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JK

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Reply with quote  #286 
http://www.gla.ac.uk/news/headline_286505_en.html
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Reply with quote  #287 
That is a good link JK as I have a conviction from 1999 and got a fine which halts any progress towards getting a job with this disclosure lark as I was actually stopping a fight and got done for a Breach with £50 fine and to this day it is still on my record never spent???

They should look more into this and glad to read the link you posted

The figure emerged in the context of a review of the operation of and possible alternatives to the Rehabilitation of Offenders Act 1974, by Paul McGuinness, Sarah Armstrong and Fergus McNeill of the Scottish Centre for Crime and Justice Research at Glasgow University. It shows that 38 per cent of men and nine per cent of women born in 1973 are known to have at least one conviction.

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Reply with quote  #288 
should name and shame the lot of them anyway [mad]

Court says rapist can be named

A convicted rapist who became embroiled in a legal dispute with the Ministry of Justice has lost a fight to keep his name out of media reports.

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Senior judges ruled that Stephen Fagan, who is in his late 40s and comes from Airdrie, North Lanarkshire, could be named after newspapers argued that the public had a right to know.

Fagan was given a 14-year jail term by a judge sitting in Newcastle upon Tyne in 2006 after being convicted of committing two rapes - and of administering a drug with intent to commit a crime - in the north-east of England.

The dispute over the publication of his name developed earlier this year after he began publicly-funded legal action in an attempt to win the right to live in Scotland following his release from prison on licence.

Fagan, who wants to re-settle in Airdrie, said members of his family might become a "target of hostility" if his return was reported.

And his lawyers argued that there was a need to "prevent the risk of violence".

In June, a High Court judge ruled that Fagan could be named - but he imposed a temporary reporting ban until the case had been looked at by the Court of Appeal.

Three appeal judges yesterday also ruled that Fagan could be named - after a hearing in London - and lifted the reporting ban.

High Court judge Mr Justice Irwin had analysed the anonymity ­issue at a hearing in London in May and ­given his judgment in a written ruling in June.


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Reply with quote  #289 

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Reply with quote  #290 
'Serious errors' in Bill evidence
                         
 

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Reply with quote  #291 
You would think that they would listen to a man of Lord McCluskey's calibre [confused]

Justice Committee

Criminal Justice (Scotland) Bill

Email exchange: Rt Hon Lord McCluskey and the Committee

I am offering to give evidence to the Committee, particularly on the matter of

Corroboration.

John McCluskey

24 January 2014

Thank you for your email, which I have discussed with Christine Grahame, the

Convener of the Justice Committee. She has asked me to thank you for your kind

offer to give evidence in relation to the corroboration provisions in the Criminal

Justice (Scotland) Bill. However, the Committee concluded its evidence-gathering at

Stage 1 of the Bill on 14 January and we are now in the process of considering and

agreeing our Stage 1 report.

It would be unusual for the Committee to take any further evidence during the

passage of the Bill. However, if for any reason, the Committee does decide to do so,

the Convener will of course alert Members to your kind offer.

Clerk

Justice Committee

24 January 2014

I am dismayed to receive this deeply regrettable answer.

I am probably better qualified, by direct experience, to give evidence on this

matter than almost everyone whose evidence has been received. I had stayed

out of the matter because, having retired some years ago, I thought that

others would demonstrate that the proposal to abolish the need for

corroboration in ALL criminal cases in Scotland would have been dismissed

without difficulty or abandoned in the face of the near unanimous opinion of

the Judiciary.

Additionally, when I came to read the evidence presented to the Committee, I

realised that there have been serious errors in that evidence, including, I

believe, evidence given by the Lord Advocate himself.

The evidence of the Justice Secretary raised new matter, namely the idea that

“supporting evidence” would be sought. The Lord Advocate said the same.

This new matter raised important issues not properly canvassed.

I am convinced that the Committee has not been given the whole picture,

particularly about the practical alternatives to the drastic step of abolishing the

need for corroboration.

There has been a lively correspondence in The Scotsman since that

newspaper published my article on Wednesday 15th January: is this material

also to be ignored because it is out of time? Will it be formally before the

Committee? Will my article itself before the Committee?

It has also been suggested to me (though I am quite unable to speak to it from

my own knowledge) that the Committee, or at least some members of it, may

have received briefing from civil servants on this issue, being briefing material

that has not been published: is this so?

In these circumstances, I ask the Committee Convener to reconsider the

matter urgently and agree to accept the evidence that I can offer.

