflammatory, inaccurate” messages on Facebook, but it didn’t stop at just two people. While two teenagers were arrested this week in connection with messages posted on Facebook allegedly encouraging people to start rioting, 10 more have now joined them, according to the BBC.

Two are from St Leonards-on-Sea. 27-year-old Nathan Sinden, who is alleged to have posted Facebook messages encouraging criminal damage and burglary, has been remanded in custody. Arrested on Wednesday, he appeared before Hastings Magistrates’ Court this morning. An 18-year-old man was arrested on suspicion of making threats to kill. He has been freed on police bail until August 22.

Two men from Lancashire have been charged after allegedly posting messages encouraging disorder on Facebook. 25-year-old Christopher Schofield and 19-year-old Warren Calvert have been charged with intentionally encouraging or assisting in the commission of an either way offence, believing it would be committed. Schofield was bailed to appear before Burnley Magistrates’ Court on August 15 and Calvert is due at Lancaster Magistrates’ Court on August 25.

Cheshire police say a 24-year-old man from Runcorn, a 22-year-old man from Warrington, and a 16-year-old boy from Macclesfield were also arrested on Wednesday and remanded in custody. The three will appear before magistrates today, accused of inciting public disorder through postings on Facebook and other social networks.

In Guernsey, three men were accused of misusing Facebook. They were charged and bailed for allegedly trying to use the social network to incite a riot, which is an offence under the island’s telecommunications law.

Merseyside Police arrested three men from the L8 area this afternoon on suspicion of violent disorder in the wake of this week's riots.

Two of the men, aged 47 and 17, were arrested following the execution of warrants at addresses in L8.

A third man, 27, was arrested following a stop check on a car in Wirral.

Officers also seized thousands of pounds worth of cash from one of the addresses.

The three men arrested have been taken to police stations on Merseyside where they will be questioned by detectives.

Police have raided houses overnight, rounding up suspects from four nights of unrest in London and other English cities.


Over 1500 people have been arrested, including three over the deaths of three men who were hit by a car in Birmingham while protecting shops from looters.

It came as British Prime Minister David Cameron told Parliament he would look to the United States for solutions to gang violence, promising authorities would get strong powers to stop street mayhem erupting again.

Decisive action

Cameron told lawmakers he was "are acting decisively to restore order on our streets."

Acknowledging that police had been overwhelmed by mobile groups of looters in the first nights of the rioting, Cameron said authorities were considering new powers, including allowing police to order thugs to remove masks or hoods, evicting troublemakers from subsidized housing and temporarily disabling cell phone instant messaging services.


He said the 16,000 police deployed on London's streets to deter rioters and reassure residents would remain through the weekend.

"We will not let a violent few beat us," Cameron said.

During a Parliament session lasting almost three hours in which he faced 160 questions from lawmakers, Cameron promised tough measures to stop further violence and said "nothing should be off the table."

He said that included water cannon and plastic bullets though senior police have said they don't feel the need to use those at the moment. He also said officials would look at "whether there are tasks that the army could undertake that would free up more police for the front line."

Arrests over men killed protecting shops from looters

Cameron's strong stand came as detectives arrested two youths and a man on suspicion of murder after three men were hit by a car in Birmingham while protecting shops from looters have

West Midlands Police said the suspects - aged 16, 17 and 26 and all from Birmingham - had been detained by officers.

Witnesses and family members said the victims had been part of a group protecting the Winson Green area of the city from looting after local people had left a local mosque.

The father of Haroon Jahan, one of the men who died, said the hit-and-run incident "makes no sense".

"I've got no words to describe why he was taken and why this has happened and what's happening to the whole of England," Tariq Jahan told the BBC.

"It makes no sense why people are behaving in this way and taking the lives of three innocent people."

Another witness said the incident happened after a car was set ablaze in a nearby street and youths gathered, prompting local people to defend a local shopping area.

