Category Archives: Featured

Drug Driving (guest blog by Tim Huestis)

Drug Driving


This blog is by Tim Huestis of Shearman Bowen and Co.

 

As of 2 March 2015 new drug driving laws come into effect.  Drug driving is prohibited by a new s5A Road Traffic Act 1988.

Drivers can be subjected to a roadside ‘drugalyser’ test that can detect the presence of cannabis and cocaine in a driver’s saliva.  Drivers can also be subjected to a field impairment test.  

A failure of either roadside test can lead to an arrest whereby a suspect is taken to a police station to undergo a blood or urine test.  The blood or urine test will test for 8 illegal drugs: cocaine, cannabis, ketamine, LSD, methylamphetamine, heroin, benzoylecgonine, and MDMA. 

It is also now illegal to drive with certain prescription drugs, however the legal limits have been set above normal doses and drivers who take their medication in accordance with the advice of their doctor should fall below the limits. 

Drivers convicted of drug driving face imprisonment (up to 26 weeks currently as a summary only offence, although 51 weeks allowable if the legislation increasing Magistrates sentencing powers comes into effect) together with disqualification, level 5 fine and anywhere between 3-11 points.

 

Certain procedural aspects surrounding the enforcement of drug driving laws remain unclear.  Indeed, Greater Manchester Police have issued a statement confirming that they will not be prosecuting suspected drug drivers until the new laws and procedures have been scrutinised by the Courts.

There will inevitably be legal challenges to the procedures, practice and evidence, and myself and the Shearman Bowen team look forward to putting the legislation under rigorous scrutiny.

Tim Huestis, Solicitor, Shearman Bowen & Co.

2nd March 2015

Thanks Tim!

Notes

1 Official guidance on Govt. Website www.gov.uk/drug-driving-law 

2 Drugs playlist 

3 The legislative amendments to the Road Traffic Acts were enacted by SI 733 (publ. March 2015)

Likely Defences

Not the driver, exclusion of evidence under s78 PACE following alleged  breaches of police powers, testing carried out incorrectly, false positives, post driving consumption (the drug equivalent of “hip flask defenc even”, defective testing devices, prescription drugs or other lawful reason (expert evidence needed)

Not Magna Carta: Grayling’s Legal Summit

2015 marked the 800th anniversary of the signing of Magna Carta, where we should have celebrated the cherished ideals of Equality before the Law, right to a jury trial, and the principle that  Justice should not be for sale. Instead, the Government, with it’s legally illiterate Lord Chancellor Chris Grayling, held (on February 23rd) an invite only “Legal Summit” with tickets priced at £1500 per head.
It has been said , “In its majestic equality, the law forbids rich and poor alike to sleep under bridges, beg in the streets, and steal loaves of bread.” (Anatole France, see here for more on equality before the law)
But only the rich could afford to attend Grayling’s fat-cat jamboree, hypocritically masquerading as a Magna Carta celebration. Some invited to speak chose to boycott the event.
Many with integrity indicated their opposition, and set out why as recoreded in this blog

I attended the alternative “Not the Great Law Summit”  protest, demonstrating outside the official event. A write-up is here in the Justice Gap.

Speakers included  Maxine Peake (Pictured below), Debora Coles from Inquest,  Marcia Rigg, Karl Turner MP, Andy Worthington and  Jon Black (President of LCCSA)


There was an impeachment hearing for “King John” Christopher Grayling. 

There was also a walk from Runnymede to Westminster over the weekend of 21st-23rd February (“Relay for Rights“)

Anyone who would like to learn more about the issues raised in this blog, may like to look at the website of the Justice Alliance www.justiceallianceuk.wordpress.com
You can also catch up on events as they happened on Twitter using hashtags  #RelayforRights and #NotGLS2015

Notes

1 Check out this excellent article in the New Statesman by Anthony Barnett (founding editor of Open Democracy) who spoke at the start of the March at Runnymede, and joined the walk and demo. 

2 This Article in the Islington Tribune features Ruth Hayes of Islington Law Centre, who also spoke at the Runnymeade gathering and joined both walk and demo. My letter in the same paper is here. 

The Impeachment of “King John” Christopher Grayling

0n 21st February 2015 the Justice Alliance met in Runnymede and set out for Westminster as part of a JA event called Relay for Rights.

This finished on 23rd February with the “NOT THE GREAT LEGAL SUMMIT” In Westminster.

This was organised as a direct response to the hypocritical “Great” Legal Summit, which in the name of Magna Carta, was being used to promote the kind of law that in fact has no resemblance to the principles still celebrated from that historic document.

At the alternative event, on the inspiration of Justice Alliance member Rhona Friedman, I was asked to seek impeachment of the Justice Secretary Chris Grayling by asking the assembled crowd to vote on “articles of impeachment” .

