Tag: aspiring lawyer

Youth Offenders – Dangerous Children?

Posted on by T. Maxwell-Harrison

What would you say to a child who had stolen some money from your purse? What if they apologised and you decided to show remorse? Think about this, what would you do if that same child, exactly a week later, was arrested and charged with causing grievous bodily harm because they smashed a glass bottle over another childs head?

Youth offenders, also called young people, young offenders, are rampant in the United Kingdom. In fact, the UK has the highest rate of youth offenders across Europe. (https://www.theguardian.com/uk/2008/sep/22/ukcrime.prisonsandprobation) Although the article is from 2008, what does it tell us? Charity Barnados stated in that “custodial sentences are ineffective because 78 per cent of 10 to 14 year olds reoffend within 12 months of release”. Quite a significant figure. If you look at what is available to youth offenders, or children, you will see that the criminal justice system or youth court system powers vary widely when dealing with children.

Before going any further, it would aid if you understood exactly what a child is in the eyes of the law. The age of criminal responsibility is from 10 years old. This may bring up mixed emotions when you read it, as surely that is too high, or surely, is too low? Under 10 and you cannot be arrested and charged with a crime, a rather frightening thing though isn’t it? (https://www.cps.gov.uk/crime-info/youth-crime). Some suggestions out there state that people are born good or bad, and if that is true, and a child is bad and commits a heinous crime, like murder at 8 years old… that leaves open a massive hole, which will likely be filled by media misinformation. Young persons therefore, are from 10 to 17 year old. Actually, its 14 and under at which they are classed as children, at the point they committed the offence. 18 onwards is classed as an adult by the law of England and Wales. However, it gets complicated with the 18 year olds. If sentenced to prison, they will enter an establishment called a young offenders institution that holds 18-25 year olds. To read more about the sentencing guidelines of youths read the following (https://www.sentencingcouncil.org.uk/overarching-guides/magistrates-court/item/sentencing-children-and-young-people/).

“…that leaves open a massive hole, which will likely be filled by media misinformation.“

 Youth Justice and Criminal Evidence Act (YJCEA) 1999 introduced safeguards for children which would allow youth court to operate completely differently to the normal courts. The youth court would not be as formal as a crown court. Counsel would not be wearing wigs or gowns and the child will be addressed by their first name, to help put them at ease. There is no public in the court and the identity of the child is to be kept hidden to protect them, although the press is allowed into the youth court. Usually there would be a parent or guardian required if the youth is 16 or under. There would be someone there from the youth offending team (https://www.gov.uk/youth-offending-team) if appropriate along with a court officer. The court will deal with offences such as theft and drug offences, (https://www.gov.uk/courts/youth-courts). More serious crimes like rape or murder, also called grave crimes, will be sent to the crown court.

There has been an overall decrease in young offenders and child offenders ( (https://www.gov.uk/government/statistics/youth-justice-statistics-2020-to-2021/youth-justice-statistics-2020-to-2021-accessible-version), however, what the statistics show is that a lot of the crimes committed are predominantly by males.

Young persons committing these crimes seems to be an integral part of society, it drags it down and doesn’t look promising for the future of our country when the children are turning to the dark side of crime. Take a look at the following post by the Crown Prosecution Service – https://www.cps.gov.uk/wessex/news/59-year-old-man-stabbed-and-beaten-teenagers. Both defendants were young offenders at the time of the offence, Clarke being 17 and his unnamed accomplice 15. Upon sentencing, at which point Clarke turned 18, he was stripped of the protection of the youth courts in terms of keeping his identity hidden. His accomplice must have been 16 and thus, they cannot name him. This change in age is significant and it will impact the sentence they received. It was a heinous crime involving stabbing a 59 year old man. Clarke received a sentence of 3 years detention in the young offender institution as has been touched on above. Notice also, that he was sentenced in the crown court. This is because of a few factors, most notable is that he is receiving a sentence above two years. The youth court cannot deal with him due to his age. The youth court can only impose a maximum of a 2 year detention and training order, Section 34A Children and Young Persons Act 1933. (https://yjlc.uk/resources/legal-terms-z/youth-court#:~:text=The%20maximum%20sentence%20in%20the%20youth%20court%20is,Section%2034A%20Children%20and%20Young%20Persons%20Act%201933). Reviewing this 3 year sentence, it does seem appropriate, given his age, given the nature of the offence and his plea. Had he been sentenced under 18, he may have received a detention and training order from the youth court at a lesser rate.