"They lost their lives for other people, doing the job of the police," Mohammed Shakiel said outside the hospital where the men were taken, prompting around 200 people to gather in support.

"They were protecting the community as a whole."

Social media in the spotlight

Cameron has also said the government was looking at banning potential troublemakers from using social media, after it was used to organise riots across Britain this week.

"Everyone watching these horrific actions will be struck by how they were organised by social media. Free flow of information can be used for good. But it can also be used for ill,'' he told lawmakers.

"And when people are using social media for violence we need to stop them.

"So we are working with the police, the intelligence services and industry to look at whether it would be right to stop people communicating via these websites and services when we know they are plotting violence, disorder and criminality.''

Numerous people have been arrested across Britain for allegedly using Facebook, Twitter and BlackBerry Messenger (BBM) to incite violence during the riots that laid waste to parts of London and other major British cities.

Nathan Sinden, 27, appeared in court in Hastings on the southern English coast on Thursday for allegedly inciting criminal damage and burglary.

The court heard that messages included: "Let's start a riot in Hastings. Who is on it?'' and "Looting it is then today. Who is up for shopping?''

Police in Hampshire, southern England, have also arrested a man, 27, and woman, 25, on suspicion of using Twitter to incite violence, and a third, 27, for using BBM, an encrypted alternative to texting in which messages can be shared.

Fears of rough justice as courts rush to process riot arrests

Concerns are growing that those involved in the riots and looting of the past few days will get rough justice because of the speed with which they are being shunted through the judicial system amidst public and political desire for retribution.

Experts also have anxieties about the ability of an overcrowded prison system to cope with the influx.

So far more than 1,600 people have been arrested in connection with the violence and looting, and more than 500 have appeared in court.

Harry Fletcher, assistant general secretary of the probation officers' union Napo, estimated on Thursday there would be an extra 1,500 cases for the London courts, and 2,500 in total across England, just based on numbers of suspected looters and rioters identified so far.

More arrests were made on Thursday and they are likely to continue for some time as participants in the mayhem are identified from CCTV pictures.

"There is real concern as to how they can process this sort of work at a time when resources are incredibly tight," said Fletcher. He said he feared that proper assessment of motivation and social circumstances would not take place.

Magistrates, sitting through the night, have already handed down sentences in spite of having to find people at short notice to write social inquiry reports.

Fletcher said: "Motivation is complex. We have here greed, opportunism, wilful vandalism, and intense dislike of the police." It was not like the political and race riots of the 80s, he said. "It is essential officers take time and are reflective before they reach conclusions. That will be very difficult to do, given the evidence from government that they want swift justice and visible justice."

In the Commons, David Cameron made clear he expected the courts to be tough.

He said: "Anyone charged with violent disorder and other serious offences should expect to be remanded in custody – and anyone convicted should expect to go to jail. Courts in London, Manchester and the West Midlands have been sitting through the night, and will do so for as long as necessary. Magistrates courts have proved effective in ensuring swift justice. The crown courts are now starting to deal with the most serious cases. We are keeping under constant review whether the courts have the sentencing powers they need, and we'll act if necessary."

Those people charged with less serious offences might expect a community sentence, but Fletcher said early returns from some of the London magistrates suggested that at least half of the people who had appeared in court had got previous convictions. "Significant numbers will have breached community orders." He said that that could lead to jail sentences.

Inmate numbers in England and Wales are at a record high. In June there were 85,000 people behind bars, double the number in 1992-93 when Ken Clarke was home secretary.

Juliet Lyon, director of the Prison Reform Trust, said the judicial system was going to be under strain but that it would cope. "For a beleaguered justice system facing swingeing cuts, a massive influx of suspects and offenders will present real difficulties," she said. "But never underestimate the determination of an independent judiciary to ensure that due process is observed, or the discipline of the prison service and its capacity to cope with those sent down by the courts."

She thought that restorative justice, where offenders work to make amends to those they have wronged, would be a better solution for lesser offenders than an overcrowded prison.

