Category: Law

The first concerns from the medical industry over the effects of long-term smoking were raised in 1957. By 2007, just 50 years later, all but the actual personal choice to indulge in this habit had been bludgeoned in UK law, this being the year that smoking was banned in public places. Not everyone has welcomed this transformation (notably tobacco retailers) and although the lobbying and campaigning has cut the number of smokers by 40% overall, there are still parts of the country where almost half of adults smoke, the minimum legal age for smoking being 18.

The government collects tax (‘duty’) on sales of tobacco and this provides a hefty income (£10,277,000,000 in 2021-22, for example) which increases every year. Nevertheless, in 1965 it banned cigarette adverts on TV as a first blow against smoking’s sophisticated, convivial image. In 1971 the first of the compulsory health warnings on cigarette packs appeared and these have grown steadily larger up to the advent of ‘plain packaging’ in 2016.

Restrictions ratcheted up even further in 2014 with the all-encompassing Children and Families Act taking control of the marketing of tobacco products.  Shops now have to keep cigarettes ‘under the counter’ hidden from children’s beady eyes and smoking is banned in private cars carrying children.

(Top image: pxfuel.com)

Employee welfare in Britain’s unprecedented and, for some, traumatic passage through the Industrial Revolution was not always uppermost in employers’ minds. The age-old practice of bartering apparently evolved into a ‘truck’ system (from Middle English ‘truke’ meaning exchange, barter) whereby wages were paid either in the form of goods or in vouchers, sometimes called ‘tommy tickets’, that were only valid in the company shop.

Unfortunately, it benefitted employers to over-value the goods and not bother about their quality. Workers may have found the shop convenient, but it cut their options and financial independence, with many racking up debts they could never repay. Parliament therefore stepped in with a series of Truck Acts.

The first one of note, in 1831, established fines for businesses using a truck system but there were so many occupations excepted that it effectively gave those a green light. This was remedied in the 1887 Truck Act which covered almost all trades. The 1896 Truck Act ensured any deductions from wages were fair and agreed. The 1960 Payment of Wages Act introduced payment by cheque as an alternative to ‘the coin of the Realm’, but it was not until the 1986 Wages Act that all of the Truck Acts were deemed outdated.

(Image: pxhere.com & publicdomainpictures.net / CC0)

There remain around 200 operational UK Magistrates’ Courts (called Justice of the Peace (JP) Courts in Scotland) after many closures in recent years, perhaps indicating that Brits are more law-abiding these days. Alas no, since this seems to have caused a backlog of cases waiting to be heard!

Nearly all criminal as well as civil, ‘summary’ offences ~ such as motoring violations, minor assault or damage, burglary and drug-related offences ~ are dealt with at the Magistrates’ Court, even if this is only to determine that a serious, ‘indictable’ offence should go up to the Crown Court for trial and/or greater punishment than the maximum 6 months in prison, per offence, (60 days in Scotland) available to be meted out at Magistrate/JP level. The lower Court is also limited in the amount of fines that can be demanded.

Cases in a Magistrates’ Court are judged either by a panel of three (or sometimes two) Magistrates/JPs, who are unpaid trained volunteers, or by one district judge, who is a paid legal professional. There is also a legal advisor, an usher, a prosecutor and usually a defence solicitor. Witnesses can be brought in and the public and press can sit and watch, but there is no jury.

(Image: Betty Longbottom at geograph.org.uk / CC BY-SA 2.0)

The Family Courts deal with the acrimonious aspects of domestic strife. The judges and lawyers deal with matters that are very sensitive and emotional for those individuals involved who, if present, must try to stay calm and dignified during the proceedings. These are more informal than other court proceedings, with no jury, dock, black robes or wigs. Cases are brought to the Family Court which fall under the following laws:-

• Marriage Act 1949
• Matrimonial Causes Act 1973
• Child Abduction and Custody Act 1985
• Children Act 1989
• Family Law Act 1996
• Adoption and Children Act 2002
• Female Genital Mutilation Act 2003
• Human Fertilisation and Embryology Act 2008
• Marriage (Same Sex Couples) Act 2013
• Domestic Abuse Act 2021

Some cases are classed as “public”, whereby the State (in the form of local authorities, social workers, doctors, police, etc.) is against an individual, usually a parent or parents, and the child or children can be taken away, if only temporarily, to live with foster parents or a member of their extended family. A “private” case is where two individuals are in dispute with each other over, for example, property division or child custody.

