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Legal Updates

Is It Right to Treat Arrested Under-18s as Adults?

Arrest under 18sThe Police and Criminal Evidence Act 1984 (PACE) currently permits the police to treat a 17-year-old as an adult while in police custody. This position is at odds with the treatment of under-18s according to other legislation such as the Children’s Act 1989, the Legal Aid Sentencing and Punishment of Offenders Act 2012, and the UN Convention on the Rights of the Child.

Agreeing to Terms of Service Online

Perhaps the biggest lie on the Internet is saying, “Yes, I have read and agree to the above statement.” But if you want to obtain any service, you will have no choice but to agree with a company’s terms. This month we will be looking at the implications in contract law of clicking the ‘I agree’ box. 

Are these terms legally binding?

Traffic Courts to Handle Less Serious Offences

Recent news stories have been reporting on new fast track traffic offence courts that are to be set up soon. The courts will be set up in England and Wales. The aim of these traffic courts will be to hear minor traffic-related offences. The plans follow a pilot phase where such fast track motoring courts were set up in nine different areas across the country. So, why are these courts being set up?

The Increase of Litigants in Person

We recently saw massive changes in the way legal aid works in England and Wales. In a bid to cut legal aid budgets by over £350 million pounds a year, the Government have made several changes to the system and cut the availability of legal aid to a variety of civil as well as criminal law cases.

Changes to Consumer Law Concerning Digital Content

This month we had one of the highlights of the parliamentary year, the Queen’s Speech. This is the official announcement of what new laws the government plans to introduce in the year ahead. One proposal that stood out was a change to the protection available when you purchase faulty digital content online.

Is Law Fair?

On the whole it is, although some peculiar situations come up sometimes, and I am going to recount three of them to you!

R v Collins [1972] 2 All ER 1105 

One summer’s evening, a Friday in 1972, a 19-year-old, blond, good-looking chap had been out on his own to a local pub in Colchester, Essex. Little did he know, as he downed several pints of beer, that before the night was out he would become the lead player in a case that subsequently went from the Essex Assizes, where he was convicted of burglary with intent to commit rape contrary to s.9 (1)(a) of the Theft Act 1968, to the Court of Appeal Criminal Division where his conviction was quashed (R v Collins [1972] 2 All ER 1105). The Assize Courts, by the way, were disbanded at the end of 1972 by The Courts Act 1971 and replaced by the Crown Court.

How Will the Latest Legal Aid Cuts Have an Impact?

Legal aid is a way to offer legal advice and support to people who cannot afford to pay for it themselves. It has been one of the basic pillars of the welfare state since it came into being. But new changes that came into effect in early April in England and Wales have removed legal aid funding from various areas of civil law, including family disputes and social welfare benefits advice as well as housing and debt problems.

Does Prison Work as a Deterrent?

In October 2012, David Cameron made a statement about the prison system and that prisons should be made to work for the offenders. He also said that punishment and rehabilitation should in fact take equal precedence in preventing crime. The Prime Minister said that the debate on punishment had become too ‘black or white’, and that the prison system should be one that has a positive and rehabilitative impact on an inmate’s life, rather than merely a punitive one. 

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