The Assaults on Emergency Workers (Offences) Act 2018 (the 2018 Act) received Royal Assent on 13 September 2018. It is an Act to make provision about offences when perpetrated against emergency workers, and persons assisting such workers; to make certain offences aggravated when perpetrated against such workers in the exercise of their duty; and for connected purposes.
The background is growing concern that emergency workers are also victims of offences. For example -
This Act extends to England and Wales only and comes into force at the end of the period of two months beginning with the day on which it is passed.
This blog does not offer legal advice and should never be used as a substitute for professional legal advice. Posts are not usually updated.
29 September 2018
Footballers, flashy cars and motoring offences
Footballers, flashy cars and motoring offences have been in the news recently.
It was reported that Southampton player Mario Lemina admitted three counts of failing to identify himself in March and May -BBC News 4 September. Aldershot Magistrates Court dropped the speeding charges, but gave Lemina 18 points on his non-UK driving licence, taking his points tally to 39. Lemina, 25, of Ashley Heath, Dorset, was fined £660 for each of the three offences, in addition to a victim surcharge. His Mercedes was caught on speed camera three times breaking the limit.
It was reported that Southampton player Mario Lemina admitted three counts of failing to identify himself in March and May -BBC News 4 September. Aldershot Magistrates Court dropped the speeding charges, but gave Lemina 18 points on his non-UK driving licence, taking his points tally to 39. Lemina, 25, of Ashley Heath, Dorset, was fined £660 for each of the three offences, in addition to a victim surcharge. His Mercedes was caught on speed camera three times breaking the limit.
27 September 2018
Birmingham 1974 bombings - "Perpetrator issue" excluded from new inquests
Bombs detonated on 21 November 1974 in Birmingham and wrecked the Mulberry Bush and the Tavern in
the Town. 21 people were killed and 182 injured. A third explosive
device failed to detonate. Six men - (Hugh Callaghan, Patrick Joseph
Hill, Gerard Hunter, Richard McIlkenny, William Power and John Walker) -
were arrested and subsequently tried in the Shire Hall of Lancaster Castle before Bridge J and a jury. The trial commenced on 9 June
1975 and the men, having been convicted, were sentenced on 15 August
1975. Their convictions were quashed by the Court of Appeal (Criminal Division) on 14 March 1991 - R v McIlkenny, Hill, Power, Walker, Hunter and Callaghan [1991] EWCA Crim 2 - Lloyd, Mustill and Farquharson LJJ.
'Tommy Robinson' case adjourned for written submissions
Mr Stephen Yaxley-Lennon (aka Tommy Robinson)'s contempt case was the subject of posts 1 June 2018, 5 July and 1 August.
The Court of Appeal - Full Judgment (Bailii) or Full Judgment (pdf)
The appeal in respect of the committal for contempt at Leeds Crown Court was allowed. Mr Robinson was granted bail and the matter of contempt at Leeds Crown Court was remitted to be heard by the Recorder of London at the Old Bailey.
The Court of Appeal - Full Judgment (Bailii) or Full Judgment (pdf)
The appeal in respect of the committal for contempt at Leeds Crown Court was allowed. Mr Robinson was granted bail and the matter of contempt at Leeds Crown Court was remitted to be heard by the Recorder of London at the Old Bailey.
'Fracking' protesters jailed ~ Public Nuisance ~ excessive sentences
The Independent 26 September reports that three anti-fracking activists have been jailed for halting a convoy of lorries in a four-day protest outside a shale drilling site. Simon Roscoe Blevins, Richard Roberts, and Rich Loizou, are thought to be the first environmental demonstrators to receive custodial sentences in the UK since 1932. Blevins and Roberts were each imprisoned for 16 months and Loizou was jailed for 15 months at Preston Crown Court on Wednesday. Further reports at The Guardian 26 September , Channel 4 News (video) and The Canary.
As is so often the situation, sentencing remarks have not (yet) been published by the Judiciary and so our views are informed by media reports.
The men were sentenced
26 September 2018
Did this offender "get away with it"
The Essex Police Federation reports - "Man ordered to pay just £50 after spitting blood in officer's face" - Daily Express 26 September. An Essex Police Officer who had blood spat in his face during a
‘disgusting’ assault as he made an arrest has hit out at the leniency
the courts showed to his attacker. PC Rhys Linge says his assailant, who was ordered to pay him £50 in
compensation, will ‘feel like he’s got away with it’ and that he and his
colleagues are feeling increasingly let down by the courts."
The officer
The officer
24 September 2018
Civil aviation and a "no deal" Brexit
If you book a flight planned to depart after 29 March 2019 then do not be surprised to find a clause in the contract such as "subject to the regulatory environment allowing” the flight to take place. On how air operators may seek to limit their liability see The Guardian 4 October 2018.
There have been warnings for a considerable time that Brexit could result in international flights being unable to operate - please see post 19 July 2018 - Brexit and Civil Aviation . In that post I noted the UK government position regarding civil aviation as set out in the White Paper - The future relationship between the UK and the EU - and also included an overview of the existing Civil Aviation Regulatory system.
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