Police data

Some points.

citizensWhen you are somehow in contact with police, as a victim, witness or offender, you can expect police to have data on you. Police have to be registered as data controllers, so that you are aware of this and can look up what they may do with the data they have on you (which they primarily obtain from you, in that case).

I carried out a search in the ICO database on “police Hampshire”. It turned up two records, of the Hampshire Police Federation (regarding its members) and the Police and Crime Commissioner for Hampshire (see here). The latter covers the data Hampshire Police has on citizens. It surprised me that the registration includes potential sharing of data with traders in personal data. This is one of the default entries, however, and I am assuming that they have left it in, just in case (a form of “CYA”).

So far so good. You would think that it becomes a different matter if you happen to be standing on the pavement eating a cheeseburger when some kind of demonstration takes place. Does that mean that your photo gets taken and you become included in the National Domestic Extremism Database?

I’ll spare you the details but as of January, I have been extremely aware of the enormous power police officers hold to screw someone royally, to put it bluntly. A chill ran down my spine when I found out something that I had been unaware of until then. The kind of coincidence that I had been a bit worried about as a result happened recently, when I discovered that I had been in Parliament Square just a few hours before Occupy planned to occupy Parliament Square. I was completely unaware of those plans, and saw nothing out of the ordinary (perhaps because I am not familiar with Parliament Square).

I am sure I stood there for a while looking pretty suspicious, however. Among other things, I was timing distances, for the sake of planning any future journeys to meetings. In the past, would that already have gotten me into the National Domestic Extremism Database because my behaviour was out of the ordinary? Non-touristy? Puzzling?

Believe it or not, there can be silly coincidences that have someone present at some kind of demonstration five times in a row. We all see such silly coincidences in other areas of our lives, after all. Does that justify the inclusion in the National Domestic Extremism Database? Of course not, but unless media shine a light on what goes on and one or two gutsy personalities take to the courts, a great deal of this kind of activity remains completely hidden from sight.

The National Domestic Extremism Database is not the only database you have to be concerned about. The police’s Crime Reporting Information System (CRIS)  can keep data up to twelve years. You would think that this CRIS system contains only crime data. It does not. CRIS contains data on serious offences, minor offences and about conduct that does not amount to an offence at all.

One wonders.

 

Confidence in the police

On 30 December 2009, the home office published Home Office Research Report 28: Improving public confidence in the police: a review of the evidence.

On 4 September 2014, a review of police functioning in England and Wales revealed that victims of crimes are being encouraged to investigate themselves, when they report offences to the police, according to the BBC. Other media, including The Guardian and the Huffington Post, also paid attention to the findings of this review.

Although the Association of Chief Police Officers appear to be explaining them as a consequence of austerity, these practices of telling victims to investigate crimes committed against them are not new.

When I reported an incident that according to the police constituted identity theft and harassment, the officer I spoke with informed me that I had to do the legwork myself if I wanted anything done because the police didn’t have the manpower to investigate these high-volume crimes. He also explained that what had happened to me could be very unsettling. He asked me whether I wanted counselling as it was available if I needed it. I appreciated that, but I declined.

That was in October 2008, when austerity measures did not play any role.

According to the BBC, the reviewers (led by Roger Baker) made similar observations, namely that this trend of telling citizens to solve crimes started before the budget cuts.

What may be related to the budget cuts, is that (in my own experience) police officers appear much less likely to offer any assistance with the psychological consequences of crimes people have been subjected to, even in more serious cases (other than standard phrases about victim support in automated recordings and printed information materials).

I think that I can safely assume that confidence in the police is currently worse than it was in 2009.

A September 2014 poll conducted by my local newspaper, the Portsmouth News, showed that only 8% of the respondents believed that police would properly investigate if they’d reported anything other than very serious crimes to the police. This number remained fairly constant during the increase of the number of respondents; the only brief deviation I saw was a percentage of 9.

But what does this low number mean?

In January 20913, the University of Twente in the Netherlands published a Bachelor thesis on the topic (confidence in the police). Notably researchers in the US and other non-EU countries have already conducted a great deal of work in this area.

