The Government have announced dates for the implementation of the Protection of Freedoms Acts which will come into force on an incremental basis. Details have been published in The Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012 issued on the 2nd May 2012 Of particular interest to falsely accused cares and teachers will be arrangements made [...]
Clarke asks top judges to probe disclosure sanctions
May 8, 2012 from Leave a Comment
This is an excerpt from an article which appeared on the Law Society Website on Thursday 03 May 2012 written by Catherine Baksi Justice secretary Kenneth Clarke has asked two senior judges to review sanctions for disclosure failures in criminal trials, to ‘mitigate the resource burden’ imposed by disclosure. Lord Justice Gross and Mr Justice [...]
Protection of Freedoms Act 2012 published
May 8, 2012 from Leave a Comment
The Protection of Freedoms Act has now passed Royal Assent and will come into force on the 9th May 2012. Part 5 will be particular interest to falsely accused carers and teachers. Chapters 1 and 2 amends the Safeguarding Vulnerable Groups Act 2006 and Police Act 1997 with regards to carers and Criminal Records Bureau checks. The Bill also [...]
All FACT submissions now on-line
April 5, 2012 from Leave a Comment
All FACT submissions to Government Bodies have recently been updated in a new pdf format Submission to Leveson Inquiry 2012 Submission to CRB Review 2011 Submission to the Independent Safeguarding Review (ISA) Working Party 2009 The All Party Group Abuse Investigations 2008 Submission to Home Affairs Select Committee re Workings of the Criminal Cases Review [...]
Conclusion of internal review of probation services published
March 27, 2012 from Leave a Comment
The Ministry of Justice have issued a consultation paper setting out the conclusions of an internal review by the Secretary of State of how probation services in England and Wales can be improved. The intention is to ensure probation services are better able to achieve the outcomes in justice that matter to victims and communities: protecting the [...]
Plans for radical reforms to the justice system have moved another step forward in the Houses of Parliament.
March 27, 2012 from Leave a Comment
Plans for radical reforms to the justice system have moved another step forward in the Houses of Parliament. The House of Lords’ Report Stage of the Legal Aid, Sentencing and Punishment of Offenders Bill was completed yesterday. (Tuesday 20 March) The Bill will now move forward to a Third Reading in the Lords next week, [...]
New regulations issued in respect of the need for taxi drivers to be CRB’d
March 4, 2012 from Leave a Comment
The Government have issued regulations amending the Police Act 1997 (Criminal Records) Regulations 2002 and the Police Act 1997 (Criminal Records) (No. 2) Regulations 2009 to enable an application for an enhanced criminal record certificate (including suitability information relating to both children and adults) to be made for the purpose of assessing the applicant’s suitability to [...]
Home Office announce taxi drivers will become eligible for enhanced CRB’s
January 27, 2012 from Leave a Comment
Taxi drivers will be eligible for enhanced background checks under new proposals announced today. Today’s proposals will allow taxi licensing authorities to carry out enhanced criminal records checks on their drivers before they are issued with a licence. Current drivers will get additional checks when they renew their licence. Under the current regime, only drivers who pick [...]
Elizabeth Filkin’s advice to the Metropolitan Police on the ethical issues arising from the relationship between the police and press published
January 5, 2012 from Leave a Comment
The Filkin report – background In July 2011 there were perceptions that phone hacking at the News of the World was more widespread than had previously been identified, and that the Metropolitan Police Service (MPS) may not have investigated these concerns thoroughly. The then Commissioner of the MPS and an Assistant Commissioner resigned. In July [...]
Ministry of Justice announce plans to introduce fees for using employment tribunals
December 15, 2011 from Leave a Comment
The Ministry of Justice has issued a press release (here) indicating that they intend to introduce fees for using employment tribunals Ministry of Justice Employment tribunal fees to benefit business and taxpayers 14 December 2011 Plans to lower the £84 million cost to the taxpayer, and relieve pressure on businesses, through the introduction of fees [...]
Teachers accused of crime have legal right to anonymity up to point of being charged with an offence
November 27, 2011 from Leave a Comment
Teachers accused of crime are given lifelong anonymity A Press release issued by the PA on the 17 November 2011 states Proposals to give lifelong anonymity to teachers accused of committing criminal offences against children at their schools have become law after the Education Act 2011 received Royal Assent. It means that teachers have become [...]
Nearly half the allegations made against teachers are unsubstantiated or unfounded
October 16, 2011 from 2 Comments
This article appeared in the Daily Mail (here) Nearly half the allegations made against teachers are malicious, unsubstantiated or unfounded, according to a Government study. The Department for Education survey shows that only three per cent of investigations resulted in a police caution or court conviction for the teacher. Schools Minister Nick Gibb said the [...]
