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COD...COD.....I need advice ....CALLING COD

28 replies

bosscatsroastingonanopenfire · 09/01/2006 16:11

Cod, I am going back to work this week and work in the same field as you. I have been off for the last 2 years and have missed the Criminal Justice Act 2003, all the Asbo stuff, and the new Sexual Offences Act. A lawyer friend said the Criminal Offences Act "has changed the face of criminal law". Has it???? if so I'm b~~~~ered! What have you noticed to be the biggest changes in the last 2 years?

Any advice would be massively appreciated.

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codthemod · 09/01/2006 16:26

god yes i think so but i n only had 4 months of the old one
there is LOADS of news tuff certainly on dangerous offenders and harma dn culapbility

bosscatsroastingonanopenfire · 09/01/2006 16:27

what d'you mean by harm and culpability? In respect of individual offences or sentencing?

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codthemod · 09/01/2006 16:29

you have to assess it

ther are four levels of culpability

(* goes off to check on file)
intentional
reckless..
hold on

knowledge fo effect
an nelgigent

codthemod · 09/01/2006 16:29

before sentencing
also loads more suspended snetences
god but not claled hat

i havent been in court since mid dec and it shows

bosscatsroastingonanopenfire · 09/01/2006 16:30

this will make you laugh. I bought Archbold for the Magistrates court and its HUGE just like the Crown court one. I opened it and the first chapter is about the serious and organised crime Act. dh said "don't you think you should be setting your sights slightly lower dear".

arf.... driving offences here I come

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codthemod · 09/01/2006 16:31

are you a hp or lawyer hten

codthemod · 09/01/2006 16:31

hp??!! jp

bosscatsroastingonanopenfire · 09/01/2006 16:32

am duty solicitor BTW not magistrate. I am completely prepared for many days of looking foolish

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codthemod · 09/01/2006 16:33

dont think asbos will a ffect oyu much unless oyu are in a big city
sexual offences isjust loads of pronouncemnts really - registering etc

have oyu been into observe on a nairy day?

crim justice a big dealM (esp to old timers)

codthemod · 09/01/2006 16:33

aha
god hten yes

sorry HUGE

tis easier on our side of the bench!

bosscatsroastingonanopenfire · 09/01/2006 16:35

yes live in big city which hands out asbos like sweets so better read up. I haven't been into court but that would have been a good idea. I start on thursday but could pop in tomorrow possibly. would be sooooo embarrassed if member of firm saw me though. I'm 7 years qualified!!!! brain has melted over last 2 absent years though.

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codthemod · 09/01/2006 16:37

god! you were going to go in cold?
thast brave.

ok let me think you need to adress the culpability thing in your prosecution] aslo the dangerous offenders thing 9 can oyu look that uip?)

what else do they say... lookup the registering reqs for sex offenders - ther is BOUND ot be a perv in there somewere - we get one every tiem i sit

bosscatsroastingonanopenfire · 09/01/2006 16:37

just popping out to pick up ds1. will check back later. if you think of any massive and obvious thing I need to know let me know!

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codthemod · 09/01/2006 16:39

oh yes we now have to choose two purposes of sentencing before probation reports

punishemnt
reduc of crime
reforema dnd rehab
protection fo the public
reparation

grammaticus · 09/01/2006 16:40

If you are 7 years qualified then you surely have perfected the noble art of looking as though you know what you are talking about?!! Rely on that for a few days, ask colleagues/counsel as necessary - it will all come back with a bit of brushing up. Honest!

codthemod · 09/01/2006 16:42

locally here all the fines business has changed too but am sure that doesnt relaly affect you

also prohobited activity is new - we had hte first one of those round rhese parts
and "Unpaid work" is a new term for an old idea

codthemod · 09/01/2006 16:42

i am not so sure really inthis case re lookign liek you know
the reminology si so differnt

edam · 09/01/2006 16:47

Blimey. Do you work in a firm of solicitors, or as an employee? If so, surprised they are letting you go in cold rather than offering refresher course or something. God. What if someone was wrongly convicted/got the wrong sentence because you'd been out of it for two years with no refresher?

fastasleep · 09/01/2006 17:06

Bosscat is it still meant to be a secret as to who you are? Cos if it is I guessed the second you changed your name! Mwahaha!

Best of luck going back to work though, even if the above just sounded totally barmy!

codnotamod · 09/01/2006 18:37

oh god just thoguth of a massive one whilst doign ds2s stories which has now escaped me

codnotamod · 09/01/2006 18:40

ah yes the previosu offences stuff
as duty solicotr that will eb the buiggest change

codnotamod · 09/01/2006 18:46

and all teh increased focus on domestic violence

bosscatsroastingonanopenfire · 09/01/2006 19:19

wow just came in to all these! thanks for all the info. yes I work for a firm of solicitors and yes they are letting me go in cold. I don't need to do any re-training and I have checked with the law society. Barristers themselves just went on a one day course Edam and had to get on with it and learn on the job (and I know this as dh is one) so it would be a bit of piss take to make me actually re-train as a lawyer. I have all the up to date law to hand and am a very competent advocate so am confident no-one will actually be sent to prison because I've been on maternity leave but thanks for the vote of confidence

cod, I'm not actually on duty till March so I have plenty of time to do some easy stuff first. I had a major panic attack before Christmas and had a meeting with them and they assured me they would ease me in gently.

fastasleep, ssshhhh yes I am not outing my former name!

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codnotamod · 09/01/2006 19:30

so does anyof htat make snese?

bosscatsroastingonanopenfire · 09/01/2006 23:39

oh yeah absolutely. I knew about the previous convictions change and dh has summed up the major changes for me. tbh the stuff that makes me nervous are things like breach of asbo's and only because it is 'new' to me. I'll be fine though. they PROMISED to ease me in gently and not throw me in the deep end, and we all know lawyers never lie

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