"There will be some whose offending has been so serious or violent that there can be no alternative to custody. For others, the sanction could be restorative measures to ensure people take personal responsibility for making amends. Once order has been restored, the question will be how to build cohesive communities where prison occupies an important place of last resort."

There was no shortage of places in children's prisons, however.

John Drew, chief executive of the Youth Justice Board, said there were hundreds of empty places. "There is plenty of capacity in the system – more than 300 empty beds last night in young offender institutions, secure training centres and secure children's homes," Drew told the website Children & Young People Now. "We are more than able to deal with any upsurge in demand."

The Ministry of Justice was also confident that courts and prisons could cope.

"Courts and prisons are working around the clock to ensure that anyone involved in the criminal activity that has blighted our streets recently is brought to justice swiftly," it said. "More than 530 defendants have so far been brought before the courts and the majority of those charged have been remanded into custody. These unprecedented measures will continue for as long as necessary.

"We have made sure both our courts and our prisons have the capacity to deal with those who have broken the law. There is substantial capacity in the prison system (currently there are 2,500 unused spaces within the estate)."

Justice by numbers

As a sign of the tough justice being meted out to people charged with offences relating to the riots, a Guardian analysis of 124 cases heard before magistrates has found the majority of defendants being remanded in custody – even after guilty pleas to relatively minor offences.

As hundreds of cases fly through specially-convened night sittings by magistrates, the Guardian is cataloguing who is going to court and what is happening to those people.

In the cases the Guardian examined, those found guilty were mainly receiving prison sentences, or being passed on to higher courts for sentencing. A fifth of the cases ended with a sentence; the majority of those were custodial, bringing an average of just over four months.

Of the 1.7 million cases heard before magistrates last year only 3.5% led to remand in jail. This week the rate is at nearly 60%.

Thirty (or 24%) of the 124 cases the Guardian has looked at have been committed to the crown court.

We have compiled this list from magistrates' sessions, either attended on Thursday or on Wednesday by our reporters, as well as from news agencies' reports or from compilations done for us. It is a partial list and might always be, considering that more than 1,600 people have been arrested since the UK riots began on Saturday.

The Met police claim that about half of the 240 people who have appeared in court so far, charged with being involved in the riots in London, are under 18.

Our analysis also shows up the young age of those arrested and charged. Nearly 80% of those who have appeared in court have been under 25. Of the cases we looked at, 22 concerned people aged 11 to 17. Only a small number were aged over 30.

People now facing court charged with riot-related offences are overwhelmingly young, male and unemployed. We found four females in court so far, one of whom was 16. We found 11 cases where bail had been granted, and those were mainly children under the age of 18.

We have identified a few fines, mainly relating to a group of 18-year-olds from Liverpool who were arrested by police wearing face masks.

 

Friday 5 August 2011

Top hedge fund Rubicon sues former managers

Rubicon Fund Management, one of the top-performing hedge fund firms during the credit crisis, is suing two former partners over a rival firm it claims they secretly planned to set up following an acrimonious internal dispute.

Rubicon, based in London's upmarket Mayfair district, has issued legal proceedings against Tim Attias -- a former boyfriend of model Jerry Hall -- and Santiago Alarco, the former managers of Rubicon's Global Fund, claiming they "behaved dishonestly in failing to disclose" plans for a new firm.

It is also suing Catherine Cripps, who recently left her position as fund of funds manager and head of the research team at fund manager GAM, which was until recently a major investor in Rubicon, a claims document showed.

The case, which centres on a new firm called SATA Partners that Attias and Cripps set up in June, highlights the bitter internal disputes that can arise in a secretive industry dominated by star managers, and the vast sums they are often paid.

Rubicon claims that the three managers "conspired and combined together to set up a new entity" that would compete with Rubicon, breaching agreements signed by the firm's partners.

A lawyer at Herbert Smith, the firm named as acting for SATA in a regulatory filing dated June 2011, could not be reached for comment. Alarco could not be reached for comment.

