Jacqui Smith - Quite Right

In the recent Hoo Hah of Jacqui Smith saying she wouldn't visit Hackney at night, can be found here I would like to offer my congratulations to her! Who would visit Hackney at night?
There is something quite evil about Hackney. It does seem that most tort law cases are based against Hackney Council or Hackney Health Authority for this that and the other. In addition so I hear the most child abuse happens in Hackney from a family law student.

Now now East London isn't that bad. I feel I must defend it. Tower hamlets may be viewed as a "bad" area but I do not think it is any worse than tottenham court road, where I've had my phone stolen off me before. I don't have any problems walking back from the bendy bus, or another night bus and get home safely, if not in a very drunken state.

Now all this hoo hah has brought up the "crime" statistics, which you should never really believe, ( I am a criminal statistic conspiracist) because they are manipulated, misquoted, and sometimes made up. According to David Garland and his book "The Culture of Control" 2001 - crime has actually fallen over the past 30 - 40 years (or so my criminology tutor told me) We are much safer than we were in the days of the Bow Street Runners (City of Vice is something else I recommend to watch) All this hoo hah about crime statistics under the Labrador goverment and Jack Straws bloody social policy of a "right to a quiet life" Which thus inspired the crime and disorder act 1998 s1 antisocial behaviour order and then the ASBA 2003. Which in turn made everyone afraid of "yobs" instead of just giving them a good damn deserving smack in the face.

So was Jacqui Smith right? From someone of her social status then properly, why would she need to walk the streets of London at night, I'm quite sure her butler could do it,(she called privileged) some people however do not have the luxury of a police escort and do DARE to walk the streets of "dangerous" east london. Fair enough to the old Girl. I would be fearing for my life to if I was walking round Hackney.

LLLS here with a snobbery sense of how one area of East London is definitely better than Hackney.

S5 Public Order Act

Sorry for the fontsizes etc it has all gone slightly weird and even when I edit it back it just reverts to another weird form.

Last night whilst taking a bendy bus home from a light evening of seeing Sweeney Todd, (which by the way is highly recommended) myself and another law student encountered a man on the bus, talking into his phone saying how he had been arrested.

According to him he had 6 or so.. glasses of wine and was walking towards a bus stop in central london. A community police officer had stopped him and said that he was acting in a drunken manner. To which the man replied that he was fine and continued to walk on, the police officer did not seem to like this and told him to "calm down" to which the man's reply was "I am calm".
Apparently the Poo lice then dragged him to the side of the road, to which the man responded with "fuck off". He was then arrested so he said under s.5 of some act to which I said it could have been the Public Order Act, and was charged £80. His female friend who he also was with, who had been drinking the same amount tried to step in, however also got herself arrested.

So in my legal and slightly drunk state I advised him to appeal to the decision.
So as I got home I tried to look up the relevant legal jargon, however the computer screen was shaking at me in a disagreeable manner.

I managed to pull up some basic research though:
S5 Public Order Act 1986

(1) A person is guilty of an offence if he—
	(a)	uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
	(b)	displays any writing, sign or other visible representation which is threatening, abusive or insulting,

DPP v Orum [1988] 3 All ER 449

A police officer is capable of being 'a person likely to be caused harassment, alarm or distress' by 'threatening, abusive or insulting words or behavior', for the purposes of s 5(1)a of the Public Order Act 1986. However, if he is not likely to be caused harassment, alarm or distress by the words or behaviour used it is not likely that he will be able to arrest the person using the threatening, abusive or insulting words or behaviour under s 5(4) for offensive conduct, since the officer, if he is the only person present, will not be in a position to suspect that an offence under s 5(1) has been committed.

I suppose the man who liked his wine was arrested under s.5 because he swore in a public place and was perhaps viewed as being abusive, or using insulting words or behaviour.


And this
"Being drunk and disorderly is a crime and you may well be arrested or fined, rather than just told to quieten down. Being disorderly means being aggressive or abusive, or generally making a nuisance of yourself. Police can give you an on-the-spot fine of £80 for being drunk and disorderly. They can also arrest you if you are likely to be a danger to yourself or someone else, or if you are so drunk you won't remember being given an on-the-spot fine! If you are arrested you may have to sleep it off in the cells and may be charged in the morning."
from here

So he may in fact of been arrested under s.5 for using insulting words or abusive behaviour, or either for being drunk and disorderly.

