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Cadder Case - Background Q&A
 
Scottish police to lose right to question without a lawyer

http://www.scotland.gov.uk/Topics/Justice/legal/criminalprocedure/cadder-case-qanda


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Female prisoners at Styal Prison in Cheshire.
Female prisoners at Styal women's prison in Cheshire, where six inmates killed themselves in one year. Photograph: Manchester Evening News Syndication

Clive Chatterton is still haunted by the sights and sounds he remembers from his time as governor of Styal, one of 13 women's jails in England and Wales.

There was the 20-year-old on remand for theft who repeatedly slashed her arms, then attempted to hang herself before setting fire to her body. When taken to hospital, she tried drinking a bottle of toxic disinfectant. Her last failed suicide bid involved swallowing a tampon and drinking water in the hope that the cotton would swell and obstruct her windpipe.

Chatteron, 58, has countless other stories, most of them involving inmates who were so mentally ill he wondered how they had ended up in prison. One woman, convicted of shoplifting, lived in a forest from where she would scavenge food to survive. "There is no other way that I can describe her other than appearing as a frightened wild animal, totally uncommunicative and generally unresponsive," he said.

Now retired, Chatterton admitted being scarred by the experience of running Styal in Cheshire from 2009 unil last October. Self-harming, he observed, was frequently the single element of their lives where the women could exert control.

Rachel Halford, director of campaign group Women in Prison, said: "They have no power, which mirrors their previous experiences of abuse and neglect. As a woman in prison told us: 'Putting the blade in and watching the blood come down is the only time I can control something that's happening in here and stop the pain'."

Campaigners say that incidents of self-harm among women prisoners are increasing. Government statistics reveal 10,446 cases of self-harm during 2009, rising to 12,663 the following year. Analysis by Women in Prison estimates that the figure is likely to rise above 13,000 – more than 35 a day. There are 4,100 women in prison, only5% of inmates, yet they account for almost half of self-harm incidents. Chatterton estimated that six in 10 of those sent to Styal have a significant mental health problem.

The Keller Unit, where the prison's most troubled women are kept under increased supervision, has only 10 places. It was always full, said Chatterton, who admitted he had developed "growing concerns" over the facilities available for helping the mentally ill.

His disquiet was recently corroborated by the chief inspector of prisons on a visit to Styal.

Nick Hardwick, a former chair of the Independent Police Complaints Commission, found the plight of women inside Keller "more shocking and distressing than anything I have yet seen on an inspection". His report, delivered last year, described prison officers who "often had to use force to remove ligatures from women intent on harming themselves".

The year before Chatterton arrived at the prison, Lisa Marley, 32, who suffered from a personality disorder, was sent to Keller. Within 48 hours, she was found hanged in her cell. The inquest heard the coroner criticise Styal for its care of the mentally ill and cell design with a point to which a ligature could be attached. CCTV showed an officer laughing and joking as Marley, who was awaiting trial for assault, received emergency medical treatment inside the cell where she was found.

One prison source, a frequent visitor to female jails, cited a case last November involving a 19-year-old on remand for nine months for a shoplifting and public order offence. She described an emaciated figure with a mental age of eight. By the time she visited her in jail, the teenager had been on hunger strike for more than a month, surviving on 15 sips of water a day. A constant rota of prison officers was required to avert any attempt to kill herself.

The source added: "It was like talking to a child. For nine months she had been in a cell with no sheets in case she used the linen to hang herself, no books, no TV, no radio, because she would use any item to kill herself. The walls were spattered with blood where she had stood and banged her head repeatedly to try and commit suicide.

"She'd been failed by the education system, the health system and in her mind she had no option but to die. Her parents had visited her just once because she was so far away. She clearly needed to be in hospital, but there were no available beds. In nine months there had been no psychiatric assessment."

A 22-year-old inmate, Emily, described by Julie Marriott, northern manager for Women in Prison, as "very typical", on account of her frequent jail terms and background of parental neglect and abuse by family members, crystallised the reasons why custody offered no solution to so many women.

At the age of 12 Emily was forced by her family to work in a brothel, where she was raped by 10 men a day "before tea time". She escaped on to the streets of Greater Manchester and again became immersed in the often violent underworld of the sex trade.

The average literacy and numeracy level among women in prison, say campaigners, is comparable to a young child at secondary school. For many, prostitution is one of the few guaranteed means of survival.

The short sentences given to such women for often minor offences exasperate those on the frontline. In one two-month period at Styal, Chatterton counted 34 women serving sentences of 12 days or fewer.