Attias quit the firm in January this year in the wake of a disagreement between the partners, while Alarco resigned in March.

GAM pulled out the nearly $550 million it had invested in Rubicon, whose total assets were $1.4 billion last year, in February, March and April, the claim said.

A source with close knowledge of the case told Reuters that problems within the firm had begun to surface after founder Paul Brewer suffered a near-fatal riding accident in summer 2009, keeping him away from work until late 2010.

"The issue began to develop while Paul was away...By the end of the year, relations between the partners had become very, very strained," the source said.

Rubicon also claims that it would not have paid almost 6 million pounds to Attias and more than 11 million pounds to Alarco, had it been aware of the plans to set up SATA.

Rubicon's Master fund was one of the standout performers during the financial crisis, making 44.8 percent during 2008's market chaos when the average hedge fund lost around 20 percent.

GAM said it was not part of the proceedings.

 

Mccartney To Talk To Scotland Yard About Hacking

Paul McCartney said on Thursday that he plans to meet with Scotland Yard following allegations by ex-wife Heather Mills that a voicemail from McCartney while they were in the throes of breaking up had been hacked by a reporter working for the London Daily Mirror. Speaking via satellite from Cincinnati to the Television Critics Association in Beverly Hills, McCartney said that "apparently I have been hacked." Although he said such illegal activity is nothing new, "I do think it's a horrendous violation of privacy." He added "I feel that more people than we know knew about it." However, he said that he would reserve further comment until he had a chance to discuss the matter with British authorities. Meanwhile, CNN/U.S. President Ken Jautz said on Thursday that he's standing by Piers Morgan, who edited the Mirror when the alleged hacking of Mills's voicemail occurred. In an interview with Adweek magazine, Jautz, who was principally responsible for hiring Morgan to replace Larry King, said that Morgan "has been entirely consistent in his public statements and very firm in his denials and we do not believe there's any impact on the show."

 



Wednesday 3 August 2011

The chief constable of Cleveland, his deputy and a staff member have been arrested as part of a criminal inquiry into corruption within the police authority

The chief constable of Cleveland, his deputy and a staff member have been arrested as part of a criminal inquiry into corruption within the police authority, the Guardian understands.

Sean Price, the chief constable and Derek Bonnard, his deputy were taken in for questioning on suspicion of misconduct in a public office, corrupt practice and fraud by abuse of position. The third person arrested is a female member of the police staff.

Warwickshire police, which is running the investigation, would not comment on the identities of those arrested.

A spokesman said: "Police officers conducting a criminal investigation into a number of people with current or past associations with Cleveland Police Authority and the manner in which the authority may have conducted some of its business have this morning (August 3) arrested three people on suspicion of misconduct in a public office, fraud by abuse of position and corrupt practice.

"Two men and a woman were arrested and have been taken to a police station in North Yorkshire where they will be interviewed later today. A number of premises are being searched in connection with these arrests."

The arrests come after a two-month inquiry by Warwickshire police into allegations that Cleveland Police Authority was corrupt in the way it was running its business.

Price is also the subject of a separate inquiry by the Independent Police Complaints Commission into claims that he used undue influence to get a job for the daughter of the then chairman of the police authority, Dave McLuckie.

The criminal investigation is investigating a series of contracts to businesses. The chair of the authority McLuckie stood down in May within days of the criminal investigation being launched.

The inquiry is being run by Warwickshire with officers from North Yorkshire police. It began after a request from Her Majesty's Inspectorate of Constabulary following inquiries into how the Cleveland authority ran its business.

Cleveland police was the subject of a notorious corruption investigation in the late 1990s. Operation Lancet ran from 1997 to 2002 after allegations that drugs were being traded for confessions and that prisoners were being assaulted.

Cleveland police would not comment on the arrests. They referred all inquiries to Warwickshire police.

