A brief look at one of the specialist branches of the law - Admiralty

English law has many specialist branches and, as an island nation, a system of courts developed to deal with disputes arising from shipping.  These courts were known as Admiralty Courts and dealt with matters such as collisions at sea, cargo, chartering of vessels and marine insurance.  In the late Victorian period the court structure was reformed by the Judicature Acts 1873-75 which created the High Court of Justice and brought within that court a considerable variety of jurisdiction previously dealt with by separate courts such as Admiralty and, from the ecclesiastical courts, probate and divorce.

Today, the High Court Queen's Bench Division has within it some specialist courts: the Administrative Court; the Admiralty Court; Technology and Construction Court and the Commercial Court.

Each year there is a small number of Admiralty cases heard in the High Court.  Also, certain County Courts have some Admiralty jurisdiction.  A recent Admiralty Court case was concerned with a collision between two ships and the apportionment of the losses - see here.  The judgment of David Steel J extends to just 33 paragraphs and is a model of succinctness and clarity.  The Judge sat with Captain Derek Richards, an Elder Brother of Trinity House, who acted as Nautical Assessor and advised the Judge on matters such as seamanship and navigation.  The use of an assessor in the High Court is unusual and is a feature of the Admiralty jurisdiction.  It helps to reduce reliance on expert witnesses.  Could it be usefully adopted in other areas?

See also Careers at Sea and the Merchant Navy Training Board
Law Careers - Admiralty
The Honourable Company of Master Mariners

Joint Enterprise

No apology is made for returning to the vexed topic of joint enterprise in criminal law.  In November 2009 the BBC published an article following a Panorama programme about this subject.  Now Diane Abbott MP has raised the subject - see The Guardian 29th July.  Abbott refers to the case of Jordan Cunliffe who was one of three convicted of the murder of Mr Garry Newlove - the others were Adam Swellings and Stephen Sorton.  Jordan Cunliffe is partially sighted and that the prosecution accepted this at the time of the trial.  [This is not necessarily a fact which would exempt a person from liability but it could, depending on all the facts, be a very important consideration to the extent that it might cause a jury to doubt whether the person had engaged in a joint enterprise particularly in a case where the alleged joint enterprise arose almost spontaneously as opposed to some pre-planned event].  Abbott calls for a review of the law. 

The doctrine of joint enterprise is required but, as it is being currently applied, is capable of producing injustice. For earlier posts on  this subject see Joint Enterprise 1 and Joint Enterprise 2  Armel Gnango case.  Reform is necessary and ought to be carried out with a degree of urgency.

MPs Expenses Case - Court of Appeal ruling

The Court of Appeal (Lord Judge LCJ, Lord Neuberger MR and Sir Anthony May) has ruled that those facing trial over allegations of false accounting in connection with Parliamentary Expenses are liable to be tried in the ordinary criminal courts.  The Bill of Rights 1689 does not, in their Lordship's view, prevent this.  See The Guardian 30th July 2010.  The MPs appealed against a pre-trial ruling by Saunders J.  Earlier posts on Law and Lawyers may be seen at Expenses 1, Expenses 2 and Expenses 3.  Whether there will be a further appeal to the Supreme Court remains to be seen.

Here is a link to the Court of Appeal Judgment.

Khyra Ishaq - the Serious Case Review Report

The Birmingham Safeguarding Children Board has published the Serious Case Review Report into the death of Khyra Ishaq.  Law and Lawyers covered this case on 26th February 2010 with follow up here and here.  The report is lengthy - 180 pages - but merits a full reading.  The review concluded that the death was preventable and makes a considerable number of recommendations including a "tightening" of the law on Home Education - see The Guardian 27th July.

The Police: the Professional Standards required

In the light of the Ian Tomlinson case, here is a look at the standards of professional conduct expected of the Police.  They are set out in a Schedule to the Police (Conduct) Regulations 2008:-

Honesty and Integrity - Police Officers are honest, act with integrity and do not compromise or abuse their position

Authority, Respect and Courtesy - Police Officers act with self-control and tolerance, treating members of the public and colleagues with respect and courtesy.  Police Officers do not abuse their powers or authority and respect the rights of all individuals.