Campaigners say their use can not be justified on financial grounds. The average annual cost of a woman's prison place is £43,000 compared with an intensive community order that costs £10,000-£15,000 while delivering significantly lower reoffending rates.

"If only 30% of women currently imprisoned for very minor offences were diverted from custody, then the associated financial savings would be huge," Chatterton said.


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Glasgow City Council with the aid of MWB Group Ltd, Furlong City Group Ltd, PPG Metro ltd, Crown Dilmun Ltd. all Building Developers, are attempting to force the owner of these premises to quit his premises, by causing damage to them he has been unable to trade since January 2000 because of damage to the building.

 

He has been trying to fight these people through the Scottish Courts.

 

Glasgow Sheriff Courts will not allow him his Legal rights by being represented by a solicitor and denying him access to legal Advice.

 

These Developers with the exception of Crown Dilmun are Destroying Listed Buildings in Glasgow to make way for their Developments.

 

 

http://corruptscotland.com/


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HUMAN RIGHTS lawyer Aamer Anwar has paid an emotional tribute to the Scottish QC Paul McBride

 

Anwar pays tribute to 'fearless' McBride


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Teenager spends three months behind bars after DNA blunder frames him for rape in city he has never even visited

 

 


A DNA blunder led to a teenager spending three months behind bars accused of a crime in a city he had never visited, it emerged today.

Adam Scott, from Truro, Cornwall, was charged with raping a woman in a park in Blackley, Manchester, after his gene test was mixed with a sample from the victim.

Despite telling police had had never even been to Manchester, he was charged with the sex attack after the lab stuck by their results.

He was held on remand and had been due to stand trial next month.

 

 

No further action: The Crown Prosecution Service formally dropped the case at a Manchester Crown Court hearing earlier this week

The lab initially stuck by their test results but the CPS dropped the case before it was due to be held at Manchester Crown Court later this month



Read more: http://www.dailymail.co.uk/news/article-2114252/Teenager-spends-months-bars-DNA-blunder-fingers-rape-city-visited.html#ixzz1ozmgKgHe


 


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Paul McBride obituary

 

Paul McBride
 

Paul McBride, who has died suddenly aged 48, was a QC of outstanding ability, acting in high-profile criminal cases. A ruthless courtroom performer, he successfully defended Gail Sheridan, the wife of the former MSP Tommy Sheridan, against charges of perjury in a case against the News of the World. He was a defence counsel in some of Scotland's more gruesome murder cases and specialised in regulatory crime, representing the families affected by the Stockline factory disaster and the Rosepark carehome fire.

His celebrity within Scotland reached far beyond the courtroom; he was on as familiar terms with Glasgow's football, political and media fraternities as he was with its legal brethren. A highly sociable and engaging figure with a wide circle of friends, he had a great line in gossip and a taste for being at the centre of events. But his public profile, particularly as a sharp-witted champion of Celtic Football Club's off-field interests, also made him enemies. McBride was due to give evidence this week at the trial of two men alleged to have sent parcel bombs to him, the Celtic manger Neil Lennon and others last year.

Improbably, McBride's quixotic career came close to taking him into a Conservative cabinet. In 2009, he renounced his lifelong support for Labour, denouncing Gordon Brown's administration as "mendacious and incompetent". He joined the Scottish Tories, who welcomed him for his "brilliant legal and political mind". This bright new arrival was immediately touted as a leading candidate for the role of advocate general for Scotland. The Tories' failure to gain an overall majority scuppered that option. The job went instead to Lord (Jim) Wallace, a Liberal Democrat.

McBride then hoped to preside over a commission set up to investigate the unpopularity of the Scottish Tories and make recommendations for reform. However, this role went to the grandee Lord (Russell) Sanderson. In the absence of any obvious ideological attraction to the Conservatives, McBride's brief engagement with the party ended with his resignation in November 2011.

The stalling of his political career coincided with a series of events in Scottish football that gave McBride the opportunity to espouse a cause with which he had a more obvious affinity, Celtic FC, which he had supported since childhood. During the 2010-11 season, he defended Lennon against charges of misconduct, and also became the chief tormentor of the Scottish Football Association, which he described as "dishonest", "dysfunctional" and "biased". Reciprocal threats of legal action never materialised. While there was nothing new in these opinions of Scottish football's ruling body, the frankness with which Scotland's most prominent QC enunciated them broke new ground and made him a hero with at least one half of Glasgow.

McBride loved this role, which gave him a degree of public prominence that a career in Tory politics would scarcely have bestowed. His ubiquity as a media favourite, always ready with an opinion, expanded apace. The Scottish edition of the Sun on Sunday newspaper hired him as a columnist and, according to its editor, they were discussing the legal niceties of his second contribution on the eve of his death.

