Forum Articles
  Welcome back Join CF
You are here You are here: Home | Forum | Victory for Common Sense

You are currently viewing our boards as a guest which gives you limited access to view most of the discussions, articles and other free features. By joining our Virgin Media community you will have full access to all discussions, be able to view and post threads, communicate privately with other members (PM), respond to polls, upload your own images/photos, and access many other special features. Registration is fast, simple and absolutely free so please join our community today.


Welcome to Cable Forum
Go Back   Cable Forum > General Discussion > Current Affairs
Register FAQ Community Calendar

Victory for Common Sense
Reply
 
Thread Tools
Old 21-10-2005, 15:24   #31
andyl
Guest
 
Location: Bury
Services: NTL 2MB Broadband, x2 phones, digi TV.
Posts: n/a
Re: Victory for Common Sense

I take on board your comments re bail conditions Chris but I guess it's difficult. If someone is charged with common assault is it a common bail condition for them to keep away from the person they are accused of assaulting? But given the circs you'd think this matter would have been brought before the courts sooner.
__________________

Just seen your latest Chris. I'm a bit confused by that reporting; how could Social Services impose bail conditions? They might advise the court but would presumably do so based on their knowledge of the family. But it's for the court alone to impose bail conditions.
  Reply With Quote
Advertisement
Old 21-10-2005, 15:32   #32
Chris
Trollsplatter
Cable Forum Team
 
Chris's Avatar
 
Join Date: Jun 2003
Location: North of Watford
Services: Humane elimination of all common Internet pests
Posts: 38,607
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Re: Victory for Common Sense

Quote:
Originally Posted by andyl
Just seen your latest Chris. I'm a bit confused by that reporting; how could Social Services impose bail conditions? They might advise the court but would presumably do so based on their knowledge of the family. But it's for the court alone to impose bail conditions.
In court, the prosecution can press for bail to be denied, or granted only on certain conditions, and they can submit expert testimony to back up their demands. You never hear much about it in the media because reporting of bail arguments is largely prohibited by law. However, where the BBC says that "bail conditions imposed by the court and social services..." I take that to mean that Social Services were pushing for the conditions that were imposed, through the prosecution. Magistrates are not legal experts. They are advised on the law by the court clerk and then weigh up the arguments from the legal representatives in the same way a Jury does. I don't imagine many magistrates would stray far from advice from social services, not least because in my experience, a good number of magistrates are also local councillors (county, district or parish), so they know who the social services people are!
Chris is offline   Reply With Quote
Old 21-10-2005, 15:36   #33
andyl
Guest
 
Location: Bury
Services: NTL 2MB Broadband, x2 phones, digi TV.
Posts: n/a
Re: Victory for Common Sense

Quote:
Originally Posted by Chris T
In court, the prosecution can press for bail to be denied, or granted only on certain conditions, and they can submit expert testimony to back up their demands. You never hear much about it in the media because reporting of bail arguments is largely prohibited by law. However, where the BBC says that "bail conditions imposed by the court and social services..." I take that to mean that Social Services were pushing for the conditions that were imposed, through the prosecution. Magistrates are not legal experts. They are advised on the law by the court clerk and then weigh up the arguments from the legal representatives in the same way a Jury does. I don't imagine many magistrates would stray far from advice from social services, not least because in my experience, a good number of magistrates are also local councillors (county, district or parish), so they know who the social services people are!
Well my question would be why were Social Services pushing for such conditions? Having said that my partner has to work with out local SS and she's not in the least bit impressed, though that's more to do with there shirking of care responsibilities than, say, being overly cautious.

Magistrates for their part presumably assess the need, or otherwise, for such bail conditions, something for which they are trained.
  Reply With Quote
Old 21-10-2005, 15:45   #34
me283
Inactive
 
me283's Avatar
 
Join Date: Feb 2005
Location: Back in England, but not for long...
Services: Weddings, christenings, barmitzvahs
Posts: 3,422
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
Re: Victory for Common Sense

Quote:
Originally Posted by andyl
And the charge was common assault. Is anyone suggesting children shouldn't be protected from assault in the same way that adults are?
Was there any injury to the child, does anyone know? Any bruising etc?