Nice one Poo Lice.

Ok - So no longer giving up.

No longer giving up for the moment, as I angrily type into this blog as I really thought I did not want to post anymore, and do not like going back on my word. I threw a childish tantrum etc and I'm over it now.

I have recently been ill with a sore throat. A sore throat (also known as man flu) normally has been incapacited in bed for weeks and weeks as I refuse to move, but I have actually wanted to work this week so have refused to let it get the best of me.

I have currently applied for one mini pupillage, on an online application form and am waiting to hear from them I (I only applied today) I am also updating my appalling CV, and it is appalling. I really don't look good on paper. I am also trying to go to the De Smith's Judicial Review launch party at Clifford Chance. My Administrative law lecturer happened to co write the book with Lord Woolf, so apparently most of the Law Lords will be there, and it will be good for networking. There are however only 4 places for students, so it will be done by a student lottery.

I may be fortunate however because of my flatmate's aunty being a partner at Clifford Chance to attend that way. If she is going that is, which my flatmate doubts that she would go. I would really love to turn up and be a guest of a partner and look like I was well connected in the world of the law, talk to some law lords. But until flatmate rings Aunty it all looks a bit doubtful so I may have to take my chances with the student lotter. 300 students, 4 places? 1/75 chance isn't that bad!!!

P.s If anyone can help me with CV that would be grand

Giving Up.

Im giving up this blog.
Have just realised why I actually started it up in the first place, and for me it seems the opposite to continue with it.

Thanks to all those who have commented especially Lawminx.
But my blog really hasnt cut the mustard, I'm not a great law student, I havent won a mooting final, I didn't get all 1sts in my first year as an undergraduate. I don't have a real chance at the bar.
Im getting increasingly bored of moaning.

So I'll just keep my opinions to myself.

Moaning

As people may have noticed I do a lot of moaning and very little practicle things to make my life as a law student better.

In reality I do not really have to moan much about, apart from my idleness which seems to spread throughout my whole body, as "oh can't be bothered" and "too much effort"

I have a friend who is at Oxford studying Law. Now the preparation she HAS to do for each tutorial is just imense, what is expected of her is immense. She has tutorials that are normally 1 on 1, or perhaps 2 on 1 with a tutor. She is grilled on everything that she has read, and then told off if she does not understand something. Whilst at my semi prestigious university I have a tutorial with ten other people, who are also idle, and when a tutor asks us a question and there is no answer she fills in the gaps, sometimes my tutorials (depending on who is teaching) is more like another lecture, instead of a discussion of the material that we are supposed to have read.

Infact I have got it pretty lucky, compared to the chum at oxford.

Money

After listening to Simon Myerson's podcast with CharonQC and why he has turned down the LSC contract, I was admittedly a bit confused, I haven't read more about the LSC contract other than what it says on Simon Myerson's blog and the podcast however what shocked me was the example that Simon gave in his Charon QC ( now correct me if I am wrong) 300 hours on a fraud case, and Simon would work 10 hours a day, at £91 an hour? Which he equated to £27,000 for a months work.

Now to be sensible I have always wanted to become a barrister because the good ones are quite well off. I cannot understand however, perhaps I am completly naive, as to why £27,000 would be an INSUFFICIENT amount of money for anyone. As that is more than the annual national average wage in the UK, for one months work.

I understand Simon Myersons other reasons for not wanting to sign the LSC contract, such as as the LSC wanting access to his diary, you have to take work etc.

But for me £27,000 is quite a lot of money (perhaps I am just a naive student) as I currently survive on approximately £7,000 a year and am doing a full time degree, have all the luxuries I currently want, I am a bit in awe/shock as to why £27,000 is an insufficient amount of money. As currently that would last me another 3 years.

What do you do with that sort of money?!?!?

Grades

Ok well with these min pupillage application forms I have to give my first year grades.
To be honest I wasnt a great student, I'm still not a great student, my first year grades weren't very good, so now I'm more worried about whether I will actually get a mini pupillage based on my exam results. Perhaps this is just stupid nonsense that I shouldn't be worried about. However Im growing ever more concerned about what grades I might get this year, if I do not get a 2:1 this year then I will ultimately be crushed and any dreams about becoming a barrister obviously will be as well.

The only turn around for what I can do now is to work a lot harder this year and get the topics done to the best of my ability and then go back and redo the other half of the year when it comes to revision.

Think i've messed this year up too.