McBride was an only child from a working-class background. He attended St Aloysius' college, the fee-paying Catholic school in Glasgow. From an early age, his eyes were fixed on a legal career and he left school at 16 to study for a law degree at Strathclyde University. He graduated when he was 19. Resisting all advice to proceed slowly, he was called to the Scottish bar at the age of 22 and when he took silk at 35, he was reputed to be the youngest ever QC in the UK. McBride said he had been told from all sides that he was "too young, too inexperienced and had no contacts".

However, he had no doubts about his own abilities and made it his business to study in great detail the courtroom practitioners on whom he modelled himself. "Luck and ability" had carried him through, he said. Ever grateful to those who had taught him his courtroom arts, McBride also became a generous and devoted teacher to his young associates. His book, Criminal Appeals, written with Lord McCluskey, was published in 2000.

In a comment that said much about his attitude to life, as well as to the law, McBride said: "One of the most important things to remember is that people work with people and you are far more likely to keep getting instructions if you do the job well and are easy to be with. If you appear diffident, aloof or arrogant, you are unlikely to get a lot of repeat instructions." The absence of these characteristics served him well as both a public figure and a valued colleague and friend.

McBride was found dead in his hotel room on a business trip to Pakistan. Police do not suspect foul play. He is survived by his parents and his partner, Gary Murphy.

Paul McBride, lawyer, born 13 November 1963; died 4 March 2012


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Should the requirement for corroboration be abolished?
 

Bill McVicar, convener of the Society's criminal law committee said: "We all want a criminal justice system that is modern, fair, effective and which remains distinctly Scottish and there has been much to commend in the extent and scope of Lord Carloway's work. However, we remain seriously concerned that the Justice Secretary has said the Scottish Government will not reconsider Lord Carloway's proposal to abolish corroboration, nor undertake a further independent review by a body such as the Scottish Law Commission.

"Safeguards incorporated in other criminal jurisdictions where there is no requirement for corroboration, such as weighted majority verdicts and rules of admissibility of eye witness identification evidence and the possibility of withdrawal of unreliable evidence by a judge from a jury are non-existent in Scottish criminal procedure precisely because there is currently a requirement for corroboration.

"This is why we continue to press our position that any change to the law in Scotland regarding corroboration requires to form part of a full scale review of Scottish criminal procedure and should under no circumstances be contemplated in isolation in order to prevent miscarriages of justice from taking place.

The Society is in favour of proposals which it believes will improve protections for children and vulnerable suspects.


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Plan for criminals to pay their victims a surcharge

 

THOUSANDS of criminals will be forced to pay a victims' surcharge to compensate those who have suffered at the hands of law-breakers under new plans to be unveiled by the Scottish Government.

Kenny MacAskill
 
 

The further penalty will initially apply to those who are convicted, sentenced and fined in court, with full proposals expected to be made public later this month.

The move is designed to make offenders more accountable and support those whose lives have been blighted by crime.

Contextual targeting label:
Finance

Under the plan, the tariff would be imposed by courts and the money paid into a fund, with cash being directed towards crime victims depending on need.

Campaigners hope the fee will in time apply to all convicted offenders, with those receiving a custodial sentence potentially paying the surcharge from earnings in prison.

Currently, Victim Support Scotland manages a small victims' fund that has helped people with few resources.

Beneficiaries include a murder victim's family who needed to redecorate their home and buy new carpets after their loved one was killed in the property.

Justice Secretary Kenny MacAskill is due to speak to people who have benefited from the Victim Support Scotland fund on Thursday.

The levy is among a range measures to be put forward in the Scottish Government's Victims and Witnesses Bill, aimed at putting the interests of these groups more at the centre of the criminal justice system.

Campaigners and support groups have supported the introduction of a surcharge.

However, John Muir, 73, of Inverkip, Inverclyde, whose son Damian, 34, was killed in Greenock in 2007, said it was vital the authorities ensured the surcharge was paid.

He said: "There are merits in the idea but I wouldn't want it to become an alternative to prison.

"I also have some concerns about whether criminals would pay the surcharge. I think it would be vital to make sure they do."

David Sinclair, head of communications at Victim Support Scotland, said a victims' surcharge was long overdue and should apply to all crimes.

He said: "We have been calling for a victims' surcharge and are delighted to see the Scottish Government is now considering its implementation.

"The surcharge should apply in the majority of cases. Indeed, I would be surprised if it didn't include those who receive a custodial sentence as most people in prison have the capacity to earn income in prison. Therefore they have the ability to pay.

