Why Jacqui Smith can’t ban prostitution Jacqui Smith cannot ban prostitution because there will always be a demand for sex by men who are prepared to pay for it. Equally there are women who are prepared to have sex and be paid for it. By Grahame Stowe
History teaches us down the centuries that will always be the case. Therefore I believe the relevant issue for society is how to protect both sexes from exploitation which can occur on both sides. Women may be forced into prostitution, men may desperately wish to have sexual relationships, but have no alternative but to do so with a prostitute. Under current law, pimping, brothel keeping, kerb crawling and soliciting sex are all illegal. Prostitution is not a criminal offence.It is this contradiction that means nearly every activity associated with it constitutes criminal activity and why the trade is predominant in dark streets and alleyways – without any protection for those involved. The latest idea from the Home Secretary is to make it illegal for anyone to pay for sex with a pimp-controlled prostitute.This seems to follow the Swedish model, introduced in 1999, when it became illegal to pay for sex, but not to offer sex for sale. This was backed up by harsh punishments for men seeking to pay for sex and long prison terms for pimps. Although it certainly drove prostitutes off the streets for a period of time, current opinion suggests they have returned, and prostitution thrives secretly in apartments and brothels, which are far less easy to police. Thus the women caught up in prostitution are still clearly at risk and those desperate men who risk their liberty and reputation to pay for sex are still prepared to take those risks.If the government is serious about dealing with the sex trade, it needs a far more radical approach. It needs to be focused on giving those trapped a way out of their lifestyle and not burdening the already overworked police forces in this country with more complicated offences they can never seriously expect to enforce.

I see no reason why Government is so keen to shy away from debate about reducing criminal sanctions for those involved and establishing a proper regulated industry, other than a weak attempt to win votes

It’s free and easy to avoid sad legacyFREE wills are being offered by a Leeds law firm as part of a national charity fund-raising drive.“Will Aid” operates through volunteer law firms who draw up wills, or alter existing ones, without charge.  People are asked to make a donation in return, or leave something to charity in the will which they have drawn up.Since its launch in 1988, Will Aid, has raised almost £7m in donations and much more in legacies.Monies raised are split between nine participating charties, including the British Red Cross, Help the Aged and the NSPCC.Will Aid will be in operation throughout November.Law firm Grahame Stowe Bateson, which has seven offices in Leeds and Harrogate, has supported the campaign for the last 10 years.Senior Partner Grahame Stowe said:  “Making a will is a relatively simple process and can save a great deal of anguish, yet an incredible number of people have nothing in place.“Will Aid is a terrific opportunity for members of the public to put their affairs in order and support nine very good causes at the same time.”

FOR many a homeowner the credit crunch makes this a worrying time – if like most people you have a mortgage. A series of catastrophes in the global financial markets has seen banks go under, be bought up in “quick fire” sales or nationalised. The looming recession and the spiraling cost of living has squeezed household budgets.

Mortgages are now difficult to come by and difficult to keep, with economic experts warning that the dire situation is likely to get worse over the coming months and years.

It is far from surprising then that the number of homes being repossessed in West Yorkshire has soared in recent months.

The latest figures, compiled by the Ministry of Justice, make ominous reading.

In Leeds mortgage possession actions have been launched against 858 properties already this year – that works out as 12 per cent more claims than last year. Elsewhere in the region, the rising repossession rate has been even more dramatic. Dewsbury saw 457 mortgage possession actions launched – a rise of 24 per cent, while Wakefield has seen actions launched against 259 properties – a rise of 28 per cent. The biggest hike has been in Bradford with 918, a 36 per cent jump.

Advice charity National Debtline said it has seen a 30 per cent increase in the past year in the number of worried callers who have fallen into arrears on their mortgage.

So Consumer watch has teamed up with a leading Leeds-based law firm to bring you a guide to avoiding repossession.

Grahame Stowe, senior partner at Grahame Stowe Bateson, said: “Householders who are struggling with their finances need to be aware that no matter how grave their situation, it may be possible to come to some agreement with their mortgage provider.

“The worst thing that someone can do is to sit back and pretend that it isn’t happening. Even after court proceedings have been issued, it may be possible to find a workable solution.”

