Once you’ve taken the Oath or given an Affirmation in Court you are legally obliged to be completely honest. If you’re caught out lying you can be charged with perjury, contempt of Court or even perverting the course of justice. Lying under oath can be both a criminal and a civil offence. The punishment could include a fine and/or a jail sentence, depending on what effect the lie has.
When people who should not be in such work manage to slip through the cracks in the pavement and enter professions where vulnerable children or adults are involved, this is an issue that is always guaranteed to create a high level of controversy in society. After all, the vulnerable are the people we should always make every effort to protect the most, and when there has been a breach of trust, this is something we have to learn from and we must ensure the same thing never happens again.
Over the years since I have been writing articles for The Institute of Legal Secretaries and PAs, I have covered the topic of anti-social behaviour on a number of occasions. This is mainly down to the fact that this particular subject means so much to all of us; after all, it is a huge issue within many of our neighbourhoods, and there are high levels of frustration when it comes to how people feel local authorities, the police and the criminal justice system are dealing with such problems.
A Summary of the Effect of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
For several months we have been following the passage of the controversial Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) through Parliament. This month, despite 14 defeats for the government in the House of Lords, it has now become an Act. The changes to civil litigation will be the most comprehensive since the Civil Procedural Rules (CPR) were introduced over 12 years ago. These reforms were not unexpected, and if you look back through the Institute’s journal articles since 2010 you will see many references to Lord Justice Jackson’s Report on Civil Litigation and costs.1 It has already taken two years for the Jackson reforms to hit the statute books, and it is expected to take until April 2013 for the changes to be made in legal practice.
One of our Associate Members, Clint Diesto from the Philippines, has written an article on the importance of Paralegals in small claims cases. The fundamental question is, when should Paralegals appear in order to assist a litigant?
Imagine yourself at a collection suit hearing in a tribunal or court where you have to appear before a Judge. Although you have been informed that this is an informal hearing and you have to raise a point of inquiry before the Judge, you cannot express it confidently because you are afraid you will be misquoted by the court.
Another instance would be as follows: You are supposed to present your bargaining terms with the other party, yet you cannot formally present it even with the court’s assistance, because you cannot lay down “legal and formal” terms and conditions.
The Law Commission1 recommended at the beginning of this month that more than 800 old laws be removed from the statute books. The recommendations cover laws on poor relief, lotteries, turnpikes and Indian railways. The oldest legislation dates back to 1322 (Statutes of the Exchequer), and the most recent is part of a Taxation Act from 2010. This is the largest of the Law Commission’s reports (there have been 18 others to date) on removing outdated laws. It is likely that their recommended Statutory Law (Repeal) Bill will be accepted by Parliament this summer as (another!) law on the statute books.
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The subject of House of Lords reforms has been continually discussed for more than 100 years. Many of us have come to believe that the possibility of any real reform is a myth. For some, the House of Lords itself is like an archaic myth – do they really refer to one another as ‘noble lord’ and ‘noble baroness’? And what work do they really do? Now the current coalition Government has decided that it wants to have another crack at reform.
We have previously reported on how the changes to legal aid and civil costs were likely to mean more people would have to act on their own behalf as litigants in person (“Going it Alone,” October 2011). The full extent of the reforms remains uncertain as the Government’s Legal Aid Sentencing and Punishment of Offenders Bill remains stalled in the House of Lords. Despite the uncertainty, organisations are continuing to ready themselves for substantial change. This month we will look at the recommendations of the Civil Justice Council made in November 2011 and consider the work of one of the partnering organisations – The Personal Support Unit (PSU) – which is likely to play an increasingly important role in the legal proceedings of the future.
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This month we had hoped to advise you about the current state of reforms to the civil litigation system. We are not able to do this, however, as the Legal Aid Sentencing and Punishment of Offenders Bill (LASPO) is having a rough ride through the House of Lords. For those of you who have studied on the Diploma course and developed an interest in how the Lords influences (and arguably, improves) our laws, this is a good bill to follow. You can find the latest details on the Parliament website, www.parliament.uk, under Bills & legislation.
When you think of writing a will, it is unlikely that what comes to mind are issues about cutting-edge technology, but that is exactly what some practitioners are now thinking about. Wills and probate, like any area of the law, must try to keep moving with the times. Changes in how society uses technology mean that lawyers need to be aware of new issues that affect how wills are prepared and what matters they should cover.