Alternative Christmas Shopping in the West Country




You don't have to buy all your Christmas presents from the same old chain stores this year - why not take a look at the wonderfully diverse and eclectic range of local gifts available at Christmas fairs and special events across the West Country?

It’s a celebration of all things Cornish at Padstow’s traditional Christmas market, located on the quayside in a large marquee. It's one of the UK’s biggest food festivals, with cookery demonstrations and lots of free samples to set your taste-buds tingling. Explore the many stalls brimming with handmade gifts and marvel at the lantern parades and fireworks display.

The whole family is spoiled for choice at the Eden Project winter festival. Meet Father Christmas and his real reindeer, go ice skating, explore the enchanted rainforest at twilight, listen to choirs and live storytelling, and pick up some great gifts in their shop.

With the backdrop of the beautiful cathedral, a visit to Exeter’s Christmas market really cranks up the festive mood with more than 50 local and international traders present. Roast hog, Belgian chocolates, baklava, crepes, speciality cheeses and meats from across the continent, as well as traditional Christmas crafts and local foods will be on offer.

If you head to Bath Christmas Market, you'll find more than 170 twinkling, traditional wooden chalets surrounding ancient Bath Abbey and the famous Roman Baths deliver a mind-boggling array of handmade and beautiful gifts to delight your family and friends. Treat yourself afterwards to a tasty local dish or tipple.

Wherever you choose, you're sure to find a warm welcome and a healthy dose of Christmas spirit.
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Terrorism ~ Report on the Murder of Fusilier Lee Rigby

The need for legislation to give Ministers more anti-terrorism powers was announced earlier this month - Further anti-terrorism powers (15th November).  The new Anti-terrorism and Security Bill is to be presented to Parliament on Wednesday 26th November.  Comment to follow when its contents are fully known.  However, this week has seen a number of other terrorism-related matters.

1) On Monday 24th November, the Home Secretary (Theresa May MP) spoke of the terrorism threat facing the UK.
 
2) Parliament's Intelligence and Security Committee (ISC) has issued a report on the intelligence relating to the murder of Fusilier Lee Rigby - and see BBC 25th November - Woolwich murder: Lee Rigby's death 'not preventable'.  Michael Adebolajo and Michael Adebowale were convicted of the murder and sentenced to life imprisonment with, respectively a whole life term and a 45 year minimum term. - see Sentencing Remarks of Sweeney J (26th February 2014)



Following the murder of Fusilier Lee Rigby, on 22 May 2013, the ISC investigated what MI5, SIS and GCHQ knew about the two men who carried out the attack to see whether it could have been prevented.
LIBERTY has responded to the report - here.


3) On Tuesday 25th November, the Prime Minister made a statement to the House of Commons regarding the report.

4) The Independent Reviewer of Terrorism Legislation (Mr David Anderson QC) will appear before Parliament's Joint Human Rights Committee on Wednesday 26th Novermber.  


Other links:
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The Milky Way – Italy’s temptingly sweet ski area


In the UK, it may mean another thing but the Milky Way is fast becoming a pull for skiers from all over Europe.  Many holidaymakers look at individual resorts without realising that they offer access to a much broader ski area.


Sauze D’Oulx and Sestriere are definitely the big attractions in this ski area but the Milky Way also the less-known San Sicario, Cesana, Pragelato, Claviere and the French Montgenèvre, representing a mouth-watering 212 pistes (7 green, 67 blue, 97 red and 41 black) and 69 ski lifts. Those who only think of going to the Dolomites should really reconsider!




The ski in the Milky Way area is characterized by wide open spaces, panoramic and sunny slopes that connect traditional villages with modern amenities.  From the peaks and slopes you have magnificent views in all centres. The vastness and variety of the area can satisfy both the more demanding skier, thanks to the variety of long and difficult slopes, and those who are dipping their toes into the world of skiing for the very first time.  Snowboarders are also well catered for in the Milky Way with a fantastic new snowboard fun park available in Sestriere as well as mini parks available in each of the resorts themselves.