"The fact is, if someone is sent to prison for an offence, it's likely to be a very serious one. We hope the surcharge will be applied as widely as is possible."

It is not clear yet what the level of the surcharge would be, though a flat rate of £15, £20 or £30 or a variable rate linked to the severity of the crime committed were discussed in the bill's consultation process.

In England and Wales, a flat rate £15 victims' surcharge for offenders fined for a criminal offence was introduced in April 2007 under the Domestic Violence Crime and Victims Act 2004. The act allowed for the surcharge to be extended to those who received custodial or community sentences.

Last night the Scottish Government would not reveal details of the amount of the proposed surcharge, or whether the rate would be fixed or variable.

An analysis of the responses to the Scottish Government's consultation on the Victims' and Witnesses' Bill said most of those responding preferred a variable levy depending on the severity of the crime committed.

However, a flat rate would be easier to administer.

A Scottish Government spokesman said: "We will be introducing the bill to Parliament in early February. Alongside it, we will publish a policy memorandum which will set out our proposals in full across a range of areas, including administration, eligibility and how charges will be calculated.

"We will be doing a launch event on the day and our proposals will be available to read at that point."


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The John Lamberton case:


On 5th August 2003, John Lamberton was going about his legitimate business as an International Estate Agent in Spain having just returned from Northern Ireland when he was arrested on false and malicious information reported by officials from the former Inland Revenue. Special Compliance Officers based in Edinburgh pursuing an unsubstantiated and uncorroborated line of enquiry had reported to the Scottish Crown Office & Procurator Fiscal Service that John was an absconder and had fled the country. As a direct consequence of these actions and this false information John was denied the opportunity to return to Scotland voluntarily and spent some 6 months in Spanish prisons before being eventually extradited to Scotland to face charges which can only be described as manufactured. He was subsequently denied bail due to the promoting of these same falsehoods and spent a further 7 months on remand in Edinburgh before facing a 4-week trial at Edinburgh Sheriff Court in September 2004.

John was denied proper legal representation including the basic right to call witnesses and provide documents in his defence. He was convicted on the basis of a majority decision being unique to Scottish Law and was thereafter sentenced to an even more ludicrous period of 7 years imprisonment. John was immediately granted leave to appeal the conviction and sentence but nevertheless spent a further 2½ years in prison in Edinburgh before being released on appeal on 18th May 2007. The Crown have consistently refused to acknowledge that at the very least, serious errors and misjudgements have been made in this case and continue, even now, to refuse full and proper disclosure as required by law. In addition to this, Lothian & Borders Police have stated on several occassions that they are powerless to act and are being prevented fom carrying out an independent investigation into the affair by the office of the Procurator Fiscal in Edinburgh who, by the way, promoted the false allegations in the first place.

This website has been created in order to bring to the public domain, facts and information not previously published surrounding the case. In particular, it exposes the actions of over-zealous and incompetent public officials who colluded and conspired to bring a case where none actually existed.

We reveal how officials from the former Inland Revenue could mislead prosecuting authorities in Scotland including Lothian & Borders Police and more worryingly, how these authorities were either unwilling or powerless to do anything about it.

http://www.justice4johnlamberton.com/


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Reply with quote  #280 
Was thinking last night I nearly had to go as a witness for criminal justice and its a bit sad i made 3 copies of what i said  paranoid or whit  Anyway what i was thinking was had i been as a witness for criminal justice they would taken my account of what happened as gospel (would have been anyway) but there are people who work in the criminal justice system who hold a grudge against people and take it to work with them and im wondering would their account also been as truthfull?   
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The Supreme Court Debacle
2011


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Campaigners: ‘Not proven’ allows rapists to go free

Campaigners are looking to pressure Kenny MacAskill to reform the law. Picture: Police Scotland

ANTI-rape campaigners have urged the Scottish Government to scrap the not proven verdict, arguing that guilty people are walking free because of it and claiming it can be as devastating to victims as a not guilty decision.

 

The call comes in a submission to the government’s second consultation on scrapping corroboration – a historic pillar of Scottish justice, which requires two independent pieces of evidence to bring a case. The current consultation is exploring other safeguards in the legal system.

http://www.scotsman.com/news/politics/top-stories/campaigners-not-proven-allows-rapists-to-go-free-1-2878409


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Counting the cost of crime is a complex task. Whilst figures for public expenditure on criminal justice agencies are readily available, these are only the ‘tip of the iceberg’ and exclude the costs to the individual, business, the insurance industry and non criminal justice agencies (e.g. fire service, NHS). They also fail to take account of the social costs to the offender, the victim and the wider public. That said, in 2005 the Home Office estimated the cost of offending against individual and households as £36.2 billion per annum. These figures were based on a range of offences committed by youths and adults, and included non reported crimes. Additionally, in 2011 the OECD estimated that the overall cost of public safety and order was 2.8% of the GDP (higher than the USA or any other European country). So what do we know?