Advice to vulnerable householders:

1. Make sure you can afford a mortgage from the outset. This piece of advice does not just apply to first time buyers. Many cheap fixed-rate deals are due to expire so homeowners looking to remortgage should consider their options very carefully.

The key points to consider are:

What you can afford – review your monthly outgoings alongside your and income and work out exactly what you can afford;

Will your salary increase year on year – be truthful, is this a definite?

Always assume the worst by working on the basis that interest rates will rise;

2. The terms and conditions of your house loan. If in doubt, seek advice from a solicitor or another industry professional. Take immediate action if you find yourself struggling. Don’t ignore the warning signs. If you are living month-to-month and finding it difficult to meet mortgage payments or you miss a payment, burying your head in the sand and hoping that the problem will go away will only make the situation worse. The best possible course of action is to contact your mortgage provider at the earliest opportunity. Explain your situation, and ask to discuss ways to work together to avoid any repossession proceedings. Before you call, make sure you have information about your budget to hand. Be realistic about what you can afford. It is rare for mortgage providers to recoup their investments when homes are repossessed, so it is in their interests to negotiate with you and come to some form of agreement.

This could be by way of:

A payment holiday – a temporary period during which the borrower does not have to pay anything towards the mortgage, or is permitted to make reduced payments,

Capitalising arrears – when arrears are added to the total mortgage debt. Please bear in mind, however, that this solution can raise the cost of your monthly instalments in the long run, changing to an interest-only mortgage – converting a repayment mortgage to an interest-only mortgage can reduce the size of monthly instalments.

“Whatever you do, do something,” warned Mr Stowe. “Never ignore demands by your mortgage provider for outstanding arrears. If they feel that you have ignored their letters or phone calls your mortgage provider will be less willing to seek an amicable agreement with you. Work with them NOT against them.” 3.  Check to see if you are entitled to state benefit assistance such as tax credits or child benefit.  It is estimate that people in the UK are missing out on benefits and tax credits worth £5million a year. 4.  Keep your wits about you; beware of companies offering to help you avoid repossession by buying your property and renting it back to you.  Very often the purchase price offered is below market value and the rent you will be charged will most likely be over and above the average rental price in your area. 5.   Consider selling your property yourself.  If you simply cannot afford your mortgage, in the long term, you should consider selling the property yourself while you are still living there to get a higher price. 6.  Know your rights.  If the situation deteriorates and the bailiffs arrive at your home remember that they do not have the right to force their way into your home, said Mr Stowe.  “They are not permitted to push past you if you answer the door to them, however, they are allowed to climb over your fences and gates and gain entry through the doors and windows that have been left open.  Note that the bailiffs may attempt to gain entry by attempting to walk past you, asking to use the telephone or inviting themselves inside.  “You do not have to let them in.  Once inside, a bailiff will attempt to find and seize any goods of value.”

What to do if you are facing repossession

If worst comes to worst and you face losing your home, the best thing to do would be to seek legal advice immediately as court proceedings are likely to have been issued against you.

When meeting your solicitor:

1.  Prepare a thorough breakdown of your budget and take it to your first meeting;

2. Take a copy of your mortgage agreement, and all correspondence with your mortgage provider. This will help your solicitor get to grips with the situation quickly and enable them to help you devise some realistic options.

A former Leeds lawyer and chemical expert with a top local firm of solicitors is to face a drugs charge. Roger Lowe – a chemicals specialist and until recently an associate of Walker Morris – has been charged with supplying the Class A drug cocaine and will appear at Leeds Magistrates Court next Wednesday.

Lowe, 40, is understood to have been arrested by West Yorkshire Police as part of its ongoing anti-drugs campaign Operation Brava.

The offence is alleged to have taken place at the Baby Jupiter Bar, York Place, Leeds city centre. Dr Lowe lives in the Leeds area.

Until recently Dr Lowe was part of a three-strong legal team from Walker Morris advising on the impact of sweeping European legislation governing the use of chemicals.

Walker Morris was one of the first UK law firms to be appointed to a national panel established by the Chemicals Industry Association.

The firm’s team was established to advise on the new chemical safety legislation Reach– Registration, Evaluation, Authorisation and Restriction of Chemicals – which placed responsibility for ensuring the safety of chemicals onto companies who produce, import or use them. The Reach legislation is administered by the new European Chemicals Agency.