As a destination it's much more laid back than its rivals in France, Switzerland and Austria, so expect a great all-round holiday experience.

Family fun



For families, there are a myriad of activities available to children; fun parks with inflatable structures, great ski schools and plenty of off-piste activities.  Families with young children are welcomed even in the most chic hotels and restaurants.

Tasty food


Lovers of Italian cuisine will be completely satisfied by the Milky Way: there are over 30 mountain huts comforting skiers who prefer to stay on the slopes all day – prices are great in comparison to other resorts and neighbouring France. You will find plenty of pasta and Lasagna on offer but also more traditional mountain stews served with flavoursome and wholesome polenta, which is famous from the north of Italy.


How to get there

The Milky Way skiing area is located in Piemonte and is within easy reach thanks to its privileged geographic position and to the proximity to Turin airport. Most resorts can be reached within an hour of the airport, making them an ideal ski weekend or week’s holiday destination. Other connections are also available from Geneva, Nice and Milan. For those contemplating to attire by train, high speed trains stop daily at Oulx from Rome, Turin, Lyon and Paris.

Accommodation


Holiday Homes in Italy offers a great range of affordable ski accommodation from quaint Italian bed and breakfasts to self-catering ski apartments suitable for both families and larger ski groups.


View ski apartments in Sauze D’Oulx

View hotels and b&b’s in Sauze D’Oulx

View ski apartments in Sestriere

View hotels and b&b’s in Sestriere
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A few items of interest ...

A little list of items of interest ............

1. Severe cuts to legal aid have taken place in England and Wales.  The impact of these cuts is certainly being felt by many people who need access to law and must now try to fight their own case amid the thicket of law or, alternatively, who must simply give up the fight against the more powerful opponent with deeper and often publicly funded pockets.  In a report by the National Audit Office, the Ministry of Justice has been accused of slashing legal aid without understanding the impact of the cuts.  According to the National Audit Office, the £300m cuts to legal aid ‘cannot be said to have delivered better overall value for money for the taxpayer’.  
  • Read the full report here
The report's conclusions are not surprising
but then again the cuts were, I believe, more to do with political ideology (to remove access to justice for people) rather than the economic downturn.

2. At a time when the Human Rights Act 1998 is under political attack, the British Institute of Human Rights has published - The Human Rights Act: Changing Lives.  Click here and download your copy.

3. BabyBarista blog has this interview between Lord Bingham of Cornhill and Shami Chakrabarti

4. On Criminal Law and Justice, Simon Tabbush looks at options for reforming Offences against the Person.  At the request of the Ministry of Justice. this topic is currently under review by the Law Commission - see earlier post.

5. Few would doubt that the statute book (i.e. the immense volume of legislation) is a mess.  Amendments are piled on  top of amendments and attempts by the legislature to tidy things up are rare.  One method - certainly used in the past - was the enactment of a Consolidation Act to bring together in one Act all the legislation relating to some particular topic.  Such Act are nowadays rare.  The Will Macgregor blog suggests that there be a general power for Ministers to consolidate Acts by using Statutory Instruments instead of having to enact a Consolidation Act.  An idea worthy of consideration I would have thought. 
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A trip to Lydford Gorge


Our marketing manager Adrian Innocent writes:

After much dilly dallying I finally managed to put my proverbial into gear and make my way to Lydford Gorge and I wasn’t disappointed, the south west’s deepest gorge living up to its billing as one of Dartmoor’s treasures.

I picked up a free map at the National Trust entrance to the site and set off with the intention of completing the entire walk of about three miles. There’s a well signposted route (helpful markers at regular intervals let you know exactly where you are so even poor map readers like myself can’t get lost) and I headed off in the direction of the famous White Lady Waterfall . At this point the gorge is lined with ancient woodland, full of birdlife but the first thing I noticed was the sound of water trickling (sometimes gushing) down the hillside. It was somewhat reminiscent of my walks of several years ago in the Lake District where you are never far from the sound of running water.