Common assault, for smacking a child once, seems a bit of an overstatement at first glance.
me283 is offline   Reply With Quote
Old 21-10-2005, 15:48   #35
Maggy
The Invisible Woman
Cable Forum Mod
 
Maggy's Avatar
 
Join Date: Jun 2003
Location: between Portsmouth and Southampton.
Age: 74
Services: VM XL TV,50 MB VM BB,VM landline, Tivo
Posts: 40,379
Maggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden aura
Maggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden aura
Re: Victory for Common Sense

Not sure I want the right to lay hands on children these days as one is left wondering how many may have a knife secreted away somewhere.The most I'm prepared to do is step between two warring parties.


I did however wonder sometime ago whether they would have to adapt the no touch policy eventually.

Also what has annoyed me about the non corporal punishment rules is that I never actually got to vote about changing it.It was just introduced without much discussion in a sort of back door shuffle.I hate that phrase "it has been decided".

Yeah by whom and why wasn't I consulted?
__________________
Hell is empty and all the devils are here. Shakespeare..
Maggy is offline   Reply With Quote
Old 21-10-2005, 16:08   #36
BBKing
R.I.P.
 
BBKing's Avatar
 
Join Date: Jun 2003
Location: London
Services: 20Mb VM CM, Virgin TV
Posts: 5,983
BBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny star
BBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny star
Send a message via ICQ to BBKing
Re: Victory for Common Sense

Quote:
Yeah by whom and why wasn't I consulted?
Corporal punishment in state schools was stopped after an ECHR decision some 25 years ago. Smacking for parents hasn't actually been stopped, merely tightened up rather a lot, which was done by Parliament last year, so technically we did vote for it, though I'm unsure whether it was in the 2001 Labour manifesto.

Restraint/assault. If I grab my son to stop him running out in front of a car (which I've had to do recently) that's not assault at all. If I subsequently thumped him for it it would be (he's a bit younger than the lad in the original story, but I don't think that matters). The case Chris posted was slightly different to what we're discussing in that the charge was about the thumping rather than the restraint. I'd be very surprised if anyone had been prosecuted merely for physically restraining a child (tying up or locking up for a long time would be a different matter, however, and verges on child abuse). If you have a toddler around, you probably restrain them in some way every couple of minutes or so!

I have no problems at all with a child being forcibly restrained by a teacher for their safety, to stop them attacking someone else, to make them stay and listen to a telling off etc., indeed I'd applaud the teacher for so doing, since it's what I'd do myself. However, it clearly crosses a line if the teacher subsequently gives them a right-hander. In loco parentis being what it is, that applies to parents as well.
BBKing is offline   Reply With Quote
Old 21-10-2005, 16:13   #37
Chris
Trollsplatter
Cable Forum Team
 
Chris's Avatar
 
Join Date: Jun 2003
Location: North of Watford
Services: Humane elimination of all common Internet pests
Posts: 38,607
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Chris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden auraChris has a golden aura
Re: Victory for Common Sense

Quote:
Originally Posted by BBKing
In loco parentis being what it is, that applies to parents as well.
But it doesn't ... reasonable chastisement still applies, does it not?
Chris is offline   Reply With Quote
Old 21-10-2005, 16:33   #38
Shaun
Inactive
 
Join Date: Jun 2003
Posts: 6,064
Shaun has a nice shiny starShaun has a nice shiny star
Shaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny starShaun has a nice shiny star
Re: Victory for Common Sense

Perhaps teachers should be taught proper restraint techniques like the police and prison officers. That way if the approved restraint is used there should be no come back on the teacher.
Shaun is offline   Reply With Quote
Old 21-10-2005, 16:37   #39
me283
Inactive
 
me283's Avatar
 
Join Date: Feb 2005
Location: Back in England, but not for long...
Services: Weddings, christenings, barmitzvahs
Posts: 3,422
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
me283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronzeme283 is cast in bronze
Re: Victory for Common Sense

Quote:
Originally Posted by BBKing
Corporal punishment in state schools was stopped after an ECHR decision some 25 years ago. Smacking for parents hasn't actually been stopped, merely tightened up rather a lot, which was done by Parliament last year, so technically we did vote for it, though I'm unsure whether it was in the 2001 Labour manifesto.

Restraint/assault. If I grab my son to stop him running out in front of a car (which I've had to do recently) that's not assault at all. If I subsequently thumped him for it it would be (he's a bit younger than the lad in the original story, but I don't think that matters). The case Chris posted was slightly different to what we're discussing in that the charge was about the thumping rather than the restraint. I'd be very surprised if anyone had been prosecuted merely for physically restraining a child (tying up or locking up for a long time would be a different matter, however, and verges on child abuse). If you have a toddler around, you probably restrain them in some way every couple of minutes or so!