When the public has a great deal of confidence in its police force, this can lead to increased feelings of safety and a decrease in fearfulness among citizens. Confidence in the police is also a good indicator for the quality of policing and of how well the public accepts the authority of the police as well as its actions.

Four factors play a role in the theoretical model to predict confidence in the police:

  • age;
  • gender;
  • direct experiences (how much contact people had with the police and whether they viewed it as positive);
  • indirect experiences (how much police-related reality TV people watch and how much they like these shows).

These factors also influence people’s fearfulness.

Confidence in the police consist of the following six components:

  • Integrity;
  • Lawfulness/legitimacy (whether police officers observe the laws in their actions;
  • Efficiency and effectiveness;
  • Democracy (fairness, openness about policies and responsibility for actions);
  • Intention (work ethic).

How does the above relate to crime figures?

In October 2014, Portsmouth City Council’s publication Flagship reported that “crime recorded by police is down by 33% since 2007/8 and 8% since last year.” I wonder how these numbers relate to the numbers of actual occurring crimes. Does citizens still report as many crimes to the police as they used to when they have experienced over the years that the police won’t investigate anyway? About 90% of all rapes go unreported, I read the other day.

The Flagship also gave numbers based on a March 2014 survey with 849 respondents. Of those respondents, 2% had experienced burglary, 1% mugging or robbing and 3% was assaulted such as beaten up. It did not mention the percentage of these crimes had actually been reported to the police. It did mention that 40% of the respondents fear burglary, 17% fear mugging/robbery and 14% fear being assaulted or beaten up.

How fearful citizens are of crime and of becoming crime victims is generally related to how much confidence they have in the police.

In essence, the fearfulness among the public does not represent citizens’ “degree of silliness” but reflects police performance and the degree of confidence people have in the police.

How much confidence people have in the police is also related to how much confidence people have in other organisations, in general.

In the Netherlands, how much confidence people have in the police is positively correlated to the quality of the contact they had with the police in the preceding twelve months, but negatively correlated if they were a victim of crime.

The Dutch study at the University of Twente was based on survey data for 125 respondents in the Netherlands.

In the same year, the Erasmus University published an extensive study of trends in the public’s confidence in the police and what they mean.

Thanks for reading. Do you still report crime to the police?

What Charlie Gard taught me

No matter how you felt about the situation of Charlie Gard and his parents and about how it was handled, you will likely agree that little Charlie’s life and death have not been in vain. Many bioethics scholars and others – predominantly men, I noticed – have been writing up their feelings and opinions on the matter, analyzing what happened and drawing conclusions. This will benefit future babies like Charlie and future parents like Charlie’s.

Or at least, it should!

Like all those other people, I too want to do a write-up because it will be very enlightening for myself (maybe also for others, because I did a surprising U-turn).

In this post, I will not go into the differences between Britain and other countries. Neither will I discuss the British legal background of the case, but I do want to point out that it must be kept in mind as essentially separate from all other considerations. The law of England & Wales must be adhered to, whether we like it or not, and in many cases that should entice the legal profession to pick up the lead in their arena and endeavor to have laws changed where called for. (Legislature, that is your duty! Step up to the plate.)

I was like just about everybody else. When I first heard about Charlie Gard case, I saw it as a consumerist view of babies. Baby has a defect. Must be fixed. Period.

As a teenager, I saw my mother suffer for many years, wither away and die and it was an immense relief for me that her suffering had ended when she died.

So, no, I am not for the extension of life “at all cost” / “no matter what” because that often is very selfish on the side of everyone who is not the patient in question. Family members and friends have to ask themselves what it is that they want. Do they want to hold on to the person no matter what or do they want that person to be free of pain?

Letting go is part of life, part of growing up, part of… being.

When one door closes, another one opens, in so many ways.

So I felt angry and frustrated toward Charlie Gard’s parents, although I certainly understood their anguish.

Earlier this year, I came up with a definition of what constitutes “a life not worth living” and Charlie Gard’s vulnerable little life fit that definition. Please, stop his suffering and let him pass away, as nature itself considers him not viable and he would surely have passed away a long time ago if it hadn’t been for the care and services provided by Great Ormond Street Hospital. That’s what I thought.