I am not sure that my request to be heard will have been intimated to other

members of the Committee. Accordingly I am COPYING this email to all

members of the Committee. For their information, the original email that I sent

to the Clerk of the Committee (not then in her office) read as follows: -

Dear Ms Fleming, I have recently contributed to the debate on Corroboration

via The Scotsman newspaper. I should be willing to give evidence to the

Committee, particularly with a view to correcting some errors – as I see it – in

evidence already presented to the Committee. The article and the letters that I

have written (in The Scotsman) may serve as my ‘papers’ for such an

appearance.”

I am able to provide copies of my article and subsequent Letters to the Editor

in electronic form to any member of the Committee who would like to receive

them.

I have also prepared notes on the point raised in the last paragraph of my

article, viz “There are other ways of dealing with the problems that the

Lord Advocate suggested to the CommitteeI do not believe that the

Committee has had the opportunity to consider fully these alternatives.

The pre-legislative scrutiny ought to be comprehensive. The timetable for the

Committee’s scrutiny of the Bill (19 December 2013) does not appear to me to

state that the last evidence session was to be on 14 January 2014.

I sincerely hope that you will give this the most urgent and careful attention. I

would not intend to let the matter rest if I were denied the opportunity to put

my evidence before the Committee.

John McCluskey

24 January 2014


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Reply with quote  #292 
http://www.howardleague.org/fileadmin/howard_league/user/pdf/Publications/Women_sex_commission.pdf
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Reply with quote  #293 
Corroboration move endorsed by MSPs


[_73266850_73266847]

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Reply with quote  #294 
THE Justice Secretary launched his attack after Labour, Tories, Lib Dems and Greens brought the SNP government within a whisker of their first defeat since winning parliamentary majority in 2011.
[Justice-Secretary-Kenny-MacAskill-2691172]



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Reply with quote  #295 

I've said before and I'm going to say again - this singular stance on criminal law of corroboration amounts to the future of "denunciation" in practise. Akin to: "he did it and as God is my witness ( bible being corroboration) he must be guilty.".

To misuse sexual offences or domestic abuse in this disturbing way, as means of pressurising the parliamentarian vote - reminds me of Salem mentality.

Walter Duff


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Reply with quote  #296 
Went for after lunch drinks with someone who is now retired from working in the criminal justice system nice guy who helped me out years ago but I ended up working along side him. Ive never forgot how he helped and his advice always stuck with me. Anyway he was telling me stories about courts sheriffs etc I was obviously being me and saying what I thought and talking about errors made in court his reply was "my opinion is no smoke without fire, who were they trying to get off" I took his opinion and thought about it and came to the conclusion that they really must think the cant make mistakes but I know they can . Really seen him in a different light that day some of which saddened me that someone couldn't look at it from both sides[frown] I also mentioned the police helping their friends out by getting them off with things the reply was "It happens you just need to accept that" So on one hand im told there`s no smoke without fire criminals trying to get criminals off and on the other hand police getting people off with things so there really is no difference between ciminals and the police neither are upholding the law [confused] so why paythe f*****s to do a job? [biggrin]
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Reply with quote  #297 

The Police will be accused of fitting people up. Court cases will come down to a police officers word against an accused and this is where the trouble starts.This has worked for centuries without needing altered so why change it now ?

Andy Smith


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Reply with quote  #298 


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Reply with quote  #299 
Call to uncover freemason judges
Court graphic
 
A man who is facing trial in Scotland has begun legal proceedings which could force judges to put on record if they are freemasons or members of a secret society.

Thomas Monogue, 55, from Dunfermline, faces a housebreaking charge, but he claims that if his hearing is presided over by a freemason it will not be impartial.

The company director is using the European Convention on Human Rights to make his claim.

He told Sheriff Stuart Forbes at Dunfermline on Thursday: "I contend there is a possibility that a court presided over by a freemason deciding my guilt would not be impartial to me as a non-freemason or could discriminate against me.

[startquote]
A sheriff's membership of a masonic brotherhood infringes my human rights and damages the impartiality of the court.
[endquote]
Thomas Monogue

"This is based on my understanding of the promise freemasons make, swearing in effect that they will give a brother mason the benefit of the doubt in interpreting all things, including the law.


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A new criminal offence of police corruption will be created following "profoundly shocking" revelations about Scotland Yard's investigation of Stephen Lawrence's murder, the home secretary says.

[PoliceCorruption_187x284]

Addressing the House of Commons, Theresa May said that an addition to the criminal justice and courts bill, which is currently making its way through parliament, would be made to deal with serious police corruption.

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