Lowe, who holds a PhD in Instrumentation and Analytical Chemistry has post-doctoral experience in chemical analysis.

When Lowe appears in court later this week it is expected that the bench will rule on the choice of where the case will be heard, the magistrates court or Leeds Crown Court. The crown court has heavier sentencing powers.

Lowe is due to be represented by the WELL KNOWN LEEDS CRIMINAL LAWYER GRAHAME STOWE.

A spokesman for Walker Morris later said: “Roger Lowe was, but is no longer, employed by this firm.”

The grandson accused of murdering anti-gun campaigner Pat Regan was remanded in custody today. Rakeim Regan, 20, appeared at court in Leeds charged with the murder of the 53-year-old, who was stabbed to death on Sunday. Dressed in a grey sweatshirt and blue track suit bottoms, Regan looked disorientated as he stood before magistrates mumbling and fidgeting. He spoke only to confirm his name and address during the five-minute hearing. Regan was remanded to June 11 when he will appear at Leeds Crown Court. He is also accused of wounding with intent following the stabbing of a railway worker at Leeds station on Sunday. Grahame Stowe, defending, made no application for bail. Following the news of Mrs Regan’s death, tributes poured in from friends, family, politicians and campaign groups. Mrs Regan had campaigned against guns and violent crime since her son, Danny, was shot dead in St Helens, Merseyside, in December 2002. She founded her own organisation, Mothers Against Violence, in Leeds and visited schools giving talks about the dangers and consequences of getting involved in crime and carrying weapons. The Home Secretary Jacqui Smith led the tributes from politicians, saying she was “shocked and saddened” about Mrs Regan’s death. “I had met Pat on several occasions and have been greatly impressed with her dedication to tackling gun crime,” she said. “Her death is a great loss.” Friends and family held a candle-lit vigil close to the scene of her death.  

Gordon Brown’s government is set to announce whether it plans to reclassify cannabis, in a move that is set to draw criticism whatever the outcome.The decision on whether to upgrade cannabis to Class B from Class C follows a government-commissioned review by an independent body, which will also publish its findings on Wednesday.Speculation is rife that Brown will reclassify cannabis as a Class B substance, going against the advice of his advisory council that is expected to endorse the status quo.Government officials declined to comment ahead of the announcement but Brown said last month he wanted to send a strong message that use of the drug was “unacceptable”.Cannabis was downgraded to Class C – which includes substances such as anabolic steroids – in 2004.That means possession of the drug is treated largely as a non-arrestable offence.But proponents of a tougher drugs policy say its Class C status ignores the potential mental health effects of cannabis, particularly stronger variations like “skunk”.Mental health criminal lawyer Grahame Stowe, a partner at law firm Grahame Stowe Bateson, said reclassification of cannabis was long overdue.“Those of us who work in the criminal and mental health spheres of the legal industry are acutely aware of the danger cannabis poses and the long-term damage it causes,” the lawyer, who has 35 years’ experience, said in a statement.“Reclassification is the only way to address this problem and make concrete progress on tackling cannabis use.”The Advisory Council on the Misuse of Drugs (ACMD) was asked by Brown shortly after he took office last June to review the drug’s classification and it reported to ministers last week.The council will make its findings public about the same time as Home Secretary Jacqui Smith unveils the government’s decision to parliament, expected at 12.30 pm (1130 GMT).Going against the council’s advice would be controversial given it plays a major role in drugs policy but Brown would also come under fire from those who say the current policy is too soft if he decides to keep the drug in Class C.Last month, Brown hinted he favoured reclassification.“I don’t think that the previous studies took into account that so much of the cannabis on the streets is now of a lethal quality and we really have got to send out a message to young people – this is not acceptable,” he said.He added he was particularly worried about the growing use of skunk cannabis, which he described as “more lethal”.

A SUSPECTED murderer, a rapist and a cocaine importer were among those caught up in the missing records scandal at Leeds Magistrates’ Court.
They are on a list released by Ministers of 62 of the most serious cases where magistrates’ records were blank because court officials failed to record the outcome of cases.Court inspectors rushed to examine the cases because of their seriousness and have concluded all defendants were dealt with properly at Crown Court and did not escape justice.

