Almost two years ago the Commissioner of the Metropolitan Police warned all who cared to listen that there would be monthly improvements in the Met`s handling of misconduct cases. It seems that unsurprisingly there has been kick back an example of which is the case of Sergeant Lino Di Maria. It seems there is hardly a supervisory body in this country which has not been shown to be unable or unwilling to fulfil its prime function in ensuring that those where there is a responsibility to expose for misconduct or failure are actually punished. The media generally are interested in the mackerels and not the spratts. However it is within the "spratt" communities from architects to zoologists that the noses of misconduct sniff the possibilities of evading professional restrictions for devious purposes.
There were many arbitrary decisions made by public bodies during the pandemic that passed by most observers but this decision re Welwyn Hatfield Borough Council’s refusal to renew the licenses of six taxi drivers during the Covid-19 pandemic does seem to be inconsistent. It is extremely unlikely that the matter will be taken any further owing to the high costs which would be required. The eight year old age restriction of taxis does not appear to be founded on inspection. And to quote the report, "But Mr Justice Linden suggested that the district judge’s ruling could logically mean that “anyone who was able to show that they could not afford a new vehicle could argue for an exception” and warned this could “risk inconsistent decision making and thereby undermine the policy of the council.” It hardly needs pointing out but who is to say that "the policy of the council" does not need some undermining.
Yet again a criminal behaviour order [CBO] has been reported in local press media. They can be obtained against anyone over the age of 10. For a CBO the threshold is that the person has engaged or is likely to engage in behaviour that is almost certain to cause harassment, alarm or distress and that the CBO will help in preventing it. They are one half of the regime introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 to replace the perhaps better-known ASBOs when those orders were abolished in England and Wales. The other half of the regime is the civil injunction. They are issued on the civil standard of proof: i.e. more likely than not as distinct from the criminal standard, beyond reasonable doubt or sure. They are effectively displacement orders about which I have railed for years. Indeed I sat on the very first case ever brought. We rejected that application as it had not been presented according to the legal requirements. The MOJ is reticent on numbers requested or applied but figures showed that in 2016 932 CBOs were issued following conviction, an increase of 35% on the previous year. Subsequent attempts to seek current numbers were refused under Freedom of Information Act cost restrictions.
In an age when increasingly service of important documents by mail is unavailable and e mail is the single method employed it is refreshing to know that landlords can legally send essential tenancy documents in the post. Whether this decision at the Appeal Court will be known by many tenants and landlords remains to be seen as will the argument of non receipt, lost in the post be acceptable cause for action or inaction.
And final snippet today is the duly and patiently awaited result of an application that the judges involved in the sad case of Sarah Sharif are to be identified. The original decision of anonymity has been castigated here and in many places where much higher levels of legal brain power have been applied. There are so many aspects of our legal, quasi legal systems and organisations whose workings are held to be not suitable for public knowledge that any dictator would relish as a wonderful base on which to control this country. With political extremes likely to be every day conversation in 2029 this is a timely reminder as in the Metropolitan Police that when in doubt let secrets out.
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