The Articles put to the crowd, and their responses, are recorded below:-

 

                                                 ARTICLES OF IMPEACHMENT 

 

                                    The People

                                      V

                     “King John Christopher Grayling”

 

Summary: One Resolution consisting of four articles of impeachment. 

The articles will be debated and voted on individually

 

Introduction

 

The original King John  had ruled using the principle of “force and will”, taking executive and sometimes arbitrary decisions, justified on the basis that a king was above the law.

800 years later, Chris Grayling, a man posturing as Lord Chancellor, takes executive and arbitrary decisions, and by seeking to remove the rights to Judicial Review attempts to place himself above the Law. 

Article 1   MISLEADING PARLIAMENT AND THE PEOPLE

 

As Secretary of State, King John Christopher Grayling provided false and misleading evidence to the House of Commons regarding Judicial Review Reform, having either knowingly lied in order to try to get his bill past the Commons or fundamentally misunderstanding his own legislation.

 

The Secretary of State further provided false and misleading evidence to the Commons about probation privatisation projects in that G4S and Serco confirmed they had been granted new government work during a period when Grayling had told MPs that contracts would not be awarded   Remember SERCO are the robber barons who claimed for supervising the dead!  

 

TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS MISLED THE COMMONS AND THE PEOPLE?

 The People voted AYE 

 

 Article 2       OBSTRUCTION OF JUSTICE 

 

The Secretary of State has obstructed and diminished Justice by :

 

–Reducing the number of people who took mental health cases from 42,000 to 523 in one year 

 

-Removing legal aid from family cases so that 2/3 of people face court alone 

 

Pricing people out of Employment Tribunals so that unfair employees know that they can sack their staff unlawfully 

 

Banning books in prisons until Court Action forced  him to stop 

 

Creating a two tier criminal justice

 

 TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS OBSTRUCTED JUSTICE?

The people voted AYE 

 


 

 Article 3       ABUSE OF POWER

 

The Secretary of State misused and abused his office and impaired the administration of justice, in that

 

1. He forced through a privatisation of  Probation Service with no proper impact-assessment and at great risk
2. He has brought the Ministry of Justice into disrepute by “Flogging to the floggers” (contracting with the selling of legal services to Saudi Arabia, which has despotic judicial and barbaric punishment systems)
3. Whilst holding the title of Justice Secretary, he has practiced,supported and embodied INJUSTICE, and has been defeated repeatedly in the Courts.

 

TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS ABUSED THE POWER VESTED IN HIM?

The people voted AYE

 

ARTICLE FOUR -ABUSE OF OATH OF OFFICE

 

AS Lord Chancellor King John Grayling is charged with upholding the Rule of Law – We the people have by the above articles found him guilty of misleading Parliament , obstructing justice and abuse of power.

 Do you the people therefore think he has properly discharged his constitutional duty in accordance with his oath of office to ensure the provision of services  for the efficient and effective support of the courts?

 TO THIS ARTICLE DO YOU THE PEOPLE FIND THAT KING JOHN CHRISTOPHER GRAYLING HAS ABUSED HIS OATH OF OFFICE-HOW SAY YOU, AYE OR NO?

The People voted AYE

Lastly do we the people on this fake anniversary of the Great Charter find him to be an Upholder OF THE RULE OF LAW?  AYE OR NO ? 

The People voted No

  

KING JOHN GRAYLING WAS DULY IMPEACHED- SO SAID WE ALL!

He was then conveyed, in stocks, amidst a jeering crowd,  to the “Great Legal Summit” , wherapon the Crowd did chant “Failing Grayling -out, out, out!”

But alas, he stayed in, and the will of the people once again was overborne.

800 years after it was sealed, people still remember the Magna Carta.

Grayling, if recalled in history at all, will be remembered about as fondly as his medieval predessor, the hated King John.


 

 

 

GUEST BLOG: The Big Picture

“The lamps are going out all over Europe; we shall not see them lit again in our life-time”
– Sir Edward Grey – British Foreign Secretary 1905 to 1916

Part of 14-18 NOW, WW1 Centenary Art Commissions, LIGHTS OUT invited artists to create large-scale, site-specific artworks at locations across the UK.
In a dramatic UK-wide event LIGHTS OUT was an invitation to turn off lights on 4th August, leaving on a single light or candle for this shared moment of reflection.  Find Out More here: www.1418now.org.uk

 The Big Picture provide virtual candles and other digital resources to mark the occasion. They have video loops of candles and lamps to play back on your tv, laptop or mobile .

This is a part of The Big Picture – a pan-European video installation designed to creatively commemorate the 100 year anniversary of the First World War.