As no-one knows what goes on behind closed doors, the truth of accusations is taken on the balance of probabilities.

(Image: pxhere.com)

In 1973, when the Small Claims track for legal proceedings was introduced in the UK, it was suitable for debts up to £75. Over the next 40 years, in England and Wales, that gradually increased to £10,000 and currently £15,000 is being suggested. In Northern Ireland the maximum is £3,000 and  in Scotland £5,000. These upper limits are not inflexible, but are guidelines.

A ‘small claim’ is the last resort for an individual or a business seeking to receive payment that is demonstrably overdue from another individual or business, even after several written reminders, the last of which should clearly warn of legal action if no money is forthcoming. Solicitors are not usually employed as the procedure is very simple and their costs cannot be reclaimed anyway. The application form can be completed online in most cases.

The Small Claims track is dealt with at the County Court and is designed to save everyone time and expense. Nevertheless, potential claimants are advised to use it as a final recourse. Where a claim is disputed, the free mediation assistance provided by HM Courts & Tribunal Service can also help to reduce the Court’s workload by bringing both sides to an out-of-court settlement.

(Image: Image Money at Flickr.com / CC BY-NC 2.0)

The hierarchy of UK police ranks, in ascending order, is generally as follows:-

1. Constable
2. Sergeant
3. Inspector
4. Chief Inspector
5. Superintendent
6. Chief Superintendent
7. Assistant Chief Constable
8. Deputy Chief Constable
9. Chief Constable

From 1964 to 2012, Chief Constables were answerable to ‘Police Authorities’, but the Police Reform and Social Responsibility Act (2011) replaced these with Police & Crime Commissioners (PCCs) and Police & Crime Panels. In Essex, N.Yorkshire, Northamptonshire and Staffordshire they also oversee fire and rescue services, so are called Police, Fire & Crime Commissioners (PFCCs).

Their role is to be a wide-ranging liaison officer and to manage the budget for their police force, including deciding how much residents should contribute to policing costs in their council tax. They must produce a list of objectives to demonstrate how they plan to ensure police effectiveness. Each PCC/PFCC employs a team to assist, for instance, in awarding grants to local charities for crime prevention, rehabiliation and research.

Although ex-police officers can be nominated, PCCs/PFCCs are actually appointed by local elections every 4 years, i.e. it is not a promotion from within police ranks. People with zero policing experience can be put forward, either by political parties or as an ‘independent’. However, they all tend to have top executive or professional backgrounds.

(Image: Birmingham City Council at Flickr.com / CC BY 2.0)

Considering that treason laws are intended to protect senior royalty, it is most odd to see four Queens, a Prince and a King in the list of around 150 miscreants who have been executed for that very crime. Furthermore, many others were Dukes, Earls or Viscounts!

The Duke of Clarence (1449-73), brother to two Kings, is one example of treasonous nobility. His own ill-considered ambitions saw him change sides twice in the Wars of the Roses, resulting in the charge of treason. He was reportedly afforded the favour of swapping hanging for drowning in a barrel of wine before being quartered.

The primary Treason Act was passed in 1351. Certain changes have since been made, such as removing the torture element of the traitor’s death and, latterly, replacing execution with life imprisonment. Treasonous deeds include the assassination of the monarch or other elite post-holders, the ‘violation’ of senior royal women and colluding with war-time enemies.

The last person to be hanged for treason was the American-German William Joyce, or ‘Lord Haw-Haw’ of WW2 German propaganda fame, in 1946. It was solely on the technicality of him briefly having a British passport (obtained falsely) that he was able to be tried in a British court.

(Image of statue of four Gunpowder Plot traitors: Mat Fascione at geograph.org.uk / CC BY-SA 2.0)