Legal Research Essay Text

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Note subordinate legislation penalties for disorderly behaviour amendment of minimum age order 2004, si 2004/3166 no reference to under age drinkers in the facts so not following up further reviewing rest of part 1 and noting that under s 4 a penalty notice is defined as a notice offering the opportunityto discharge any liability to be convicted of the offence to which the notice relates. S 1 lists offences leading to penalties on the spot and noting that these include being drunk in a highway, other public place or licensed premises. Disorderly behaviour while drunk in a public place and behaviour likely to cause harassment, alarm or distress halsbury's laws of england 542 penalty notices and penalties halsbury's laws 543 deals with procedure therefore appears that in addition to the police accredited persons may be able to issue pnds subject to certain exceptions. Comes under equality and human rights commission eoc at w.equalityhumanrights.com/ main legislation is the equality act 2010 which came into force 1 october 2010 and brought into one place the fragmented existing laws against discrimination. Guidance on eoc website suggest that businesses need to avoid unlawful discrimination which includes setting conditions eg ladies nights would almost certainly fall into this. Says ea applies to both public and private sectors, human rights act 1998 to public bodies also referred to human rights law and practice, third edition lexis nexis 2009 ehrc is non departmental government body equality act 2010 s13 direct discrimination 1 a person a discriminates against another b if, because of a protected characteristic, a treats b less favourably than a treats or would treat others. 1 a person a service provider concerned with the provision of a service to the public or a section of the public for payment or not must not discriminate against a person requiring the service by not providing the person with the service.

2 a service provider a must not, in providing the service, discriminate against a person b a as to the terms on which a provides the service to b b by terminating the provision of the service to b c by subjecting b to any other detriment. Part 9 deals with enforcement s113 with proceedings, 114 jurisdiction, 118 time limits and 119 remedies. Important points bring in county court in area where business based within 6 months of discrimination. Recent news hall and preddy case unreported same sex couple who were not allowed to stay in bed and breakfast received 163 1,800 each in damages what is the entitlement to paternity leave? search paternity leave additional paternity leave regulations 2010 si 2010/1055 came into force 6 april 2010. Under employment rights act 1996 requirement to make regulations entitling fathers to paternity leave 2 consecutive weeks within 56 days of birth. Work and families act 2008 inserted s80aa and 80bb into era reference to ordinary and additional leave. Paternity and adoption leave regulations 2002/2788 gave entitlement to 2 weeks paternity leave.

Additional paternity leave regulations 2010 si 2010/1055 additional paternity leave where child due on or after 3 april 2011 up to 6 months and entitled to return to same job after leave. From: trainee to: supervising partner date: 30.03.11 re: vincent grubnic, managing director of the vortex, night club dear supervising partner thank you for your memo dated 29.03.11 in which you requested i conduct some research ahead of your meeting with vincent grubnic next thursday, focusing particularly on the following issues: 1. Could vincent's security staff be given power to issue fixed penalty notices for disorder? 2. Would male customers have any cause of action against the club for being charged twice the entrance fee of women on a wednesday or thursday night? if so, where could this action be instigated? 3.

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Is lucca entitled to the additional 6 months leave? if so, does vincent have to keep his job open for him? in relation to issue 1 vincent can apply to the local police force for accreditation for his security staff to be given the power to issue penalty notices. In relation to issue 2 it is likely that the promotion described would fall foul of sex discrimination law and the complainant could bring proceedings in the county court and possibly be awarded damages. In relation to issue 3 it is again likely that lucca will be entitled to the additional leave and, if his job is not held open for him, there is a risk of lucca bringing an employment claim.

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Issue 1 fixed penalty notices for disorder the starting point is the criminal justice and police act 2001 cjpa , part 1 of which deals with provisions for combatting crime and disorder. This legislation created the power for the police to issue penalty notices for certain offences. A penalty notice is defined as a notice offering the opportunityto discharge any liability to be convicted of the offence to which the notice relates. Therefore a person given a penalty notice, assuming they elect to pay the specified amount, will not be convicted of the offence detailed in the notice. If, however, they do not pay the specified amount they are likely to be charged with the offence and may be convicted.

The offences which may lead to on the spot penalties include being drunk in a highway, other public place or licensed premises, disorderly behavior while drunk in a public place and behavior likely to cause harassment, alarm or distress. The amount of the penalty is specified by order of the secretary of state with the fixed amount for most of the listed offences being 163 80, or 163 40 in case of person under 16. The notice must include specified details including the alleged offence, the circumstances in which it occurred and the person's right to ask to be tried for the alleged offence in place of paying the fixed amount. Initially, under cjpa, it was envisaged that penalty notices would be issued by the police.

However, this was later widened to include police community support officers as well as people accredited under a community accreditation scheme. The police reform act 2002 pra created the power for the chief officer of a police force to set up a community accreditation scheme. Under such a scheme, an accredited person has similar powers to the police to issue notices and therefore the chief officer must be satisfied that that their employer is fit to supervise them carrying out their role, that the person themselves is suitable to the role and that they have received training. Under s41 5 pra the chief officer of police may charge a fee for considering and granting applications. Accreditation schemes are aimed at particular types of work including staff of private security firms.

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