Please, please, please, let him go. Let him gooooooooooooooooooooo! That is what life is about!

But I had also come up with a definition of what harm is, within this context…

Both my definitions were very logical. I found them through play, playing with words, playing with ideas, concepts. They’d surely come across as “chilly” and “cruelly objective” to the “public”.

And then I saw that they clashed.

That’s when I saw that there was no conflict.

Both parties wanted what they thought would be the best for little Charlie.

But the only party with a real interest in this – one that didn’t clash with the wishes of the medical staff at GOSH – were Charlie’s parents.

Forgive me, please, for having accused you of a consumerist view of your child at first.

If Charlie had lived, he would be part of YOUR life now – not the hospital’s – and you were willing to accept anything that would have meant, it seems.

Who am I to judge a “vegetable” not worth of living?

Who am I to judge a being able of experiencing joy – and pain – as a life not worth of living?

Isn’t it true that ALL LIVES experience joy and pain?

Isn’t it true that this is LIFE?

I wrote the above after having consumed a considerable quantity of rum. Nothing bad about that! Below are my very (sober and) logical considerations.

Court system overhaul?

“While those with money can secure the finest legal provision in the world, the reality in our courts for many of our citizens is that the justice system is failing them – badly,” Mr Gove will say in a speech in London.

The new Justice Secretary will deliver a damning verdict on the “creaking and dysfunctional” court system, warning that is riddled by inefficiency and bureaucracy which compounds the suffering of crime victims.

In his report last year, which was commissioned by the Lord Chief Justice, Lord Leveson said: “Our conduct of criminal trials was designed in the 19th century with many changes and reforms bolted on, especially over the last 30 years.”

“The result is that it has become inefficient, time-consuming and, as a result, very expensive.”

In The Independent this morning. It all focuses on criminal justice only, but may have consequences for civil cases too. Read the rest of the article.

Relief from sanctions, late witness statements and litigants in person

The judgment of Mr Justice Warren in Chadwick -v- Burling [2015] EWHC 1610 (Ch) highlights some important issues in relation to relief from sanctions in general, and the position of litigants in person in particular.

Reblogged from Civil Litigation Brief

Gordon exall's avatarCivil Litigation Brief

The judgment of Mr Justice Warren in Chadwick -v- Burling [2015] EWHC 1610 (Ch) highlights some important issues in relation to relief from sanctions in general, and the position of litigants in person in particular.

THE CASE

The applicant in the case was the trustee in bankruptcy and bringing an action for possession and declarations of ownership in relation to a number of properties.  An order was made for the filing of evidence. The respondents did not file any evidence. A peremptory order was made that evidence be served by 5th August 2014 or the respondents be debarred from relying on evidence.

The second-respondent was the former wife of the bankrupt. She did not file evidence. She stated that she did not recall receiving the order, but did not positively state she did not receive it.

An application was made for relief from sanctions. That application was refused by the…

View original post 3,463 more words

Commonly agreed-on human rights

  • the right to medical care
  • the right to education
  • the right and the duty to perform socially useful work
  • the right to good working conditions
  • the right to such public help as may be necessary to make it possible for a person to support his or her family
  • the right to social security
  • the right to good food and housing and to live in surroundings that are pleasant and healthy
  • the right to rest and leisure

When your customer forgets to collect a repaired laptop

Like everybody else, I occasionally take items to repair shops to have them repaired. I have done that with shoes, with stereo equipment and with computers, including a laptop.

laptopI always collect my stuff timely. Sometimes, the shop owner will text me when the item is ready for collection. If not, then the shop owner will have already given me a date from which I can collect the item. I usually give the shop an extra day to make sure that the product is indeed ready. If I am too busy to stop by sooner, then I collect my goods at the first available occasion.

But what are you as repair shop owner to do when a customer forgets to collect an item? It may sound incredible, but there are customers who still show up ten months later and ask for their stuff. Continue reading

The case of the stolen painting

This claim came before the Court of Appeal in 2003, from the Central London County Court via the High Court. Professor Norman Palmer represented the claimant.

This may be what the painting looked like.

This may be what the Jan Steen painting at the centre of this claim looked like.