But the list of crimes – which also includes attempted murder, conspiracy to commit armed robbery and racially-aggravated assault – prompted fresh questions about what happened during a quarter of a century of failings in record-keeping at the court, where up to 1,200 criminals may have escaped without having their details put on the Police National Computer.

Leeds North West Liberal Democrat MP Greg Mulholland, who obtained the list through Parliamentary questions, renewed his calls for a criminal investigation into the failings, a demand he has made in a letter to West Yorkshire Chief Constable Sir Norman Bettison.

“The scale and seriousness of the cases involved is truly shocking,” Mr Mulholland said.

“It is quite terrifying to think that the results of criminal proceedings including for rape and murder were missing.

“Yet this list only scratches the surface; there are over 1,500 offences… where we still don’t know what happened and even whether those involved were brought to justice for the offences they were charged with.

“There are still a lot of unanswered questions in this whole episode and the terrible fact is, we may never know about all the cases that went unreported.”

Shadow Justice Secretary Nick Herbert said “the failings” at the court had “undermined justice and let down victims of crime” and “proper assurances from the Government that these failings are not more widespread in the court system” were needed.

Justice Secretary Jack Straw condemned the “lamentable” failings and a “systematic covering up of errors” revealed in a report by Her Majesty’s Chief Inspector of Courts Administration published earlier this month.

A failure to log court results in hundreds of cases between 1980 and 2004 – mostly after 2001 – meant there were no accurate results of what happened to 2,206 defendants accused of 3,260 offences. To cover up some of the errors false registers were created and some results were even guessed at.

While the outcome in 62 of the most serious offences has been traced, checks continue into whether any of the other offenders have escaped being put on the police database, effectively wiping clear their criminal record.

Blunders also meant up to 555 defendants were either never tried or never served their sent-ence for offences including indecent assault, wounding and burglary after legal advisers – or clerks – withdrew warrants to clear backlogs without the cases being properly considered.

Justice Minister Maria Eagle told Mr Mulholland none of those had yet been brought before court and their cases are currently being reviewed by a Criminal Justice System team in Leeds.

Mr Mulholland said: “We still also need a criminal investigation into this whole matter.

“So far all that has happened in terms of holding people to account is that two individuals are facing internal disciplinary action at Leeds Magistrates Court. Considering the scale of mismanagement and malpractice, this is not acceptable.”

A spokeswoman for the Ministry of Justice said work would continue to identify results for the outstanding cases.

“The results of 62 of the most serious offences have already been found and verified – and I can confirm the outcome of cases were appropriately resulted in the Crown Court,” she said.

“Her Majesty’s Court Service continues to work with the other agencies to seek the missing adjudications and resolve what should happen in relation to the withdrawn warrants.”

Leeds criminal lawyer Grahame Stowe said mountains of paperwork put court staff under immense pressure.

“While Leeds Magistrates’ Court clearly has some particular questions to answer I expect it is simply being used as a
whipping boy for a criminal
justice system that is creaking under a mountain of red tape.”

 Grahame Stowe is Peter Hills Solicitor and had this to say “This decision (to drop the case) is a vindication of what we have said all along - the charges were based on spurious intelligence and had little basis in fact.  Despite several months of investigation at taxpayers’ expense, no proceedings have been worthy of pursuing against Mr Hill, yet his career and personla life have been devastated.

After being detained for five harrowing dys, the subsequent investigation lead to Peter losing his home and his reputation within the local community being destroyed.  Mr Hill is noiw considering the avenues of redress available to him.”

 THIS LIFE:HOME MADE 

GRAHAME Stowe was raised in a Jewish family in north Leeds and attended Allerton Grange High School, leaving with just one O-Level to his name. Now 59, he’s senior partner of one of the most high-profile and respected practices in Leeds, the 27-year-old Grahame Stowe Bateson, specialising in criminal and mental health law. But he didn’t have an easy start in life.He was just 19 when his father died at the age of 80 leaving young Grahame as the man of the house.As a result he took on numerous part time jobs while studying to retake his qualifications and get himself through a law degree at Leeds University. He met his wife Marilyn, also a highly successful lawyer, while they were both offering their legal advice to the Citizens’ Advice Bureau in Chapeltown – and five weeks later they were engaged. They have a 19-year-old son called Ben and the family still lives in north Leeds.Mr Stowe deals with cases ranging from fraud, representing both the Department of Trade and Industry and HM Revenue & Excise, up to ‘unwitting crimes’ where people breach legislation enforced by the Health and Safety Executive and local authorities and he also handles around six murder cases every year.