This first part of the route was fairly gentle but through wonderful woodland with some spectacular views down to the river Lyd rushing along the bottom of the gorge. I duly arrived at the far end of the site (you can park up and access the walk form there as well, there being two entrances to the National Trust site, both blessed with a cafe and shop) and enjoyed a well-deserved, revitalising pot of tea and sticky bun soaking up the late autumn sun on the patio outside the café. It was so refreshing and welcome I was already looking forward to more refreshments at the end of my walk before I’d even left this first staging post!

The second leg proved to be even more rewarding, especially the climb down to the bottom of the White Lady Waterfall – a 90 foot near vertical drop of white water, a splendid sight. The pathway then followed the route of the river from here and was quite slippery in parts as it clung to the side of the granite rock face lining the path of the river. This stretch eventually led to the other ‘must see’ feature of the gorge, the Devil’s Cauldron where foaming white water surges through narrow gaps between the rocks – you’ll hear it long before you arrive at the scene.

A short climb then found me back where I started and yet another round of refreshments, some delightful raspberry and white chocolate ice cream eagerly scoffed whist sitting on the grass outside the other café and stretching my ever-so-slightly weary legs. All told, it took about 2-1/2 half hours to complete the walk with plenty of stops to capture the beauty of the gorge on my camera.

If you decide to follow in my footsteps, it’s best to wear suitable footwear as the path is quite slippery and steep in parts.
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Reforming the role of magistrates

This morning I draw attention to an article in Modern Law Review (November 2014) - Reforming the role of Magistrates: Implications for summary justice in England and Wales

The article may be obtained (£) from the Wiley Online Library.  The Library website offers the following introductory paragraph.


"The role of lay magistrates in England and Wales has been progressively undermined by protracted processes of reform over the last two decades. Current government proposals aim to reorient and ‘strengthen’ their function through the creation of new magisterial responsibilities such as oversight of out of court disposals and greater involvement with local justice initiatives. This article argues that while these proposals embody necessary and important areas for reform, taken in isolation they will fail to consolidate the role of magistrates in summary justice unless they are enacted alongside other measures which aim to reaffirm the status of lay justices, and which seek to reverse the trend which has prioritised administrative efficiency at the expense of lay justice. Rapidly declining magistrate numbers together with continuous (and continuing) programs of court closures are irreconcilable with the future viability of a lay magistracy."

Some of the "reforms" have included:


  • Transfer to District Judges (Magistrates' Courts) of prison adjudication cases formerly conducted by Boards of Visitors.  
  •  Abolition of Magistrates' Courts Committees and local "commissions of the peace" by the Courts Act 2003.  Administration of the Magistrates' Courts was transferred to Her Majesty's Court Service (HMCS) and that was later merged with the Tribunal Service to form Her Majesty's Courts and Tribunal Service (HMCTS).  The reduction in the number of courts has resulted in fewer Justices' Clerks.  It is the Justice Clerk who holds the important legislative independence in terms of the legal advice given to the magistrates.  Associate Clerks (or legal advisers) carry out the actual in court advise to magistrates.
  •  Transfer to Local Authorities of licensing functions relating to provision of alcohol and betting and gaming (Licensing Act 2003). 
  •  Requirements for formal authorisation of magistrates before they may sit as members of the Family Court or Youth Court (see Courts Act 2003).  
  •  A large number of local Magistrates' Court closures.  The more recent closures began under the Labour Government but accelerated under the Coalition government especially during the tenure of Kenneth Clarke as Secretary of State for Justice. 
  •  Much greater use of out of court disposals for offences - i.e. Cautions, Conditional Cautions, Fixed Penalty Notices, Penalty Notices for Disorder.  This has markedly reduced the workload of many Magistrates' Courts.
  • Recent years have seen much greater use of professionally qualified District Judges (Magistrates' Courts) - [prior to the Courts Act 2003 they were termed Stipendiary Magistrates and they existed, mainly, in the Magistrates' Courts of larger cities] - with a consequent knock-on effect on the type of work listed before Magistrates.
  • A considerable number of powers may, by legislation, be exercised by a single justice of the peace.  The Courts Act 2003 s.28 enables Rules to be made enabling such powers to be exercised, in practice, by the Justices' Clerk or legal advisers (assistant clerks).  The current rules are the Justices' Clerks Rules 2005.
    There can be little doubt that the above reforms have contributed to reducing the numbers of magistrates and making the role less attractive to good candidates as an important form of public service.   After all, no good candidate would wish to give their valuable time if there was little to do when they got to court.