Equality and Diversity - Police Officers act with fairness and impartiality.  They do not discriminate unlawfully or unfairly.

Use of Force - Police Officers only use force to the extent that it is necessary, proportionate and reasonable in all the circumstances

Orders and Instructions - Police Officers only give and carry out lawful orders and instructions.  Police officers abide by police regulations, force policies and lawful orders

Duties and responsibilities - Police Officers are diligent in the exercise of their duties and responsibilities

Confidentiality - Police Officers treat information with respect and access or disclose it only in the proper course of police duties

Fitness for Duty - Police Officers when on duty or presenting themselves for duty are fit to carry out their responsibilities

Discreditable Conduct - Police Officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty.  Police Officers report any action taken against them for a criminal offence, any conditions imposed on them by a court or the recepit of any penalty notice.

Challenging and Reporting Improper Conduct - Police Officers report, challenge or take action against the conduct of colleagues which has fallen below the standards of professional behaviour.

The Office of Constable is a demanding role and often requires considerable courage.  A Constable swears an oath - "I do solemnly and sincerely declare and affirm that I will well and truly serve The Queen in the Office of Constable with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law".

An interesting pamphlet on "The Office of Constable" may be seen here.

Ian Tomlinson death: Disciplinary Hearing - will it be in public?

The Police Officer who struck and pushed Mr Ian Tomlinson is to face misconduct proceedings - The Guardian 27th July.

Police Misconduct and Complaints is a complicated area of the law and a number of lawyers specialise in it.  Perhaps the principal book on the law is "Police Misconduct, Complaints and Public Regulation" by barristers John Beggs and Hugh Davies.

Such proceedings are normally held in private but there is a power under the Police (Conduct) Regulations 2008 - Reg. 32(5) - for the IPCC to require this hearing to be held in public.  The IPCC's Statutory Guidance on the Handling of Complaints refers to this at paragraphs 479-481.  In making a decision whether to order that the hearing be held in public, the IPCC will follow its own guidelines - see the criteria laid down under the earlier 2004 Regulations (here) though the IPCC has been reviewing the guidance- see here.  Under the guidance, the IPCC must first consult a number of parties including the officer in question.

Some time ago, there was considerable opposition within the Police to holding these hearings in public - (see, for example, Daily Mail 3rd January 2007) - since there was a concern that hearings would be turned into "pseudo-show trials".

Under the Police Conduct Regulations, the officer may be represented at the hearing by a lawyer and an appeal (on certain grounds) is possible to the Police Appeals Tribunal.  [Appeals are the subject of separate Regulations.  An appeal tribunal for an officer who is NOT a senior officer consists of 4 persons and the legally qualified chairman has a casting vote - Police Act 1996 Schedule 6).

Given the massive public interest in this case and the likelihood of loss of public confidence in the process if the hearing were to be held in private, this would seem to be an appropriate case for the power to be exercised.  A public hearing would also give a public hearing to the officer's side of the case and, it is important to note,  this has not yet been heard by the public.  The IPCC decision on the matter is awaited.

Addendum 28th July: There are calls by MPs for a Judge to be appointed to conduct the inquest into Mr Tomlinson's death - see BBC 28th July.

Police - shake up planned

The Home Office has issued a consultation paper dealing with reform of the Police - "Policing in the 21st century: reconnecting Police and People".  There will be Police and Crime Commissioners (to act as poweful representatives of the public) and the Police Authorities will be abolished.  The Authorities have existed since the Police Act 1964.  See BBC News 26th July.

In addition, there will be "Police and Crime Panels" made up of local councillors and lay members.  Interestingly, despite some pre-election views within the Conservative Party, ACPO appears to be safe and will become the national organisation for providing professional leadership of the Police.  A National Crime Agency will be formed and the work done by some other bodies (including the Serious Organised Crime Agency) will be taken over by the new agency.  For a considerable time the general public has felt disconnected with the Police.  The new proposals need to be examined to see how they will actually improve independence (especially from central government) and local accountability.  Also, how are these proposals going to relate to the government's demands to save money from which the Police do not appear to be immune.

Police Forces are planning for cuts in their manpower - see, for example,  Durham and North Wales.

Reaction of the Police Federation and ACPO.