Petitions

Tuesday 8th October 2013

(10 years, 7 months ago)

Petitions
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Tuesday 8 October 2013

Certain Care Proceedings in Birmingham

Tuesday 8th October 2013

(10 years, 7 months ago)

Petitions
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The Petition of a mother living in Birmingham, Yardley
Declares that the mother was betrayed by her barrister Andrew Neaves in care proceedings in Birmingham.
He allowed the judge to conclude that she accepted the need for a care order when she clearly did not.
Also, in cross examining his own client he asked and she responded:
Q. I think in these proceedings you have already made a number of statements, which we see in the bundle and also on your behalf a response to the threshold has been made, which resulted in an agreed threshold document. Is that right?
A. Yes.
Q. And is what you have said in the course of your statements to this Court true and accurate?
A. Yes.
Q. I am not going to take you in detail to your statement. What I am going to ask you about are matters in particular of more recent moment, but before I do I want to ask you first of all about the threshold document that has been agreed in this case. Do you accept that the threshold document contains agreed information before the Court, which illustrates that in the past your parenting has not been good enough?
A. Yes.
Following this District Judge Asokan concluded in her judgment of 26th September 2012 paragraph 21 “All the parties agreed that the threshold criteria pursuant to s.31 of the Children Act 1989 has been met. I am therefore, empowered to make an order in this instance. “
The mother, however, did not agree that the threshold criteria had been met merely that the facts in the threshold criteria were true. The mother takes the view that the threshold criteria do not meet the threshold of “significant harm” as referred to in the Children Act 1989. The threshold criteria referred to accidents that happened to the children, an attempt by a child to open the door of a clothes dryer, an attempt by the young children to leave the house when a visiting Social Worker left the front door open, having a Staffordshire Bull Terrier dog that sat on a child’s torso and having inadequate stair gates.
The mother appealed the decision and HHJ Hindley refused permission to appeal. This had the effect of preventing the case and the malpractice of Mr Neaves from being considered by the court of appeal and was refused on the basis of jurisdiction by the court of appeal on 26th September 2013 reference [2013] EQCA Civ 1158. Furthermore the appeal was considered to be out of time because of a delay in obtaining a judgement. HHJ Hindley argued that because the mother had a barrister at the hearing in court of first instance that it was possible to appeal without the judgement. However, given that the mother's argument is that her barrister undermined her case it would be quite surprising if the barrister had assisted her in putting that argument to an appellate court.
The Petitioner therefore requests that the House of Commons establishes an inquiry into her case and the general difficulty faced by parents getting their cases considered by the appellate system particularly when victims of malpractice by legal advisors and whether the Access to Justice Act 1999 should be changed to ensure that all cases can be considered at least on paper by the Court of Appeal.
And the Petitioners remain, etc.—[Presented by John Hemming.]
[P001224]

Jamie Still Campaign

Tuesday 8th October 2013

(10 years, 7 months ago)

Petitions
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The Petition of a resident of the UK,
Declares that the Petitioner believes that the sentences for drink driving need to be tougher in the UK; in one case the brother of Rebecca Still was knocked down and killed by a drunk driver whilst he was on the pavement with his friends; further that the Petitioner believes that the driver did not lose his licence until eight months later and did not go to prison until nine months later; further that the driver received four years in prison but may only serve two years. The Petitioner would like zero tolerance for drink drivers so that they lose their license earlier and so that sentences are longer.
The Petitioner therefore requests that the House of Commons urges the Government to amend legislation so as to be tougher on drink driving.
And the Petitioner remains, etc.—[Presented by Greg Mulholland, Official Report, 3 July 2013; Vol. 565, c. 1027.]
[P001192]
Observations from the Secretary of State for Justice:
The maximum penalty available for causing death by careless driving when under the influence of drink or drugs is 14 years imprisonment. The courts are also obliged to disqualify the offender from driving for at least two years and to order an extended retest. Within that limit, sentences in any individual case are for the court to decide, taking into account any aggravating or mitigating factors and any sentencing guidelines.
Sentencing guidelines are developed independently of Government by the Sentencing Council. In February, the Justice Secretary wrote to the Sentencing Council, to ask them to review the sentencing guideline for death by driving offences. They have responded positively: the Council have recently published their new workplan, which sets out their intention to hold a public consultation on motoring offences causing death or injury in Autumn 2014.
Driving bans come into force immediately they are imposed at point of sentence and the court informs the DVLA so that the enforcement takes place. Since disqualification from driving is a sentence it would not be appropriate to ban a defendant from driving before they are convicted, however where appropriate the courts can impose a bail condition that the individual should not drive a motor vehicle. If there is a delay in sentencing after conviction, the court also has a power to impose an interim disqualification on a defendant, where it is lawful to do so. Guidance on this was recently issued by the Crown Prosecution Service:
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_prosecuting_cases_of_bad _driving/#a11