One Law for the Lawyers another for....

Discussion in 'Current Affairs' started by trelawney126, May 28, 2012.

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  1. Must admit that report does make me put one foot on the platform of the outrage bus, but without knowing the full story (or having the legal knowledge) am always suspicious of meedja stuff. Even from the usually well-balanced Torygraph.

    Story does pong a bit though.
     
  2. "Qualified as a trainee" to quote the article, that's going some!!
     
  3. Seadog

    Seadog War Hero Moderator

    The boy received a police caution for the offence , same as most of the rest of us would get. The Bar Council (or suchlike) don't have professional jurisdiction over postmen and van drivers any more than the GMC rule on the fitness of bricklayers to practise. I see no legal double standard.
     
    • Like Like x 2
  4. Seadog

    Seadog War Hero Moderator

    Like some Recruits who are joining the RN as engineers , Warfare specialists etc. we must be saving a fortune in training. As for barristers I understand that being qualified isn't the same as being licenced to practise so the boy is now in training. Like graduate engineers, until they've spent sometime under the guidance of a grown up and become further qualified they are not going to be building bridges or taking charge of anything significant.
     
  5. I'm aware of the situation Seadog, the oxymoron of qualified trainee just amused me but thanks for the response...smiley thing
     
  6. just a couple of things
    1. he read Mathematics at Pembroke College - surely if he intends to be a barrister it should have been Law
    2. A quote from Judge Dias “You are very young and at the very start of your career, and have no doubt suffered very greatly already through the whole experience of being arrested, taken to the cells,' Would she have been as understanding and sympathetic If the person in question was from a humbler background
     
  7. No, there are two routes to becoming a Barrister.

    One is to read Law at University and then go straight on to the Bar Professional Training Course; the other is to read another subject at University and then do a conversion course, the Graduate Diploma in Law/Common Professional Examination, before going on to the Bar Professional Training Course.

    That this second possibility exists is a real bonus as it means that many Barristers come to the Bar with a very good prior knowledge of some of the areas they will be dealing with. Say, for instance, you had just spent an awful lot of money on a new ship but, whenever your ship deployed, bits kept going wrong; very tiresome ...... If you were to seek redress via the courts, your case would be led by a Barrister from a niche set like Keating Chambers and it is highly likely that he/she would have read Marine Engineering at Uni before doing the conversion course and being called to the Bar.
     
    Last edited: May 29, 2012
    • Like Like x 1

  8. Well I suggest you take your foot off it then, he was dealt with properly by the police and Cautioned for Possession of Class 'A'. Small amount consistent with personal use and first offence, you'd have to do something very strange inded NOT to be cautioned in any Force area in the country, it's almost mandatory.
    As for keeping his job, that's up to the Bar Council to decide, his trade union basically, nothing to do with the police.
     
  9. Seadog

    Seadog War Hero Moderator

    Who are you asking? In the reported capacity the Judge's concern is the reputation of the profession and I doubt daddy's position has any bearing on the penalty -not sentence- awarded.

    One can understand without agreement or sympathy.
     
  10. Seadog

    Seadog War Hero Moderator

    Trade Union? A few wigs will have a hair out of place at that comparison. Although if you are trying to keep it simple.........
     
  11. It depends upon whether the characterisation by the tribunal was correct. If he will indeed probably be unable to take on commercial work, become a QC or a Recorder then the net effect on his career and especially earnings will be massive in the long run.

    But at least he'll be able to converse slightly better with the drug dealers he ends up defending on legal aid...
     
  12. Seadog, you state she was only concerned with the reputation of the profession, but I was merely pointing out that IMHO if she had been acting in a normal court and it was a person from a council estate would she have bothered to comment on how the poor dear had suffered by being arrested, put in cells and had his poor wee finger prints taken, which she is reported to have said, I very much doubt it, but because daddy is in the 'job' and from a well do do family he has 'suffered' from being processed by plod in exactly the same way as an 'oik', I did not comment on the penalty awarded or indeed his caution by the plod as I am not up to date on penalties for carrying Class A narcotics. As far as i am concerned, he got caught with an illegal substance and deserves what ever shit comes his way not sympathy from a judge.
     
  13. This is not the first time I've read of Judges taking the sensibilities of the offender into account and not weighing in too hard with the punishment .It would be sound advice that should any of us find ourselves up before the beak we get our brief to say we were scared shitless on being apprehended and have barely ventured outside of our homes since the awful event.Concern for the victim(should there be one) will then come a very poor second and they'll be lucky to get away with wasting Police time.
     
  14. Seadog

    Seadog War Hero Moderator

    I see the inference that the tribunal chairman understood the feelings of the pupil during his journey through the system. I do not see her expressing sympathy or any taking into account the 'trauma' or the profession of the father in the award of penalties (including the bollocking).

    Perhaps the defending QC could be accused of a 'poor lad' whingefest but even though this was not a criminal or even civil case, the accused is entitled to a friend who will try to mitigate.

    As for the treatment of the oik from a Council Estate, faced with the same offence (and first) it isn't likely the oik would get further up the system than a Police Inspector, just like the (so called) posh boy did. The difference that while the oik is less likely to belong to a profession and therefore less likely to get 'consequentials'. Advantage oik.

    I'm guilty of using the title 'Judge' when referring to the chairman when it appears that her 'rank' was a media assumption.
     
  15. Have to disagree with you seadog, when someone says 'and have no doubt suffered greatly' I can only see this as an expresion of sympathy, admittedly Julia Dias is a QC and not a Judge, but I dare say she will be one day. When all is said and done, he receved little more than a slap on the wrist, a police caution for being in possesion of 2 class A narcotics, an official reprimand and £605 in fines and costs. The affect on his career remains to be seen, but as a suposedly inteligent young man who has gone into law he should have been more than aware of the risks of using drugs (and being caught) would have on his career. I would be interested to see the results of him getting a random drugs test in 6 or 12 months, just to see if he had learned his lesson.
     
  16. Aye that lad will go far.

    When I was a lad I served a term
    As office boy to an Attorney's firm.
    I cleaned the windows and I swept the floor,
    And I polished up the handle of the big front door.
    I polished up that handle so carefullee
    That now I am the Ruler of the Queen's Navee!
     
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  17. Intelligence has nothing to do with common sense and, besides, he is 25 years old. I don't know how old you are mikh but I am pretty sure that when I was 25 I expected to live forever, never be seriously injured (despite all the stupid stuff I got up to) and "consequences" was just a long word that would give me a high score at Scrabble.

    I like the idea of the "random" drugs test in 6 or 12 months though (for anyone caught using)
     
  18. Nearly double it Broadside (thanks for making me feel old), and yes I do vaguely remember a sense of it could never happen to me, but there again I was never one to dabble in class A drugs, probably as my old man would have kicked me from one side of the town to the other if I had, before he handed me into plod (so maybe I did realise that it could happen to me, getting caught that is). I did have acquaintances who did dabble at that time (I had just finished at college, where recreational substances where readily available) and as I was about to rejoin the RN, there is no way on gods earth I would have risked getting caught and thus jeopardising getting back in the mob.
     
  19. But if her argument was successful which it appears it was, then surely a precident has been set which will be quoted by every oiks council when dragged up before the beak on a Class A Narcotics charge!
     

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