Moving to Clarke’s accomplice, who pleaded guilty to battery and criminal damage at Southampton Youth Court in June 2020. He received a 12 month referral order and must pay £50 compensation to the victim. Being I presume 16 at the time of sentence means he is still within the definition of a young offender. He received a referral order, meaning that he was pleading guilty and would have likely been his first offence. A referral order “must be imposed on any youth with no previous convictions who pleads guilty to any imprisonable offence, unless the court is considering an absolute discharge, conditional discharge, Mental Health Act order or custody” (https://www.sentencingcouncil.org.uk/pronouncement-cards/card/referral-order/). The justice system determined that 12 month referral order with a fine was sufficient. Due to the complex nature of the various possibilities with youth offenders, it will not be possible to cover all of it here.

There is more to young offenders and children being convicted of crimes. There appears much scope for the issues to be tackled before the crimes are committed. Perhaps targeted towards the rampant availability of dangerous weapons which are easy to get hold of. Or, perhaps the inadequate or uncaring parenting that is resulting in damaged children seeking some sort of justice for the way they feel? Is the crimes being committed by children due to a lack of education or empathy? Maybe a lack of human contact or support, drug use, housing issues, family issues… the possibilities are endless. This articles suggest some of those reason – https://www.nidirect.gov.uk/articles/preventing-involvement-crime. Parents are not invisible to the court system though, and should they find their children involved in crime, may be given a parenting order. Such arises where a child doesn’t attend school or commits a criminnal offence (https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-court/item/ancillary-orders/19-parenting-orders/). (https://www.edgehill.ac.uk/law/research/criminology-research/parenting-orders-criminalisation-parenting/).

Ultimately, what someone does or does not do can come down to a range of varying factors, some of which may never come to light, due to embarrassment, such as mentally ill children who have been abused, or those who come from broken homes, or lower income families. It isn’t about blaming anyone though. We can’t resolve an issue by ignoring possible solutions whilst pointing the finger. Youth offending teams and the multiple charities supporting young offenders is incredible. Support is there to give them the rehabilitation they need and possibly more. It is easy to judge someone if they have a child who is convicted, but how would that affect you? Do you see beyond the newspapers and the mostly rhetorical nonsense that the news tells us about the real reasons for young people committing crimes? Do you better understand the legal definition of children and the possible sentences available, so when you see stories purportedly suggesting a 15 year old ‘should have got 10 years’… what will you say?

This has been an article on children and young offenders.

An Update On My Results

Posted on by T. Maxwell-Harrison

Thanks for following my journey into law and my experience on the bar course. You may recall that back in November I posted about criminal conference as my assessment was due to take place in December. A lot has happened since then. I’ve been very depressed and had my ups and downs over the last month. Today I checked my results.

This month, February, is particularly busy in terms of completing mock assessments. I completed a mock drafting assessment in December where I had to complete a defence and counterclaim (D&CC). Sadly, I did not do as well as I hoped on that. I also recently completed another D&CC and didn’t do too well again. I was getting the marks, but one or two marks from what I should have got. But, the good news is this, the final drafting assessment for the D&CC which is the 21st this month, is the same type of law and area as the one we just completed. This is a relief, as it means, that I believe I can do well since I already have a grounding and example of what is expected in this. I pray to God to let me succeed, please.