I have no problems at all with a child being forcibly restrained by a teacher for their safety, to stop them attacking someone else, to make them stay and listen to a telling off etc., indeed I'd applaud the teacher for so doing, since it's what I'd do myself. However, it clearly crosses a line if the teacher subsequently gives them a right-hander. In loco parentis being what it is, that applies to parents as well.
Hmmm... I shall have to re-read the story. I thought the child was smacked; you say "thumping"... that puts a different slant on things.
me283 is offline   Reply With Quote
Old 21-10-2005, 16:45   #40
Kliro
Inactive
 
Kliro's Avatar
 
Join Date: Jul 2004
Location: Manchester
Posts: 1,528
Kliro has reached the bronze age
Kliro has reached the bronze ageKliro has reached the bronze ageKliro has reached the bronze ageKliro has reached the bronze ageKliro has reached the bronze ageKliro has reached the bronze ageKliro has reached the bronze age
Send a message via MSN to Kliro
Re: Victory for Common Sense

We had a discussion about this in class today, and I was told a few things, Im afraid I don't have any proof to back anything up, but the people who told me have no reason to lie etc.

Apparently there was a fight between pupils, and a teacher broke it up, and in the process ended up hurting one of the pupils (not purposely) The child prosecuted, and the teacher was given 18months.

recently a girls face was slashed from her eyebrow to cheek, and there was nothing the teacher could do, as they knew intervention could get them into trouble.

Nothing like that happens at my school, but some teachers have taught elsewhere, and have said that at some schools, when teachers see a fight they just walk away, as they don't want to get into trouble by stopping it, but cannot stand by being seen to do nothing.

I'm all for teachers being allowed to restrain.
Kliro is offline   Reply With Quote
Old 21-10-2005, 16:47   #41
andyl
Guest
 
Location: Bury
Services: NTL 2MB Broadband, x2 phones, digi TV.
Posts: n/a
Re: Victory for Common Sense

Quote:
Originally Posted by Kliro
I'm all for teachers being allowed to restrain.
I have no problem at all with teachers restraining.
  Reply With Quote
Old 21-10-2005, 18:56   #42
Maggy
The Invisible Woman
Cable Forum Mod
 
Maggy's Avatar
 
Join Date: Jun 2003
Location: between Portsmouth and Southampton.
Age: 74
Services: VM XL TV,50 MB VM BB,VM landline, Tivo
Posts: 40,379
Maggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden aura
Maggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden auraMaggy has a golden aura
Re: Victory for Common Sense

I do not walk away from fights I just shoulder myself between the assailants and stand there resolutely.Being 20 stone helps...Besides they don't want to be the first to hit a female teacher.
__________________
Hell is empty and all the devils are here. Shakespeare..
Maggy is offline   Reply With Quote
Old 21-10-2005, 19:00   #43
Graham
Inactive
 
Graham's Avatar
 
Join Date: May 2005
Age: 61
Posts: 3,170
Graham has a nice shiny star
Graham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny starGraham has a nice shiny star
Re: Victory for Common Sense

Quote:
Originally Posted by Chris T
Quote:
Originally Posted by Graham
Cites?
__________________

ADDENDUM: Ah. So it's an opinion.

Please don't present it as a fact then.
I have posted an example of a father being prosecuted for assault after smacking his child in public.
Fine, that's a fact, but when someone declares something and follows it with "I don't have any documented cases, and I don't have to produce any either for this discussion." why should I accept that as anything worth discussing?
__________________

Quote:
Originally Posted by Pierre
Quote:
Originally Posted by Graham
Ah. So it's an opinion.

Please don't present it as a fact then.
Sorry didn't realise I had to qualify all of my statements with IMO or :fact:

Sorry, I thought we were having a discussion
See my reply just above.
Graham is offline   Reply With Quote
Old 21-10-2005, 19:02   #44
BBKing
R.I.P.
 
BBKing's Avatar
 
Join Date: Jun 2003
Location: London
Services: 20Mb VM CM, Virgin TV
Posts: 5,983
BBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny star
BBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny starBBKing has a nice shiny star
Send a message via ICQ to BBKing
Re: Victory for Common Sense

Quote:
why should I accept that as anything worth discussing?
"There's no evidence for it, but it's scientific fact". Chris Morris was there before you, again.
BBKing is offline   Reply With Quote
Reply


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT. The time now is 14:57.


Server: lithium.zmnt.uk
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2026, vBulletin Solutions Inc.
All Posts and Content are © Cable Forum