I think a lot of people see this rather tall chap, smooth voice and capable but I haven’t always been this confident or had much reason to be. But that’s a bonus in my mind because it’s given me the ability to talk to anyone and empathise with anyone.We run free weekly advice surgeries at the practice and sometimes I deal with people with no money who live in a skip but I’ll treat them in exactly the same way as I would a high court judge. I cannot abide snobbery.My first crush was on a girl I met when I travelled to America.To me she was like the vision of Cindy Crawford and I fell head over heels with her – so much so that I actually made her a written proposal of marriage after a matter of days, sadly I had to come back to the UK though.Favorite things…..Food: Bread and cheeseTV Show: Fawlty Towers and One Foot in the GraveActor: Sean ConneryMovie: Sleepless in SeattleAuthor: Bernice Reubens (author of Brothers)Star sign: GeminiFINE EXAMPLE - EDITORS COMMENTSIN his own words Grahame Stowe was ‘a short, fat kid’ who was bullied mercilessly and developed a stammer.  He left school with barely a qualification to his name and sold sandwiches door-to-door around Leeds.  Now he’s a top Lawyer who heads up one of the city’s most successful legal practices. 

Court staff face disciplinary

A disciplinary inquiry was under way last night after a report found that thousands of convicted offenders had not been listed on the Police National Computer because of a catalogue of court errors, while hundreds of other suspects had escaped trial. Jack Straw, the Justice Secretary, announced that an investigation would take place into the “lamentable” failings at Leeds Magistrates’ Court, possibly leading to criminal charges against court staff involved. Up to 555 defendants who had their warrants to appear in court withdrawn may now be recalled over the 1,709 charges that they faced. Most were for motoring or other minor matters, but 115 were for serious offences that should be recorded on the Police National Computer. Yesterday’s report by four independent criminal justice inspectorates also found that Leeds Magistrates’ Court had failed to record the outcome of cases concerning 2,206 defendants in respect of 3,260 offences, of which 1,568 were serious.

·         Court staff reject ‘postcode’ pay offer

·         Solicitors strike to hit court cases

At worst, 1,200 defendants have not had the outcomes of the 1,568 most serious offences, including grievous bodily harm, wounding with intent and possession of a firearm, recorded on the computer. The report calls for an inquiry into whether checks run through the Criminal Records Bureau have been compromised. Nick Herbert, Conservative Shadow Justice Secretary, said the “catalogue of negligence and poor record keeping” had undermined the justice system in West Yorkshire and let down victims of crime. He added: “The systemic nature of the errors, widespread managerial failings and length of time over which they occurred raises the question of whether these failings might be occurring in other courts.” The report, by the inspectorates of Court Administration, the Crown Prosecution Service, the Constabulary and the Probation Service, shows a pattern of “historic failure” dating back to 1980, although most incidents occurred between 2001 and 2004. Mr Straw said he accepted the findings entirely and insisted that the Government was acting on them. A separate report was being sent to the Lord Chief Justice, he said. Disciplinary action has already begun against the court staff involved. Two managers have been found guilty of gross misconduct on the basis of “neglecting official duties and failing to ensure accurate records were maintained”. Grahame Stowe, a solicitor in Leeds for 35 years, said that the blunders resulted from a “national obsession” with statistics. “The general ethos of modern justice is ‘the cheaper the better’ – with little regard for standards,” he said. “The clerks, by processing cases themselves, ensured the number of cases ‘awaiting decision’ remained low – and they met government targets. “Whilst it may appear an administrative trick, serious offenders have gone completely unpunished as a result.” Off the recordThe failings led to: — Court results not being recorded and possibly being lost for good — Removal of numerous cases where the outcomes had not been recorded from computer system — Fabrication of results, with legal advisers “guessing the result of the case where the true court adjudication could not be traced”, and entering them as convictions — In 2007 588 cases for which results could not be traced were ordered to be marked as “untraceable”. All but three were then entered as “convicted” — Some results have now been traced but there are still 523 cases for which results cannot be found