 

 

<<Cost of youth offending>>

 

An analysis of a cohort of 83,000 young offenders by National Audit Office published in 2011 estimated the cost of proven offending to the criminal justice system, including the costs of police, courts, offender management teams, and custody. They concluded that “on average, each young offender costs £8,000, per year, to the criminal justice system. On the same basis, each of the most costly 10 per cent costs £29,000”(MOJ, 2011: 4; emphasis added). In 2007, the Princes Trust estimated that the average cost associated with each youth crime committed, together with information on the total number of convictions, youth crime for Great Britain is in excess of £1 billion a year. (Princes Trust, 2007: 27).

 

* The YJB received funding of £504.2m in 2009/2010 (YJB 2010)

* Unit costs of police per recorded crime averaged £492 for both under 18 and 18s and over

* Unit costs of offender management per offender per team were £1,469 for under 18s and £357 for 18s and over

* Unit costs of court per crime varied widely and were dependent on the type of offence, venue and plea. For example violence against the person cost £6,837 for under 18s and £12,716 for 18s and over. Burglary cost £1,650 for under 18s and £12,716 for 18s and over. Criminal damage cost £840 for under 18 and £445 for 18s and over

* Unit cost of offender management teams were £1,469 annually for each offender under 18 and £357 annually for each offender 18 and over

* Unit cost of custody cost £4,898 per month for under 18s and £2,367 for 18s and over. The annual cost of custodial facilities for young offenders vary considerably: £212,000 per year in a secure children’s home; £178,000 in a secure training centre per year; and £60,000 in an under 18 Young Offender Institute

 

<<Costs of mental health>>

 

“It costs £1.6 billion a year, at the very least, to process people with identified mental health problems through the criminal justice system and these costs will be dramatically higher for those with unidentified needs”(Revolving Doors Agency, 2007: 1).

 

<<Costs of policing>>

 

* The Police dealt with 38.6 million offences in the previous 12 months up to June 2012 of which 717,542 resulted in convictions (Ministry of Justice, 2012)

* Costs of arrests per year £398 million per year (Revolving Doors Agency, 2007)

* Costs of issuing penalty notices for disorder per year £14 million per year (Revolving Doors Agency, 2007). There were 115,000 PNDs issued in the 12 months up to June 2012 (Ministry of Justice, 2012)

* Costs of issuing a caution £9 million per year (Revolving Doors Agency, 2007). There were 212,000 cautions issued in the 12 months up to June 2012 (Ministry of Justice, 2012)

* Costs of charging £136 million per year (Revolving Doors Agency, 2007)

 

<<Costs of courts>>

 

* Magistrates’ courts cost £350 million per year (Revolving Doors Agency, 2007). 1.57 million cases were processed by the magistrates’ court in the year up to June 2012 (Ministry of Justice, 2012)

* Crown court proceedings cost £171 million per year (Revolving Doors Agency, 2007). In 1999 the average cost was £30,500 per case to impose a custodial sentence in the crown court (PRT, 2012)

 

<<Costs of prison>>

 

* On 7th December 2012 there were 85,768 adults in prison of which 81,677 were men and 4,091 were women (HM Prisons, 2012)

* NOMS total budget for public prisons is £1,870 million for public prisons for 2011/12 and 311million for private prisons (PRT,2012)

* £583 million has been allocated by Ministry of Justice to the capital expenditure in the current spending review (PRT, 2012)

* The average cost of a prison place in 2012 is £37,648 per place, this includes costs met by NOMS (PRT,2012)

 

<<Costs of supervision by NOMS>>

 

* In the year ending March 2012 the Probation Service were supervising 124,297 community court orders and 111,597 prison cases of which 40,649 were post release (Ministry of Justice, 2012)

* 56,322 court reports were prepared in the 1st quarter of 2012 (Ministry of Justice, 2012)

* It costs £3000 per annum to supervise an offender on a basic order without requirements , rising to£7,000 per annum when there is a programme condition (NAPO, 2011)

 

The authors acknowledge the assistance of Katie Ready

http://www.midascharity.com/midas-research


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'How Jill Dando's death convinced me everything you know about crime is wrong':

NICK ROSS tells the shocking truth about the murder of his friend and the real cause of crime.

Critical: Nick Ross says the legal process has divorced itself from decency and common sense




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