If I travel to your town, pick your lock, take a lovely locket from your home and make sure to leave no trace of my presence, go to the post office and post the locket to my home or to someone else’s address, can you sue Royal Mail for having shipped the stolen locket if you somehow find out and can even prove that Royal Mail transported your locket? “Of course not.” I can hear you say it.

Royal Mail was just doing its job for which it had been paid (postage). It had no way of knowing that the box or envelope it shipped contained stolen goods. Royal Mail has no obligation to check whether the contents of a shipment might be stolen. If you tried to take it to court, you likely wouldn’t get far but the whole thing could cost you quite a bit of money. Continue reading

Stress and the litigation process: how can lawyers make matters better?

From the original post:
“For us lawyers litigation is a technical process. For the litigants the effect of the litigation can have a major impact on their lives.”

From a comment:
“It still amazes me that to date, as lawyers, we fail to appreciate the importance of actively listening and showing empathy when engaging with clients.”

Gordon exall's avatarCivil Litigation Brief

There is a very useful article in the Solicitors Journal on stress and litigation (to avoid hyperbole I will not use the word “brilliant” but it deserves it.)  Hugh Koch analyse the sources of stress for litigants.  This made me think how little attention is paid to the “litigant’s view” of the litigation process. For us lawyers litigation is a technical process. For the litigants the effect of the litigation can have a major impact on their lives. There is little in our training (as barristers or solicitors) that helps us put ourselves in the litigant’s place and examine ways in which we can ease the stress to our clients.

THE ARTICLE

The article examines the 24 main reasons for stress.  Some of which lawyers can deal with, some not.

THE TOP REASONS FOR STRESS

Interestingly the number one reason for stress is “Being asked about the event again and…

View original post 373 more words

The case of the destroyed art

A few years ago, in 2009, an interesting case came before the High Court. It was interesting because like so many claims involving interference with goods, it was a story about people, about mistakes they make, misunderstandings between them. and things that can happen to them. It was also relatively complex because it was a claim against three defendants, with a fourth defendant in a Part 20 claim brought by two of the original defendants, with the first two defendants and the third also pointing fingers at each other.

The claimant was sculptor Terry New.

Nidus Sculpture at The Fitzwilliam Museum, Cambridge

Nidus Sculpture at The Fitzwilliam Museum, Cambridge

Continue reading

Yelp trolls

Last year, a New York steakhouse took legal steps to force Yelp to identify who wrote a certain post on Yelp. The writer claimed to be a waiter habitually spitting into the food served at the steak house. The writer used the name of a real person who said he had nothing to do with it and apparently filed a police report about the matter. The steak house took Yelp to court in an attempt to track  down the real poster. (Read more here, here and here.)

Earlier, another company had taken a similar matter to the courts in Virginia, claiming defamation. These cases force the US courts to carry out a delicate legal balancing act. The Virginia Appeals Court initially ruled that Yelp had to reveal the identities of seven posters, but Yelp appealed against that decision (read more here, here and here). The Virginia Supreme Court heard the matter in October 2014.

I haven’t been able to find recent information on the internet about these cases so it’s not clear to me how either of them ended. As there is a great deal of debate about the validity of Yelp reviews and the company’s ability to manipulate reviews, the point may be moot.

 

Family court without a lawyer

I just stumbled upon a series of excellent videos about going to court on your own in family law matters. They are good to watch for litigants in person tackling other areas of law too.

I recommend going to the court at least once before the day of your hearing. That way, you will know where to go on the day of the hearing and you’ll know how long it takes you to get there.

Take into account that a hearing can suddenly be scheduled in a different building for logistic reasons if there are several courts on the same location. Always check with court staff in which room (and which building) your hearing will take place (and listen to any announcements on the public address system, if there is one).

When theft is chased as a chattel tort

When I say “chattel torts”, the mind of most people goes blank.

light bulbIf you’ve ever been caught shoplifting without having been arrested, however, you may have received letters from firms quoting the Torts (Interference with Goods) Act 1977.

Ah, I saw your flash of recognition.

The practice is called civil recovery in England and Wales (and dunning in the US, so I understand).

You basically received a bill for costs incurred by the store, and you were told to pay or else you’ve be taken to court.