Yesterday I also pumped out a professional opinion. The opinion writing mock assessment. To be honest, the brief was 10 pages which was a huge relief. I also spent an hour letting it sink in, before realising the area of law that I needed to research. I hope I was correct in both my research and in the matters in issue. It concerned a case of work being completed which later turned out to be dangerous, and there was no contract in place as the architect had done the work for free. If anyone knows a little about this, feel free to drop a message below!

I also have a professional ethics mock this month. Apparently there is a 2 week window to complete the mock assessment. I do not know when this is since it is not shown. Anyway, I hope I do well. It is 1 hour 30 minutes. Ethics seems to be an area that hasn’t been taught to us as students, and the university seem to have left it all to self study, which I find unfair since we are paying for the course and if this module is expected to be examined on, then we should receive classes on it.

This was a brief post so I thank you for stopping by and continuing to read about my journey. I passed the conference assessment. Now, I just need to pass the real drafting assessment on the 21st. Yes, I am scared and yes, I really will do my best. I also have next week off, a sort of revision week in which I intend to go over all the drafting materials and feedback that I can find. Wish me luck, and may God guide me through this challenging time.

I’ve Decided to Engage Online.

Posted on by T. Maxwell-Harrison

Given that it is winter, and that the crisis is not over yet, rather it is in full swing, I have decided to engage in my workshops online for the foreseeable future.

This was a decision I wanted to take before new year and I contacted my provider and made it clear that is what I was going to do. It will significantly reduce the risk to me.

I just hope that the online sessions are as good! Seriously though, not an easy decision to make, but nonetheless essential. I am also on the fed up side lately so working from home might help that. I completed my degree as a home based learning course which I found great.

When it comes to the development of working conditions, I believe students learning from home is up there as being something that they can do. Working or studying from home is essential in times like this. But, I don’t like the idea of people working from home who could otherwise work in person. Some areas like being a doctor… or lawyer, require face to face work for court cases and hospitals respectively. Although, a lot of lawyers are remote working anyway. My point is, utilise the work from home but do not overdo it.

How did you find the transition to home working? Do you enjoy it or are you simply in the office out of respect for old fashioned working values? A lot of people suggest that working from home creates laziness, and to a degree I agree with that, especially if one is sitting in their pajamas for a conference or in bed whilst on the laptop for work.

This is hilarious! Dying inside!

Posted on by T. Maxwell-Harrison

All of you lovely people need to hear this short story. Today, as part of civil advocacy, where I had to make an application to the court to set aside default judgment, I was nervous, stood up and managed something that could be understood. I was surprised how nervous I was, and simultaneously how well I did, I didn’t do great, but the tutors feedback indicated that I did well for a first time.

I got the law correct. The let down was not being confident enough, and not standing tall. I will do better. But for a first attempt, I say again I did better than expected. I had 8 minutes for my submissions to the judge (ma’am) and 2 minutes for a reply.

Next time we are tasked with application for summary judgment. To be honest, civil litigation has been rather fun. Throw in some drafting of defence and counterclaim and we have potential for cash income.

“Were you having trouble keeping eye contact?”

“It’s hard to keep eye contact when you’re nervous.”

The lectern from which I spoke was about a foot from the tutor… haha I find this hilarious. On a final positive note, I did better than expected. I have to remain positive.

Criminal Conference

Posted on by T. Maxwell-Harrison

I have just completed my mock conference assessment today. I was nervous about how this would go, and what I would score. I had done my preparation but there is a significant element of flexibility required. The criminal conference is one form of assessment and something that is required to pass the course. It involves talking to your client before a court appearance for example.

In the type of conference I had today, a plea before venue and allocation hearing was scheduled to take place immediately after the meeting with my client. This means I need to establish the facts of the case, to confirm whether my client has satisfied the elements of the offences, whether they have a defence, how they would like to plead (after advising them on the strengths and weaknesses of their case) and choosing a court if pleading not guilty, and if they have a choice.

It sounds simple, but the mock assessment was 20 minutes. The real assessment will also be 20 minutes. This is not a lot of time. I did manage to get through all my points in time, but, I still missed things and could have done better. I can always do better. The conference was also recorded, which is great and conducive to learning.