You can view all their resources at www.thebigpicture.org.uk/resources

“Save Our Slide!” Guest Blog by Adam and Daniel FoxSmith

This first part of blog from 2014 is by Adam Foxsmith then aged 10 

We all know that children’s play space is important in a crowded place like Islington. So when my brother Daniel,( aged 6, yr2) and I heard that the Council were planning on taking down the Archway slide, we felt we had to do something about it.
There was a consultation, but we discovered that both options involved taking down the slide!
So, Daniel and I put together a question for the Council meeting, as reported in the Islington Tribune HERE
At the meeting, Daniel asked the question “Will you save the slide?”, and I asked a supplementary question. The Council said they would think about it!
We also presented a petition to save the slide.
We have decided to continue the petition, to see how many more signatures are gathered. The Council is still considering what to do, as reported HERE

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This part of the blog is by Daniel Foxsmith (now aged 10) in 2017

I am very happy that the Council has improved the park. It is great to have the slide back and I am glad that we saved it. I have tested the slide and can confirm that it as good as before or maybe better! 👍

Slide re-opening covered by Islington Tribune here

Notes

The park-including revamped slide was re-opened on September 30th 2017

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Grayling Day Demo -Speakers for Justice

The following speakers spoke up for Justice at The Grayling Day demo in Westminster on 07/03/14

1 Paul Harris
A former president of LCCSA, Paul opened the proceedings with a rousing address. He said the cuts would result in a two-tier system – one for those with money and one for those without.
2 Alistair Webster QC
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A Lib Dem peer but speaking as a lawyer he reminded us of their Party Policy of supporting Legal aid, but commented adversely on their failure in government to speak out against Grayling’s cuts, concluding “The politicians may have failed Justice. We will not.”

3 Laura Janes
Laura, representing The Howard League for Penal Reform dealt with how Chris Grayling has removed most prison law work from criminal legal aid.
4 Sir Ivan Lawrence QC
Sir Ivan (criminal barrister for over 50 years, and was a Tory MP for over 20 years) said he was ashamed of this Government. “We will bring the Criminal justice system to a halt to save it- that’s why we are here”
5 Ian Lawrence (NAPO)
Representing the Probation Service, also under attack by Grayling,

6 Paddy Hill

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Paddy reminded us what is at stake. “There will be many more miscarriages of Justice like the Birmingham 6 if legal aid is cut to this level.” An article about Paddy’s speech, with a clip in which he brands the MOJ the “Ministry of Injustice” is here.

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7 Sir Anthony Hooper
Retired Court of Appeal Judge, Sir Anthony reminded us  eloquently:-“For some 60 years everyone has had the right to equal access to Justice. This Government is destroying that right”
8 Francis Neckles
Francis was rightly acquitted at trial, preserving his good character, thanks to good representation by his Legal Aid lawyer. “Chris Grayling says he can’t afford to fund legal aid- Francis Neckles says we can’t afford NOT to”
9 Shami Chakrabarti

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Representing Liberty, Chakrabarti made a powerful speech linking Legal Aid with freedom.

10 Dave Rowntree
Dave is drummer with Blur and was also a solicitor with Kingsley Napley.
He spoke about the Magna Carta, which was signed 800 years ago next year, and clause 40 – “To no one will we sell, to no one deny or delay right or justice.”
11 Nigel Lithman QC
Representing the CBA, he had been invited to speak to demonstrate the unity between bar and solicitors in fighting the cuts. Three weeks later, the CBA struck a “deal ” with the MoJ, favourable to the bar but not solicitors, having met the MoJ secretly and without solicitors representatives being consulted. Relations between the criminal bar and criminal solicitors reached an all-time low point following these actions, but have improved enormously under subsequent and present CBA leadership.
12 Janis Sharp
Janis is Mum to Gary McKinnon, and led a courageous (and ultimately successful) fight against his extradition. She knows the value of legal aid, and  can be seen in the YouTube film below (incorrectly subtitled as Janis McKinnon- apologies Janis)
13 Bill Waddington
Bill was a former and the current chair of the CLSA.
14 Noela Claye
Speaking with the support of the charity Women against Rape WAR, Noela brought a victims perspective, and showed that ultimately this demo was not just about fees or careers, it was also about victims, clients, and justice.
Noela spoke on camera in the short film of the start of the demo (link below)

Hanna Evans
Hanna was a new tenant and rising star at 23 Essex St. Chambers. Read more (and hear her speech) at #Just4Justice demo here.
15 Sadiq Khan
A former lawyer in a legal aid practice,  Labour MP and shadow Lord Chancellor (as he then was) Khan said he opposed Grayling’s cuts. When asked  to give an unequivocal commitment to reverse them if in office however he declined. In the run-up to the election campaign, he  combined his portfolio responsibility with the role of Labour lead for attacking the Green Party (who had made a commitment  to restore legal aid funding) and left the justice portfolio in favour of visits to Brighton rallying the Labour troops in an unsuccessful attempt to unseat Green MP Caroline Lucas. After the election, he successfully campaigned for London Mayor.
16 Matt Foot
Matt, one of the founder members of the Justice alliance summed up the rally, before leading a march to the Ministry of Justice.