When they hear or read the word court, many people feel intimidated. Courts are places where people are sentenced, where children get taken away from families and places that evict people from their homes or point fingers at people and say they have to pay something.

It freaks them out! They can’t afford a lawyer, by definition, and lawyers scare them too. So they pay.

They pay the business that wrote them the letter. The business that does this to make money.

The bill they sent you did not represent actual costs of the store where you were shoplifting. It also has absolutely nothing to do with a criminal record.

Well, a few years, two such cases did go to court.

For a bill of £137.50.

The law has changed and business who send you similar exaggerated invoices are now committing a criminal offence when they do.

Are you aware of that?

“Solicitors should not use email at all”

In an article in Computing News last year about the warning ICO issued to the legal profession after a series of data breaches, Richard Anstey, CTO EMEA for collaboration tools provider Intralinks, was asked for his input on ICO’s top tips for barristers and solicitors. computerHe said the following:

“instead of ensuring email is encrypted or password-protected, solicitors should not use email at all”

You can read what he recommends using instead in the article in Computing News.

7 out of 10 UK law firms affected by cyber crime in 2014?

The Solicitors Regulation Authority (SRA) has reported that in 2014, nearly 70% of UK law firms reported a cyber security incident.

cyber security guy or hackerRead more: here.

The first half of the article focuses on bogus law firms. The second paragraph under the ad is about how cyber crime affects law firms.

 

Uber Technologies – not a law firm – has billions at its disposal; that allowed it to do some investigating that enabled it to file a John Doe lawsuit after its recently reported hacking incident. Which it discovered about half a year after the fact and then kept silent about for another six months. Give or take a few days.

Data security in the legal profession

ICO, the Information Commissioner’s office, issued a warning last year after several data breaches at law firms.

circuitAccording to the ICO, there were fifteen reported incidents of data breaches in the legal profession within a period of three months.

You can read more about it in this article in the online magazine Computing News and on
this article on the ICO website as well as in this pdf file by ICO.

  • How many legal professionals have ever built a computer from scratch? I have. It worked fine right away, too. (To my own amazement.)
  • How many legal professionals were taught a little bit of computer programming at university? I was.

Which hurdles do litigants in person face?

What are the hurdles litigants in person run into? I have talked about this a few times before.

A review of all the complaints litigants in person made between 1 January 2011 and 31 March 2012 to the Professional Conduct Department of the Bar Standards Board against barristers provides further insights. The number of complaints made by litigants in person takes up 25% of all such complaints.

Most of the litigants in person who made these complaints were involved in civil matters. Almost half of their complaints had to do with County Court proceedings. 11% concerned the High Court and 18% tribunals.

47% of these litigants were claimants and 41% were defendants. (The role of the remaining litigants (12%) was not clear, apparently.) In 25% of these cases, the litigant had obtained some legal advice, while 75% of the complaining litigants had relied on their own research during the litigation.

30% of the complainants indicated that they might have a disability; this number reflects the percentage of litigants in person with disabilities, regardless of whether they file a complaint or not.

Most of the cases concerned property, construction and planning, followed by family law with employment taking third place (excluding work injuries).

57% of the complainants did not appear to understand all aspects of legal proceedings. In general, these complainants did not appear to understand that the barrister for the other side is there to represent the other side’s views and to do their best for that other party.

As a litigant in person, it is your responsibility to present your own viewpoint within the context of the law. You cannot rely on the other party’s barrister to do that for you; it would be naïve to expect otherwise.

32% of all complainants seemed to expect the Bar Standards Board to overrule the courts, or be an alternative to the courts, and make a (new) decision. That is not what the Bar Standards Board does. Only a higher court can look at what a lower court did, and possibly reverse a decision made by a lower court.

In my view, paying close attention to the actions of the barrister working for the other side can actually enhance your own understanding as a litigant in person. They’re the professionals who can teach you a thing or two.

Another mark against Uber

There are many misgivings regarding the app-based taxi company Uber. One of those is a belief that Uber’s databases will get hacked.

Apparently, they already did. Get hacked.

Uber found out four months after the fact and kept quiet about it for months afterward. Last Friday, it finally came clean. In the New York Post, you can read more about Uber getting hacked.

