Criminal Court Charges - again !

The following tweet requires little by way of explanation. The relevant legislation may be seen via my earlier blogpost - Criminal Court Charges.  The impact of this on the rate of guilty-pleas remains to be seen but it seems likely that some will opt to plead guilty rather than face this particular charge.  Of course, if they do that,  they will then often find themselves hit by a fine, costs and so-called "victim" surcharge.  All of this is ample illustration of the parlous state of justice in this country today.  The fact that the court has to impose the charge irrespective of means is disgraceful.


Thousands of defendants will pay a surcharge of up to £1,200 from this week just for standing trial — with the biggest penalties for those who plead not guilty but are then convicted. The measures, slipped through in the last days of parliament, mean that guilty defendants will pay a court fee ranging from £150 to £1,200 on top of any fines imposed.
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A glance at the Labour Party Manifesto

Here are some of the "justice highlights" in the Labour Party Manifesto for the 2015 General Election.  The full manifesto is here and is summarised at Election 2015: Labour Manifesto at-a-glance

The EU and Human Rights:

Labour would work to reform the European Union, and would retain our membership of it.  The Human Rights Act 1998 would be protected and the European Court of Human Rights would be reformed rather than the UK walking away from it.  The precise "reforms" that would be sought are not mentioned.   Also, reform of the European Convention system is not a matter within the gift of the British government alone and the Council of Europe would have to be persuaded to introduce reforms.


Access to justice:

Labour would make sure that access to legal representation is not determined by personal wealth but remains available to those that need it.  Again, the manifesto is short on detail but there is a promise that access to Legal aid for victims of domestic violence will be widened.  On the basis of this manifesto, there is little to bring joy to those who would wish to see a return to much more comprehensive legal aid provision.  On this, please see the Steve Cornforth blog - What are the parties saying about Access to Justice?

The coalition government introduced fees of up to £1200 for employment tribunal claimants.  Labour sees this as a significant barrier to workplace justice and they would abolish the employment tribunal fee system as part of wider reforms to make sure that affordability is not a barrier to workers having proper access to justice, that employers get a quicker resolution and that costs to the tax payer do not rise.   The manifesto contains a commitment to repair the damage done by the coalition government to judicial review.  

The Constitution:

A whole section of the manifesto is concerned with how Britain is to be governed and so, constitutional reform, seems likely to be stepped up should Labour be in a position to form the next government.  Notable proposals here include votes for 16 and 17 year olds by 2016; more devolution of power to English cities and counties; a "people-led" constitutional convention to determine the future of the UK's governance and replacement of the House of Lords with an elected Senate of the Nation and regions.

Further proposals:

Further proposals include abolition of Police and Crime Commissioners and a strengthening of "neighbourhood policing".  Police Officers would become "chartered" and hold a registration from the College of Policing.  A new Police Standards Authority would replace the Independent Police Complaints Commission (IPCC).

"Payback Orders" would be introduced to replace "low-level cautions."  

Tougher penalties to protect public sector workers from assault

Identification of 18-20 year olds thought likely to drift into criminal activitiy.

Police power to prevent an adult contacting or communicating with a child if there is evidence of abuse.

Strengthening the vetting and barring scheme.

A Women and Girls Bill with a Commissioner to set minimum standards in tackling domestic and sexual violence.  Amendment of the law so that rape suspects have their DNA recorded and stored.

 Victims of Crime would gain rights under a Bill to be introduced but, yet again, detail is lacking.  

There is a section on tackling extremism.  Proposals here include the possibility of "control orders" returning in some form.  There will be a mandatory deradicalisation programme for any individuals returning from "the Syrian conflict."  Investigative laws will be updated to keep abreast of new technology.  Also, the law on "disability, homophobic and transphobic hate crime" would be strengthened.   


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Lifelong memories from Farms for City Children



Readers of this blog will know that Farms for City Children is our charity for 2015. The charity, founded by children’s author Michael Morpurgo and his wife Clare at Nethercott Farm in Devon in 1976, gives children from urban areas the chance to spend a week living and working on a real farm in the heart of the countryside.

The charity has many fans - namely the thousands (70,000 to be exact!) of children who have benefited from this fantastic experience over the years. Of course the vast majority are now adults, but the memories remain crystal clear, as this testimonial from 40 year old David, from Omaha, NE. USA shows:

I am now 40 years old, but when I was 10 and 11 years old, back in 1978 and 1979, I visited Nethercott Farm as a pupil from Chivenor Primary Schoool on Castle Vale in NE Birmingham. The farm school manager was a Mr Morpurgo – I will never forget that name!