At the core of a conference is the barrister client relationship and being able to act in the best interests of each client. This is a barristers core duty, and one which is subject to your duty to the court. Too much legalese? The core duties are not secrets of the state, although, they are probably not known by the majority of British citizens. Rest assured that barristers are independent and regulated by the Bar Standards Board and their chambers to an extent, you won’t find an incompetent barrister for the most part… yes, some barristers are bad, that is not usual.

A criminal case will be heard in the magistrates court initially. This is 99% of criminal cases. Only the most serious of offences will go straight to the crown court. The crown court has more sentencing powers, and as such, the process is strict, can take longer (getting a hearing date could take a while), is more formal with wigs and gowns, a legally educated judge and the most important part that defendants need to know, a jury!

12 lay people, from all walks of life, not legally educated, able to decide whether a defendant is guilty or not guilty. The topic of much debate. Without a jury what will the crown court become? It is the best system that England has in place, and is a lot fairer than other countries. EU countries are not subject to common law like England and Wales. Rather, they are utilising a system of Civil law, derived from Roman law, which codifies the law… get it? The codes cover everything (supposedly) and rather than using previous case law, will instead rely on these codes for the sentence. EU law was rather enjoyable, and learning about the complications of cross border consumer law was brain stunning. I feel relieved that I achieved a decent mark in my undergraduates studies on this module.

Back to the conference. As mentioned a defendant will initially appear before the magistrates court. A bench of 3 non legally educated people, who are usually case hardened having listened to a lot of similar cases, and therefore more likely to find you guilty and sentence you. They are volunteers, yes, you heard me correctly, the 3 people about to decide your fate are volunteers from the public. You do have an automatic right of appeal though, which is a bonus, you don’t have that in crown court. The bench of 3 could instead be replaced on the day of your appearance by a district judge. These sit alone and are legal experts. Why they don’t just use these all the time is beyond me, and probably would help too.

If the client has any previous convictions, my understanding is that this will be of detriment and if it is a similar offence, could result in a much harsher sentence. As for defences, they are available and are limited in how they can be applied. If someone is charged with an assault – common assault at law which involved physical contact – they can use a defence if they committed the offence as the result of acting in self defence. You may know this, but the burden of proof remains with the prosecution to prove that the amount of force used was unreasonable. The defending barrister will have to prove that the client acted in self defence, and if they do this successfully, that is a complete defence.

Other defences are available, and essentially they are either a lack of mens rea – the mental element of the offence, and actus reus – the physical element of the offence. Most disputes in cases will focus on the mental element, as to whether the defendant intended to do something. After intention there is a whole host of other reasons for the crime being committed, such as recklessness, negligence, mistake, duress, etc. The actus or act is much easier to prove than the mental element, but again, this is something I love about English law, that it provides a fair a due process.

‘It is called Magna Charta, not that it is great in quantity … but in respect of the great importance and weightinesse of the matter.’

Edward Coke

Would you take the advise of your barrister to plead guilty or not guilty? Do you know that you don’t have to give a plea? Are you a good person of good character with no previous convictions? Although lengthy quotes from magna carter are not used by barristers in conference, they no less have to engage with the client and establish the details of their case. Without the details, you might be incompetent.

Needless to say the rest, I was told that I was competent, along with the other student. This is good I guess. The opposite would be incompetent, which would be rather embarrassing… Now I need to prepare for the full assessment and try not to mess it up, preparation is key.

Check out my article – part 2 of 2

Posted on by T. Maxwell-Harrison

The first article was published last week. Now, they have decided to proceed, today, with publishing the second. They are relatively small compared to what I would write on my own site. They said they had to split into 2 because it was quite dense, I suppose they have to appeal to students who want a 2 minute read. You got it.