Uber has meanwhile started a lawsuit against the hacker, identifying him or her as John Doe. This is also how you can sometimes take action against anonymous internet trolls as the FindLaw blog explains.

Views on litigants in person (pro se)

D. Rosen at London-based Darlington Solicitors just published a post titled Perceptions and Expectations of Litigants in Person (‘LIPS’): A commercial Litigator’s perspective on the firm’s blog.

frustrated person making a phone call

Stressed litigant in person making a phone call

“During my career I have met many wonderful and varied LIPS.”, he or she writes.

“I am frustrated at seeing too many good people waste their lives pursuing their perception of truth and justice, because a Court has not agreed with them.”

I agree.

You have to know when to pursue a matter and when to let it go. A good way to decide can be to ask yourself whether other people – society – might benefit from it if you continue to pursue the matter.

Go read this post – here – because this solicitor makes very good points.

Revenge porn now a crime in the UK

‘Revenge porn’ criminalised: What is it and what are the consequences? was one of yesterday’s headlines in the news.

Revenge porn is commonly used by internet trolls. California was among the first states that made it a crime. Many other forms of trolling are not a crime, or not a crime yet.

If you are a target of internet trolls and they are doing damage to your life, there are all sorts of things that you can do, in spite of how difficult it may seem. I will explain more about that in due course.

 

Revenge evictions coming to an end?

This morning, I had an e-mail from Citizens Advice of which the first line said that the House of Lords voted to put a stop to retaliatory evictions yesterday.

homeI was very busy with something else yesterday and this morning’s media had nothing on the topic so I did a web search. On Letting Agent Today, I found that indeed, apparently, the House of Lords essentially wants to make it impossible for landlords to evict a tenant for no reason within six months after a tenant’s improvement or hazard awareness notice.

It concerns amendments to the Deregulation Bill.

On the civil legal aid reforms

Last year, the National Audit Office published a report titled ‘Implementing Reforms to Civil Legal Aid’, a report by the Comptroller and Auditor of the General Ministry of Justice and Legal Aid Agency.

Last week, the Bar Council responded to it. Chairman of the Bar Alistair MacDonald QC said:

Overall, the report reflects the Bar Council’s concerns that the scale of the cuts made to legal aid, and the way they were introduced, abandoned the most vulnerable, created disorder in our courts, and damaged our legal advice services.’

You can read the rest of the response: here.

Keeping a PC offline keeps it safe, right?

Wrong.

Cyber crime is much sneakier than most people think. It is not limited to someone accessing your hotmail or Facebook account. it can take over your life. And gobble up your business.

There are various ways to access a computer that is offline. A term sometimes used for an offline computer is ‘air-gapped’, but for starters, a true air-gapped computer should never ever have been connected to the internet to minimise the chance that there is any software (code) on it that shouldn’t be on it. It should be brand-new, out of the box.

Unless you put it in a Faraday cage, some of the information on an offline computer can still be accessed although this is usually merely passive. It concerns information displayed on a screen or entered on a keyboard, for example. This can be accessed but not altered.

Here are a few technical articles for those who want some background:

Here is a really nice old video about it:

And this one, in German and much more recent, is quite clear too:

Here is another one:

In addition to the above, I see at least four more or less regular ways to access a computer and tamper with it:
– via cable or telephone line, directly;
– via cable or telephone line, using unused capacity on the line;
– wireless/wifi network;
– powerline networking.

In the case of powerline networking, there may be a need for that computer to have been hacked before it was taken offline. That also seems to be the case for at least one of the air-gap hopping methods.

It may also be possible to access printer memory via powerline networking and acquire information that way.

A computer does not have to be accessed through its operating system such as Windows, as is often thought. Computers can be accessed at a much more basic level as well, but it depends on the hardware and its settings.

Hackers can also purchase or build scanning equipment that can detect your mobile equipment. Phone hacking and spying software is available from regular retailers and its use has ‘reached epidemic proportions‘ (article in the Independent).

Here are four more articles, in The Independent and the Huffington Post:

If you are really intrigued now, read this article in NewScientist about new bugging devices.