To this very day, I have a very vivid and delightful memories of my two week-long visits to Nethercott. I remember watching a sheep being born, ‘mucking-out’ the cow shippen and collecting Kale in freezing cold weather. Wonderful!

I was from a very poor, single parent family; we lived on Castle Vale, a poor, depressed housing estate in NE Birmingham. My wonderful and profound experiences are forever set in my memory. 

I wanted to write to you just to encourage you that the children who visit Nethercott are changed forever; I will never forget my delightful visits and I talk about them to my wife to this day and will talk about them to my children as they grow older.

I now live in Omaha, Nebraska, which is a million miles away from Nethercott and the little village of Iddesleigh, yet, my experiences and all that I learned at Nethercott are still with me today. Keep up the great work! 

Or how about this, from 33 year old Lisa, now a nurse:
I came to Nethercott 22 years ago when I was 11 during my four years at Castle Vale’s Pegasus School in Birmingham. My father’s business had gone bankrupt and we were forced to move from our home into a high rise block of flats on a notoriously poor council estate. The school was great and I remember it for two reasons; the teaching staff encouraging the children to be creative and to realise their potential and the stay at Nethercott Farm.

I wanted you to know the impact my stay with you had on me. There are images, memories and smells that will stay with me forever. Whilst we were there a calf was born and you called it Pegasus after our school.

This trip to Nethercott really promoted my independence. It was the first time I’d had to look after myself.

A couple of years ago I drove my partner nearly mad saying that I wanted to find Nethercott and he drove me around Devon until we found it! Just driving by brought the memories flooding back.

Please keep up the fantastic work. I’m sure you know just how valuable this resource is to Inner City Children but we all deserve to have a pat on the back now and again and to know that what we do really makes a difference.

And finally, this from 36-year-old Claire:

I visited and worked on the farm for a week at a time between 1984 to 1986. I'm 36 now and often talk about my experience to whomever will listen, from visiting the dairy (wheelbarrows full of cow pats), feeding the skin head gang (sheep), tractor rides, grooming and cleaning the stable and my absolute favourite was feeding the calves, I still remember the smell of the sweet milk and putting our hand in their mouth to help them digest. 

These were and will remain the best three weeks over three years of my life.

I would like to thank them for opening their home and hearts to so many of us over the years. I am now a police officer working for the MET just outside London. For me this would not have been possible without the guidance and life experience that I received from Michael.

We hope you'll help us spread the word about this wonderful charity and the excellent work it does. If you’d like to make a donation, visit www.justgiving.com/helpfulholidays at any time or you can also make a contribution when you book a holiday through Helpful Holidays.

To find out more visit www.farmsforcitychildren.org. You can also find them on Twitter and on Facebook.
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Men are not eligible to apply ....

The Judiciary has announced a new initiative aimed at improving diversity in the role of Deputy High Court Judge. This new route to the High Court is explained by Lady Justice Hallett in this video.  Places on the programme are limited to women, BAME candidates and those from a less advantaged background, because these are the areas where the judiciary is said to be significantly less representative of society.  Taking part in the programme will not guarantee appointment by the Judicial Appointments Commission as a Deputy High Court judge or success in a subsequent High Court exercise.

See also Legal Business 8th April 2015.
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Coroners

Coroners perform an important and very long-established role.  In recent times there have been a number of important reforms brought about by the Coroners and Justice Act 2009.  His Honour Judge Peter Thornton QC has recently been re-appointed as Chief Coroner of England and Wales - (an office specifically created by the 2009 Act).  His new appointment is until 1st October 2016.

The Judiciary website has published a considerable amount of guidance relating to Coroners.



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A Lamp For Each Room In Your Home

I can never get tired of looking at a lamp which is why I have a certain piece in every room in my home. If people collect cars, clothes, shoes, plates, table cloths and the likes, I collect lampshades. I just love how it looks and frankly, it is a beautiful accessory to any room. It brightens up an area. It illuminates and revitalizes the whole space. If there is something I cannot live without, it is definitely a lamp.

I believe that light eliminates any bad spells or vibrations. No wonder I feel good every time my lamp is lit. My sisters tell me that I over accessorize with lamp stuff but I beg to differ. It is just my style. Some people love Italian furniture. Some want retro styling. Others are into wood and rustic. But for me, it is my lighting effect at home. That is just me.


A lampshade for my bedroom...

Some people believe that the best lampshades for their bedrooms are the Tiffany lamps. For me, I want those with the CONTEMPORARY flair. I own a California King sized bed. Oh yes, it is gigantic. My husband and I just like the space. We love rolling on it, literally. And so, with this modern-type bed, comes with modern-like vibe in our room - contemporary lamp shade.