I was invited to write some articles for Simply Law and after accepting was informed that I could contribute as much as I liked. The plan was to publish 3 articles from October to December… So, not a lot really! It helps to boost your cv if you have published articles, and that is a big point gainer in my eyes. Any aspiring law student, lawyer, solicitor or barrister should be keen to get at least 1 article published. I have yet to submit anything to Legal Cheek, but intend to submit something this coming November. Next month. Legal Cheek is a harsh website in terms of comments, so anything that is published could be burned, but it will be seen by a lot of people too.

As mentioned previous, this is similar to my ‘rough cut guide to student productivity’ published 11 October ’21on my ‘journey into law’ page. I have blogged a few times with an emphasis on productivity, a little known article on my articles page called ‘Top tips to boost productivity’ was published way WAY back in March 2017!

Enjoy!

3 Key tips from a law student you need to know

Check out my article – part 1 of 2

Posted on by T. Maxwell-Harrison

Please find my article below.

They decided to split it into 2 posts. I am fairly happy they reached out, although my contributions seem meager, they still provide great reading for law students

Simply Law is a great site for law students. The staff are welcoming and friendly.

A day in the life of a BPC and LLM student

Criminal advocacy 101

Posted on by T. Maxwell-Harrison

Journey into law.

The continuing quest to enter the profession of the noble and historic barrister. I’ve been blessed to be able to sit in this warm apartment with my heating. I am blessed to be able to buy ready made meals, drinks and ‘accessories’ on will. Not everyone has those blessings or opportunities. A significant population of the world does not have access to clean water, nor do they get 3 meals a day… they may go hungry for days because they can’t afford food or there simply isn’t any available. Many live in unsanitary conditions and have to live in shacks. They are at the knife point of various drug and trafficking gangs and a lot will be killed before they reach their 20th birthday.

When you conjure up an image of justice in your mind, do you automatically picture a 1st world country court? Perhaps you envision a revolution, a crown court trial, a mother receiving restitution for the wrongly gained, or a child being reunited with their lost parents. Subjective, arguably, is the perception of justice. Not so fast, you see there is a definition and it goes like this ( according to – https://www.thefreedictionary.com/justice):

1) The quality of being just; fairness: in the interest of justice, we should treat everyone the same

2.a.) The principle of moral rightness; decency. b) Conformity to moral rightness in action or attitude; righteousness: argues for the justice of his cause.

3.a) The attainment of what is just, especially that which is fair, moral, right, merited, or in accordance with law: my client has not received justice in this hearing.

So we seek to maintain a just, fair society which is morally correct and any breach of that is to treat people differently and to breach the law. Of course, nowadays treating people differently has indeed become a criminal offence in some cases. You couldn’t now in the 21st century get away with homophobic or racist remarks. But, merely 50 years ago and indeed not even that long, people were saying these things more often. I personally don’t think there has been much of a change, but there is the fear now that one is breaching the law if they were to make such a ‘remark.’ Civilised society has become a bubble wrapped and tightly controlled arena, with the big cats with the money influencing huge policy makers and government. Private investment into new technologies and advertising has seen the general population brainwashed by morality propaganda. I’m not justifying those racist or homophobic remarks, or anything else that would breach protected characteristics according to the Equality Act 2010. Some of those include age, disability, gender reassignment, marriage or civil partnership and pregnancy or maternity. But, rather, I am saying that morality doesn’t need to be enforced, it is learned and one can choose to obey or not to obey. The latter will see you (if caught) being persecuted by the state or private corporation. The former will also do the same, rendering you a slave to the idea that somehow those individuals are ‘targeted’ and ‘victims.’ If you cry wolf that doesn’t mean you care what happens to the victims.

Trying to control what people think and telling them how to behave is a sure fire way to provoke even the most docile of humans. Why? Because we have autonomy and freedom of thought. You can tell a group not to discuss the elephant in the room, but at the end of the day, it’s there and they will discuss it. Criminal justice has been spiraling downwards for a number of years. Legal aid cuts, fewer pupillage spaces and a general lack of money at the bar drives people away from this extremely tiring job. Criminal barristers spend more time working than they are paid for. If society wants a just and accepting place for all, then instead of stoking the fires of inequality, hatred and fear, instead focus on improving the structure already in place and provide Just and moral outcomes within the criminal justice system, adjust the propaganda machine accordingly. We don’t want people in prison based on their opinions of society, we want people to be able to live freely and without fear.