Government announce changes for making unfair dismissal claims
October 5, 2011 from Leave a Comment
“Workers will have to pay to bring unfair dismissal claims and will not be able to do so unless they have worked for the employer for at least two years, the government has said. Under the plans, applicants will be obliged to pay the costs of an unfair dismissal claim – £250 for lodging a [...]
Newspapers guilty of contempt during murder investigation
August 30, 2011 from Leave a Comment
The Attorney General has issued the following press release follwing the successful prosecution of the Mirror Group Newspapers Ltd and News Group Newspapers Ltd who were found guilty of contempt of court for publishing potentially prejudicial coverage of a former suspect in the Joanna Yeates murder investigation at the start of this year which had [...]
DfE guidelines for dealing with allegations of abuse
July 31, 2011 from Leave a Comment
The Department for Education have published new guidelines for Dealing with Allegations of Abuse against Teachers and other Staff. See Guidance for Local Authorities, Headteachers, School Staff, Governing Bodies and Proprietors of Independent Schools. These can be accessed here
Pupils who make malicious accusations against their teachers could face criminal prosecution
July 18, 2011 from Leave a Comment
This article by Richard Garner first appeared in the Independent here. Pupils who make malicious accusations against their teachers could face criminal prosecution under new guidance on school discipline issued by the Government. Figures show that as many as one in four school staff have been accused of wrongdoing, often claims of assault, by pupils [...]
Department for Education update statutory guidance on dealing with allegations of abuse.
July 14, 2011 from Leave a Comment
The Department for Education have updated their statutory guidance for dealing with allegations of abuse. About this guidance This guidance issued from the Department for Education is statutory. This means recipients (including LEA’s, Schools, Govenors etc, must have regard to it when carrying out duties relating to handling allegations of abuse against teachers and other [...]
Teachers will be allowed to use force on unruly pupils as ministers lift ‘no touching’ rules to restore classroom discipline
July 12, 2011 from Leave a Comment
There is comprehensive coverage in the DAILY MAIL’s (11th July) on the Education Minister’s decision to axed Labour’s 600-page guidance on pupil discipline- which they claim confused teachers – and replaced it with just 52 pages. The new guidance comes as figures from the Department for Education revealed that nearly 1,000 pupils are excluded for [...]
Tougher checks for sex offenders
June 16, 2011 from Leave a Comment
The Home Office have announced tougher checks are to be made on known sex offenders Proposals to introduce tougher checks on known sex offenders have been published today. Currently, sex offenders are required to notify the police of personal details such as address and national insurance number annually and whenever details change. But today the [...]
Guardian reports on alleged failures by the Criminal Cases Review Commission
June 6, 2011 from Leave a Comment
This article by Jamie Doward first appeared on the Guardian website (here) on the 29th May, 2011 The watchdog that examines miscarriages of justice is failing innocent people, according to a senior lawyer involved in some of the highest-profile court cases in recent years. John Cooper QC, honorary visiting professor of law at Cardiff University, [...]
A new professional policing body ACPO
May 1, 2011 from Leave a Comment
According to reports in the Press the Government intend to reform ACPO. News of this emerged in evidence given to Home Affairs Select Committee. A summary of the changes be found on the Police website are deatailed below. A new professional policing body will not be a “revamped” Association of Chief Police Officers (ACPO) as [...]
A Letter of Rights to be introduced to help ensure fair trials in all EU countries
May 1, 2011 from Leave a Comment
The European Parliament’s Civil Liberties, Justice and Home Affairs Committee have stated that anyone suspected or accused of having committed a crime must promptly be given information on his or her procedural rights in an easy-to-understand language, said the Civil Liberties Committee on Thursday, in amendments to a draft law to protect defendants’ rights across [...]
Government looses its final appeal against giving prisoners the right to vote
April 13, 2011 from Leave a Comment
This news item has been extracted from the Guardian Online (here) on the 12th April The Government has lost its final appeal against giving prisoners the right to vote following a ruling by the European Court of Human Rights. A five-judge panel said the UK must now draw up proposals within six months to end [...]
Heads given powers to prosecute lying pupils
April 6, 2011 from Leave a Comment
The Education Secretary has announced a raft of measures to improve school discipline. These include giving Heads the right to temporarily or permanently exclude pupils who make false allegations, and the ability to press criminal charges. See Press Reports Heads given powers to prosecute lying pupils Button up: pupils should be forced to wear uniform [...]