    One suspects that, due to financial cuts, the amount of training offered to magistrates has been reduced from what it was up to around 5 years ago.  If so, that is a great pity.  Magistrates and, more particularly, those authorised to Chair a court ought to receive adequate training on matters such as new legislation etc.  Such training is best delivered by their legal advisers.

    Some earlier posts touching on Justices of the Peace are Explaining our Law and Legal System - No.5 - Magistrates (20th June 2011) and Magistrates' Courts - Sharing the Burden (11th January 2013).

    See also Acudemia
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    Further anti-terrorism powers

    The Government is particularly concerned about UK citizens who travel to conflict zones and perhaps return to the UK with skills and intentions acquired from fighting or training with terrorist groups.  In a speech to the Australian Parliament, the Prime Minister (David Cameron) indicated that a new Counter-Terrorism Bill is to come before the UK Parliament with a view to getting it on the statute book by January 2015.  The Prime Minister noted that Australia had already passed new legislation to tackle foreign fighters - see the Australian Counter Terrorism Legislation Amendment (Foreign Fighters) Bill

    According to Mr Cameron, the UK Bill will contain - "New powers for police at ports to seize passports, to stop suspects travelling and to stop British nationals returning to the UK unless they do so on our terms.  New rules to prevent airlines that don’t comply with our no-fly lists, or our security screening measures, from landing in the UK."  See The Guardian 14th November and  BBC 14th November




    We do not have exact details of these plans in advance of the Bill but there has already been considerable debate in legal circles as to the legality of some of the ideas.  For some of the possible problems see BBC 14th November and the reaction of LIBERTY to the proposals.

    As that article indicates, critics fear that excluding Britons from returning to the UK - even if they face the most serious national security allegations - could amount to making them stateless.  Also, other countries will become involved.  For example, would (say) Turkey be happy to detain - for potentially months on end - a Briton suspected of illegally fighting for a terrorist organisation if he turns up at Ankara airport but is banned from departing for the UK?  It is not clear if the British government has negotiated any agreements with other States at this stage.  There is also the question of why these people need to be excluded in the first place given that there are already powerful tools in the State's armoury.  Can't they be arrested and charged with a terrorism-related offence as soon as they arrive back?  An alternative to arrest and charge might be to make the individual the subject of a TPIM (Terrorism Prevention and Investigation Measures Act 2011). 


    On the Head of Legal Blog, Carl Gardner looks at the proposals as they are now understood.  He notes, in his analysis of the proposals  that the idea is not to completely prevent return but to impose terms if the individual wishes to return - a sort of three-walled prison .  Therefore, the individual is not rendered Stateless,  Gardner is of the view that the proposals are probably lawful.  See also Head of Legal blog - Grieve: Counter-terrorism measures "probably getting to the right place."

    Quilliam is the world’s first counter-extremism organisation, dedicated to promoting civic interventions in the fields of extremism, integration, citizenship, identity and disenfranchisement - see their reaction to the proposals.   Quilliam stresses the need for greater emphasis to be placed on programmes such as the Channel Process. 

    Given the international nature of this form of terrorism, it would seem to make sense for there to be an international framework for dealing with the problem.  The Council of Europe has suggested that there be such a framework - Council of Europe: Jagland: Europe needs common legal framework to fight challenge of "foreign fighters" and "Islamic State" terrorism.  Secretary General Thorbjørn Jagland said - “A Council of Europe framework, taking into account our democratic principles and the rule of law, as enshrined in the European Convention on Human Rights would assist member States in adapting their legislation in full compliance with international law.”

    Very broadly speaking, major British Commonwealth nations are all facing the problem of "foreign fighters" and the governmental responses are broadly similar though key differences exist.  