Thanks for reading. Namaste and peace be with you.

Welcome to the start of my journey!

Posted on by T. Maxwell-Harrison

As some of you may know, I have just recently completed my LLB degree. As a recent graduate (unable to attend a graduation ceremony yet) I feel extremely glad to have achieved what I have up to now – a degree in law. Graduating with a 2.1 upper second class undergrad LLB is an honour, and I graduate with honours.

This is when the real journey starts. Granted, I could have recorded my progress on my LLB and I considered doing so many times. The time wasn’t right and at the end of the day, the journey starts now, not during a course when you have no clue as to the future.

Satan once said that… no quotes from the devil in the same post as the law! A honourable and age old profession, lawyers are one of the oldest professions in the world. The legal profession has its origin in ancient Greece and Rome. Not quite as old as toolmakers or tailors, but relatively. If a couple of thousand years counts. To this day, the barristers of England and Wales must be a member of one of the four Inns of Court. Namely, the Lincolns Inn, Grays Inn, Middle Temple and Inner Temple. The temples have roots in the knights templar and the original knights templar Temple Church is located within Inner Temple grounds. Hosting the yearly ‘crossing the bar’ ceremonies. Some would say that the general area of Temple, London, is one big elite showground where big money talks and large, costly infrastructure gentrifies you as soon as you enter the area. Notable for its historic buildings, including the Royal Courts of Justice building, a recognisable legal piece.

See the source image
Picture from Bing images.

The barristers of England and Wales also get a reputation for being paid a lot. I can assure you that with some research and general internet reading that this is not the case. Solicitors have the stability and high pay of prestigious law firms and they instruct barristers to work in court on their clients behalf. A steady income for many. Barristers on the other hand are self employed, earning from the work they do and not a penny more. They have chambers rent, overheads, accountant fees, clerk fees, travel costs, indemnity insurance and the list is rather extensive. Naturally the longer they practice the more of a reputation they have and more income. Trainee barristers completing their ‘pupillage’ – a year long apprenticeship with chambers, are given a lump sum of money at the start… and criminal law is abysmal both in terms of pupillage awards and general pay, probably being the lowest paid out of all areas coupled with public law.

So they don’t earn a lot off the bat. In fact, they have accumulated in the region of £50-£60,000 in debt to become a barrister. It’s a 3 part journey. First, the degree. I say degree, because you can complete any degree, yes any, and then complete a 1 year graduate diploma in law (GDL) before progressing to stage 2, the bar practice or vocational course (BPC). They have recently updated the courses and now there are more options when choosing this path, including splitting the course into two, but more on that later. So, the GDL is essentially a fast track course and to be honest, I do not accept that GDL students can possibly learn and comprehend 3 years of law study in a year, including exams.

Anyway, rage aside, from either the law degree or GDL you go onto the barrister training course. The course consists of theoretical and practical exams, mock trials, plenty of advocacy and courtroom practice, mooting, pro bono (if you want) and the possibility to combine a master of law (LLM) with the course.

The costs for the bar course and a masters is going to set you back between £13,000 to £20,000, depending on study location and university or institute offering it. Passing the course is hard like anything else, more so for law students as its tons of reading and stressful work hours. There is also no guarantee of passing nor of going on to successfully get a pupillage. Many graduates work as paralegals during their courses to gain invaluable experience. I am completing pro bono voluntary work currently with an ‘environmental’ law firm. Don’t worry, I won’t blame the course fees on the environment.

So there you have it. I hope this post is of interest to someone out there. I also hope you enjoyed reading it. I will be posting things on this page, including photos when I get a camera phone again, so that you can follow my journey. It might be a weekly post, it may be a monthly post. All I know is, I can’t wait to sip that cold mojito on that warm beach.

Peace.