Defence select committee warns Britain's influence will decline unless the armed forces get adequate resources

Spending cuts will prevent the armed forces from carrying out military operations and lead to a decline in Britain's influence and role in the world, a hard-hitting report by a cross-party group of MPs warns.

Concluding that the armed services cannot do what ministers want them to without adequate resources, the report questions whether the government's rhetoric and ambitions are realistic.

In a stinging attack, MPs say that by deploying British forces to Libya while cutting the defence budget "we can only conclude that the government has postponed the sensible aspiration of bringing commitments and resources into line."

They point to a government promise to "confront the legacy of overstretch", with British troops never again having to undertake such a breadth of operations simultaneously. "The government should indicate if this is the case," say the MPs, making clear they are not convinced the government has learned lessons from campaigns in Iraq and Afghanistan.

The report, by the Commons defence select committee, undermines repeated claims by ministers that cuts will have no effect on what the armed forces can do. "We are not convinced, given the financial climate and the drawdown of capabilities arising form the SDSR [strategic defence and security review] that from 2015 the armed forces will maintain the capability to undertake all that is being asked of them," warns the report.

Jim Murphy, the shadow defence secretary, said on Tuesday night: "As the report makes clear, and as Labour has repeatedly said, events have exposed the mismatch between policy ambition and the resources provided by ministers."

However, the defence secretary, Liam Fox, defended the government's policy, saying cuts were not just a problem for the armed forces in the UK.

He said: "As we have seen in the US, no country is immune to the global financial problems and even the world's biggest military power is now grappling with how to make defence cuts and reform for the future."

In the report MPs refer to mounting concern that Britain's armed forces will not be able to continue performing tasks they are undertaking now, let alone those they may face after 2015, and question the forces' ability to carry out specified tasks – called "defence assumptions" – after 2020.

According to last October's defence review, British forces should then be able to conduct a series of simultaneous smaller operations or a single operation deploying about 30,000 troops – about two-thirds of the force used in the 2003 invasion of Iraq.

To achieve even this the defence budget would have to rise in real terms – over and above the rate of inflation – after 2015. Fox recently announced a 1% real terms increase every year between 2015 and 2021 in the defence equipment budget. The report says: "We are concerned that this increase is simply a reallocation of resources and does not represent the real terms increase in funding required to deliver Future Force 2020."

The report also refers to personal backing for real-terms defence budget increases from both Fox and David Cameron, adding: "[Such support] is meaningless without a concrete commitment that these increases will be delivered … If the ambition of a real-term funding increase is not realised, we will have failed our armed forces."

The promised increases in the defence budget will coincide with the withdrawal of all British forces from a combat role in Afghanistan. "[We] anticipate that the UK public, whilst being passionate in their support for the armed forces, will question this decision," says the report.

Attacking Cameron's claim at a recent meeting with senior backbenchers that Britain's armed forces could fight on all fronts, it adds: "We dispute the prime minister's assertion that the UK has a full spectrum defence capability."

The prime minister's claim also contradicts evidence given to the committee by the heads of the navy, army, and air force.

MPs conclude that a shrinking of Britain's influence is inevitable. In response to the report, the chief of the defence staff, General Sir David Richards, said: "We will remain a formidable fighting force on the world stage."

The report voices considerable concern that this will not be the case. It states: "We note the declared aspiration of the [National Security Council] NSC that Britain's national interest requires the rejection of any notion of the shrinkage of UK influence. We acknowledge that influence should not only be measured in military hardware or even military capability.

"However, given the government's declared priority of deficit reduction we conclude that a period of strategic shrinkage is inevitable. The government appears to believe that the UK can maintain its influence while reducing spending, not just in the area of defence but also at the Foreign Office. We do not agree.

"There is a clear contradiction in the short to medium term between the NSC's statement 'that Britain's national interest requires the rejection of any notion of the shrinkage of UK influence in the world' and the government's overriding strategic aim of reducing the UK's budget deficit.

"Strategies must have as their starting point a policy baseline that is a realistic understanding of the world and the UK's role and status in it."

 

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