    A publication by the Center for Strategic Studies (CSS), ETH Zurich considers the responses (as at March 2014) of eleven countries.

    Publication of the Bill is eagerly awaited. 

    Earlier related posts:

    Fighting abroad - is it against the law? (5th February 2014) and Serious concerns about British citizens fighting abroad (22nd August 2014).

    Other links:

    Australian Counter Terror Laws

    Canada - "And Don't Come Back" - an article looking at Canadian powers to revoke passports etc.

    New Zealand is considering similar powers
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    Law Commission ~ Offences against the Person

    The Law Commission has commenced a "scoping consultation" about Offences against the Person - Law Commission 12th November 2014.  and also see Law Commission Offences against the Person.  The consultation remains open until 11th February 2015.  The Commission comments that :

    "Offences of violence are some of the most common in our criminal justice system: those covered in our paper are charged anything up to 200,000 times each year.  It is, therefore, essential that the laws in this area are clear, fit for purpose in the 21st century and (ideally) collated together in a single, readily-accessible statute. This is especially so in an era with increasing numbers of litigants in person, even in criminal cases.

     The scope of the consultation is limited to
    only some of the offences that could come under the banner of “offences against the person”: broadly speaking, it is concerned with violent offences against the person, which are principally contained in the Offences Against the Person Act 1861, although we do also cover the common law offences of assault and battery and the section 89(1) Police Act 1996 offence of assaulting a constable in some detail.  However, we do not consider sexual offences or kidnapping and false imprisonment, nor do we discuss those offences that are in the 1861 Act but which involve much broader policy considerations: bigamy, attempted abortion and concealing a birth."  [Links added]


    This is not the first time that the Commission has visited this area of the law.  In the 1980s, the Commission considered that the criminal law was in urgent need of codification - (see Law Commission 177, 1989).  In 1993, the Commission issued "Criminal Law - Legislating the criminal code - Offences against the Person and General Principles."  Whilst these older reports are instructive to students of the law and, sometimes, practising lawyers, it is perhaps unfortunate that they have not resulted in legislative action by Parliament.

    The Ministry of Justice has requested the Commission to examine the law in this area and it is to be hoped that reforms are eventually taken forward.
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    R v Max Clifford - Appeal against sentence


    On 2nd May 2014 Frank Maxwell Clifford ("Max Clifford") was sentenced to a total of 8 years on eight counts of indecent assault contrary to s14(1) of the Sexual Offences Act 1956.   He appealed against the sentence and his appeal was dismissed.  The judgment is worth reading in full - R v Frank Maxwell Clifford [2014] EWCA Crim 2235

    The judgment is considered in an interesting article by Joshua Rozenberg - The Guardian 12th November 2014 - Appeal court ruling on Max Clifford shows how far defendants can go 

    Addendum 24th November:

    Silence if Golden -  Law Society Gazette - David Corker comments - "Some may regard with alarm the establishment of this sentencing principle; essentially whether the defendant showed adequate respect for the criminal justice system. Bearing in mind the presumption of innocence, it seems inapt to hold that those who reiterate that by claiming to be so should be exposed to the risk of punishment."
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    All aboard the Polar Express in Okehampton


    If you and your children are fans of The Polar Express, the magical animated film starring Tom Hanks as the conductor of a very special train, you'll probably jump at the opportunity to ride the real thing.

    Dartmoor Railway is running special trips from Okehampton Station on selected dates between 28th November and 28th December. Trains depart at 5pm and 7:30pm.

    The trip will take you on a mystical round-trip journey to the North Pole. You're invited to wear pyjamas if you want to stay true to the film!

    Once seated you'll find the conductor punching away at the children’s golden tickets, plus chefs dancing and delivering hot chocolate and cookies. There will also be readings of the original story and sing alongs to music from the film.

    Once at the North Pole, Santa will be waiting with a gift of a silver sleigh bell for all the children. In addition, each passenger in Premium Class seating will receive the commemorative Polar Express mug.
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