NOTES

Short summary of the event by film-maker Ed Stradling with speaker clips here on Youtube

Another short film of the start of the demo here (Thanks to Matt Tiller)

Excellent commentary and photos of “Grayling Day” here (courtesy of Legal Aid Watch)

Photos of demo, all speakers, thanks to Luca Nieve, here

Late Night Levy Madness

The streets of Islington are, according to Islington Labour, rife with violent drunks after the midnight hour, and thus they have rushed to be the first London Borough to raise a tax on licenced premises- well summarised in the Tribune here as the Islington “late night levy”
The move will have little effect on high-profit clubs with promotional drinks offers, disgorging their drunken clientele in the early hours, but will hasten the closure of small community pubs according to CAMRA
In classic Islington style, the money raised will be spent on more saturation CCTV coverage, and recruiting a private security force, who will patrol the streets with no powers of arrest, a rag-tag motley-crew of para-military red-coats.
This hare-brained scheme was introduced by Islington Labour’s Councillor Paul Convery.

There was always something of the Puritan about Cllr Convery.

Unfortunately, Captain Convery’s New model Army is more of a “Dad’s Army”, with Paul as a cross between Private Frazer and the pompous Captain Mainwaring character, supported by his loyal sidekick Cllr Poole, and some loyal backbenchers resembling Cpl. Jones, running around wringing their hands and shouting “Don’t Panic! Don’t Panic!”

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The proposal to introduce a privatised security squad was buried in the policy paper (at para 5.3 ) and was not a “recommendation” , perhaps because the idea had nothing to recommend it, but more likely as under the Constitution it is possible only to amend recommendations, so therefore impossible to table an amendment to the goon squad proposal. 

Predictably, Councillors supporting the levy ignored the failure of current licensing policy and policing, and naively assumed that the levy would somehow magic away the problems associated with late night drinking. Thus, they argued anyone against the lobby was somehow in favour of vomit, urine and yobbery. Each speaker was keen to outdo each other with apolacyptic visions of Hogarthian imagery, Cllr Poole offering to conduct guided tours of the hellish scenes in his ward. It’s only a matter of time before someone takes up that idea, and we see “drunk and disorderly” tours advertised in TimeOut or Rough Guide. It was this hellish imagery that gave rise to the headline “Islington rivers of vomit and urine” in the Islington Gazette.

In 1979 Elvis Costello recorded Oliver’s Army.
Now we have Convery’s Army:-
Convery’s Army are on their way
Convery’s Army are here to stay
And we would rather see anything else than Islington run this way…

Full music playlist for “Cap’n Convery’s Late Night Levy Army” here

Letter in Islington Tribune here

Islington Employment Commission

Islington Council set up an employment commission, to solve the unemployment crisis in the Borough by having a series of meetings.
It sadly never reached the high profile those who dreamt it up felt it deserved, so I’ve made this playlist to help promote it.
The terms of reference, appointees and timetable were carefully controlled by the Council Leadership. Nonetheless, the aim of reducing unemployment was a laudable one.
The process has finished, and the report is here
Good luck with that!

Legal Aid Protest- lawyers on strike!

I was not representing anyone on January 6th this year.
Together with fellow legal aid lawyers, we were withdrawing our services, in protest at the underfunding of the justice system and cuts to legal aid.

What happened on 6th January?

There was this protest against legal aid cuts in the morning outside Westminster Court organised by the Justice Alliance.
This was a public demo, well attended despite the weather, to show support for legal aid and against Grayling’s proposed cuts.
I was stewarding a “training session” for lawyers, at Islington Town Hall (from 1115) organised by the LCCSA
It all started to feel a bit like a strike!
The protest was billed as a strike in the Daily Mirror
This had never happened before, and shows the MOJ is in a “right old mess” as  reported here in the Telegraph
The guardian also reported on the action
but was this just the usual stuff from ‘fat- cat” lawyers?
The reality of life for the majority of legal aid lawyers is far, far removed from the distortions regularly reported in the popular media. What is dispiriting is that selective and misleading quotes and stats are routinely deployed by the MOJ to re-in force the stereotype.
Check out the Legal Aid MythBuster here
The point of the demo was to help make people aware that if this Government continues with these cuts, It will lead to the collapse of proper publicly funded defence, and innocent people will be either unrepresented or poorly represented, with bitter consequences for Justice and Society.
A report on the Days events in Islington is here

Catch up on twitter comments #fight4legalaid and/or #walkout4justice

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