I have an all-white bedroom. Everything is in pure white from bed sheets to walls, window curtains, tables, chairs, rug, phone, desk and of course, my contemporary table lights. I bought it for $49.99 each at Ikea and it is called Torsbo. It is so relaxing since it gives off a soft light; a delight really. I am such a fan of it because I can sleep soundly at night.

A lampshade for my bathroom...

While it is common for a bathroom to have wall or ceiling lights, I have a table lamp in mine. My bathroom is not just a regular bathing area. It is a dual function room for it also is my walk in closet room. I needed the perfect lighting so that I can clearly see my outfits, my make-up and you know, just for the pleasure of it, my favorite home accessory, table lampshade.

The transitional lampshade I placed in my bathroom is a Faux Rattan piece from a local store. I think I bought it for more than $100. The design for my walk in closet slash bathroom is nature overload. So I have wooden floors, drawers, cabinets, dresser, and a garden fountain beside my bathtub. The Faux Rattan lamp fits perfectly - it has a floor and table piece. This room got the compliments from everyone.

A lampshade for my kitchen...

Oh yes! I have a kitchen table lampshade. I have this nook in my kitchen called the AMORE. It is a 2-seater dining set in wood. You can say it is a simple and small round wood table but that is our date table. I have a mini Tiffany lamp. I saw how lovely it was when we ate at a restaurant in Milan. They had dim lights all over the place and a Tiffany lamp on each table. That is how I got my inspiration.

My lampshade for the date table is about 11 inches tall (so tiny) and it has a glass shade. Yellow and chestnut bronze, that is and it is called Z-lite which I purchase together with my bathroom lighting. It has scalloped glass shade and the light exudes an amber tone. Divine.

So there you have it. I have spilled everything that I have and everything that I hold dear. I have opened my home and my heart to you. I just wanted to share that even the most unusual place; you can put almost anything in and on it. A lamp in every room is just celestial.
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Benefits And Safeguards Provided By The Structured Settlement Protection Act

The Structured Settlement Protection Act states that certain transactions regarding the sale of a structured settlement need the approval of a judge in your state's court before they can be completed. It is also stipulated that the responsible insurance company making the payments need to be part of the process prior to the sale.

Prior to the inception of the protection act it was not necessary that insurance companies be informed of change of ownership of a structured settlement, and quite often did not know of the change until after the fact.

So, whether you are comfortable with the payment setup of your settlement or are considering selling your annuity, it would be in your best interests to learn more about the protection act.

Requirements of the Protection Act

The act now requires that any interested parties be notified of a sale or partial sale of a structured settlement twenty days prior to any court hearing seeking approval for any changes.

Prior review by a judge is required before any sale takes place. This is done to insure that the sale is in the best interest of the person or client receiving the annuity.

This requirement exists for the protection of the client. Before the implementation of the act there were companies that unscrupulously took advantage of many people who wanted to sell their settlements by offering paltry and unfair amounts to purchase their annuities and settlements.

Many clients, either because of the lure of a large lump sum of money or lack of knowledge on the subject, fell prey to these tactics.

Benefits and Safeguards of the Protection Act

The client selling the settlement must disclose the arrangements associated with the sale along with their personal financial affidavit describing their current financial status. This usually must be submitted three days prior to any finalization of the sale or contract signing.

It is now the responsibility of the buyer of the settlement or annuity to disclose all information relative to the purchase and sale of the annuity or settlement, not the insurance company, issuer or client.

A company that is proposing or trying to buy your settlement must also advise you to seek legal advice before proceeding with sale. This also must be given in writing, and must be done before any information can be presented in court,

Once all documents have been signed, the seller or client still has three days to change their mind about the decision to sell.
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Planning a Surprise Romantic Trip

Are you considering planning a surprise romantic trip for your partner for Valentine's Day, a Birthday or Anniversary, or just for the sake of it? There are several things you should consider before you make any bookings. Here are a few handy hints to help you avoid going astray and turning your romantic adventure into a fiasco:


Consider being a bit flexible on the dates:

You may have very specific dates in mind, but consider being a little flexible on dates to get the best deal possible. Remember also that if you plan a trip for just before or just after a special occasion, it will come as even more of a surprise to your loved one.

Make sure your partner is free on the dates you choose:

It is all well and good planning the perfect trip, but what if your partner can't make it? If they will need to take time off work you will usually need to plan well in advance. Make up some other reason why they need to take time off and make sure they have done it before you book anything.

Think about your partner and their specific tastes:

This is about your partner, not some generic romantic holiday. Make sure you take into account his or her tastes and the kind of places and accommodation options he or she prefers. Don't book a camping holiday for a luxury lover, or a busy hotel or package deal for someone who likes to get away from it all.

Don't neglect the essentials:

Passports are obviously essential for any trip abroad. Make absolutely sure not only that your partner has a passport but also that he or she has it to hand and that it is within date and has enough time left on it. Make sure you have thought about all the essentials, including visa requirements, if there are any, for the country you plan to visit. Will you and your partner need any specific equipment or clothing for the trip?

Consider how best to keep it a secret:

Make sure, if you wish to keep the trip a secret, that your partner will not accidentally see a payment on an account he or she checks regularly. Make sure anyone you tell knows that it is a secret so they don't accidentally blab. Consider your 'cover story' for getting your partner to take time off and/ or to keep the days free.

Time the revelation correctly:

When you excitedly finally spill the secret, make sure you time the revelation well. Bear in mind that unless you are extremely confident you know what your partner will need and want and have packed for them, they will need the time to do it themselves. Also be sensitive to the fact that they may have worked hard all day and may need to unwind before you surprise them, or it might not be such a pleasant surprise.

Use your imagination and remember to focus on your loved one and not on any other considerations if you truly want to make it a special and memorable treat.
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The Best of British Cottages with the BBC series "Poldark" Part Two

The Cornish mining heritage is something that is held dear to many local people with a history that spans the centuries. This theme runs throughout the Poldark series, often expressed in the conflict and contrast between the lower and upper classes. The early episodes of the series cover the time when mines are being closed down with hundreds of miners being forced out of work, after which Ross Poldark opts to open his own mine.

Although the Perran Foundry at Perranarworthal was not used on set, this is a really significant Tullimaar House, a 19th-century parish that was once the home of award-winning novelist Sir William Golding. Within a valley of the village sits The Brass Bolt Shop – a grade II listed cottage in a residential development of homes newly converted from the Foundry. The romantic cottage is located within an Area of Outstanding Natural Beauty and has easy access to the award-winning pub and farm shop in the local village.

The Brass Bolt Shop 
Although the Perran Foundry at Perranarworthal was not used on set, this is a really significant historical site that has been awarded World Heritage status. Between 1791 and 1879 and during the Industrial Revolution, it was an extremely important location for invention, milling, casting, forging and pattern-making. The village of Perranarworthal is situated between Falmouth and Truro, close to some of Cornwall’s most spectacular sights. It contains a number of interesting historical buildings, including the

A mining location that was used in the Poldark series was the underground Levant Mine – a National Trust property in Trewellard, a small village on the north coast road. Helpful Holidays has a number of properties in the wider area, including a four-bedroom, semi-detached 18th century cottage Trecam in the village of Pendeen. The cottage is decorated in contemporary style and boasts a great location within easy reach of classic pubs, hiking opportunities along the cliff coast and spectacular beaches.

Trecam
Land’s End is one of the most well known parts of Cornwall, and some scenes for Poldark were filmed in Porthgwarra, a lovely fishing hamlet. Its secluded beaches and great surfing opportunities are around 90 minutes’ walk from Lands End along the coastal path. The tiny coastal village of Mousehole is home to The Queach – a stone and slate cottage with expansive sea views. The village is just one mile from Penzance and also features a compact outdoor terrace.

The Queach
While the vast majority of the Poldarkshooting took place in Cornwall, there were also some scenes filmed in Prior Park in Bath. Just four miles outside the centre of the city you’ll find Week Farm, which can only be described as a truly spectacular home. A sweeping, tree-lined drive introduces the Georgian country estate, which sits in 98 acres of private grounds and features a 12-person outdoor hot tub, games room, family suite, library and kitchen with a 16-seater dining table. The formal living room perfectly showcases the property’s unique design concept that blends original period detail with a luxurious modern finish. Original stone stairs, flagstone flooring and oak beams play out alongside hardwood and granite units and mod cons. The surroundings are just as wonderful, with the pretty village of Combe Hay just moments away and the city of Bath with its elegant history and natural thermal springs within easy reach.

Week Farm
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Criminal Court Charges

On 13th April, the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 enter into force.

They are well explained in this article in the Law Society Gazette 27th March.  Suspects pleading not guilty in the Crown court will risk paying a court fee of £1,200 if convicted under guidelines slipped into legislation without debate in the final days of the last parliament.  Law Society president Andrew Caplen described the new charges as ‘outrageous’ and a threat to fair trials.

The Magistrates' Blog describes the fees as "Callous and Destructive."  
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