She described her story in History on Trial, published by Ecco in 2005. [11] Since the civil partnership legislation has been fully enacted and implemented from the start of 2011,[12] gay and lesbian couples have been able to register their relationship before a registrar. Help us to improve our website;let us know Please help update this article to reflect recent events or newly available information. When reviewing a case, in which a youth under 18 is alleged to have committed an offence contrary to sections 5 to 8, prosecutors should obtain and consider: Careful regard should be paid to the following factors: If the sexual act or activity was in fact genuinely consensual and the youth and the child under 13 concerned are fairly close in age and development, a prosecution is unlikely to be appropriate. [102], On 15 March 2011, a Draft Defamation Bill (CP3/11) was published by the Ministry of Justice with an accompanying "consultation paper containing provisions for reforming the law to strike the right balance between protection of freedom of speech and protection of reputation". Asylum, age disputes and the process of age assessment, and chapter 3 of Working with Refugee Children: Current Issues in Best Practice. One effect of the HRA has been to reduce the number of ECtHR judgments finding violations against the UK, as a result of the fact that UK courts and other public authorities consider human rights more explicitly and intensively than they did before the Act. It may be necessary to explore with the police and the YOT whether certain schools are in fact accepting their responsibility in this area fully. [31] The Marriage Act 2015 (Irish: An tAcht um Psadh, 2015), passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Therefore, the state is entitled to hold the view which is espoused and evident from its laws. Lawyers say it is unlikely to be overturned. Continue to deal with the case and make any order which it could have made if he had not attained that age : section 29 Children and Young Persons Act 1963; Remit the defendant to the adult magistrates' court before trial (section 47 Crime and Disorder Act 1998) or after trial and before sentence (section 9 Powers of Criminal Courts (Sentencing) Act 2000. Enhanced Level: for youths assessed as posing a medium likelihood of reoffending or a medium risk of serious harm. While the HRA does not preclude domestic courts from diverging from the case law of the ECtHR (which they sometimes do), the Bill explicitly states that they may do so (clause 3(3)). In these two cases, the couple must generally complete an adoption process. It is essential in all youth offender cases to ensure that all of the public interest matters which give rise to the decision are clearly identified, considered and balanced. Prosecutors at court should liaise with the other CJS Agencies and in particular the Youth Offending Team. See R v Chief Constable of Kent and Another ex parte L , R v DPP ex parte B [1991] 93 Cr App R 416. Liu allegedly was the group's ringleader. Homosexuality was decriminalised in 1993, and most forms of discrimination based on sexual orientation are now outlawed. Jurisdiction of the Youth Court when defendant attains 18. It should only be exercised where: Prosecutors should usually recommend summary trial on the basis that the youth court is the appropriate tribunal for youth trials. Standard 22 National Minimum Standards for Children's Homes requires staff to respond positively to acceptable behaviour, and where the behaviour of children is regarded as unacceptable by staff, is responded to by constructive, acceptable and known disciplinary measures approved by the registered person. the police are satisfied that there is sufficient evidence to charge the youth with an offence; the youth admits the offence to the police; the police do not consider that the youth should be prosecuted or given a youth conditional caution for the offence. There would also be no harassment of gay officers and no questioning of members about their sexuality. This Guideline does not supersede the Sentencing Guidelines Council Definitive Guidelines on Sexual Offences Act 2003 and Robbery, which both set out principles to be applied for young offenders. [28] It granted same-sex couples several rights then only granted to married couples, but did not recognise children raised by same-sex couples as being their children. The case of Watt v Longsdon exemplifies this principle, and the limitations of it. However, there are certain exemptions: for example, individuals cannot rely on this provision in criminal proceedings, or matters relating to immigration, citizenship or national security. However, the Director's Guidance on Youth Conditional Cautioning (2nd Edition) explains that a record of previous offending does not automatically rule out the possibility of a youth conditional caution especially where there have been no similar offences during the last two years or where it appears that the youth conditional caution is likely to change the pattern of offending behaviour and prevent reoffending. Currently, women whose husbands die are paid a pension for the rest of their lives, while men only receive payments if they have children under 18. Government recognition of LGBT rights in Ireland has expanded greatly over the past two decades. Be a Senior Crown Prosecutor with adequate experience and appropriate skills; and. Where the requested person makes an unsuccessful appeal, extradition must take place within 28 days from the appeal decision becoming final. Factors that should be considered include; Disciplinary/behaviour policy of the Childrens home? The definition of the "main offence" includes the offence for which the youth and the adult were sent where the conditions for that sending are no longer satisfied. An example of this arose in London Artists Ltd v Littler (1969). In addition, it includes a requirement for claimants to show that they have suffered serious harm, which in the case of for-profit bodies is restricted to serious financial loss. Double Jeopardy - where the person has already been prosecuted for the same offence. None of the parties represented in the Oireachtas opposed decriminalisation. All cases involving youth offenders must be dealt with expeditiously and avoid delay, which has at its core the principle that there is little point in conducting a trial for a young offender long after the alleged commission of an offence when the offender will have difficulty in relating the sentence to the offence. [86], UK Prime Minister John Major sued several periodicals, including Simon Regan's Scallywag, and New Statesman, over stories about an alleged affair with caterer Clare Latimer; Scallywag closed afterwards. The judge argued that the Civil Procedure Rules encouraging "saving expense" and "ensuring that a case was dealt with expeditiously" supported a trial without jury. For those youths for whom formal diversion is not an option, it is still important to ensure that a prosecution is only brought in circumstances where this is a proper and proportionate response. No. The "male breadwinner" concept is not enough to justify this, the ECHR found. The National Crime Agency has identified that there is growing evidence of city-based organised crime gangs extending their drug dealing activity into new areas, many of which are coastal towns. It will cause penalty points to be endorsed on a youth's licence that could result in the licence being suspended by DVLA and the youth being required to re-take the driving test. As long as the UK remains a party to the ECHR, these obligations cannot be diluted or overridden by any change in UK law. [24] Although most LGBT advocacy groups cautiously welcomed the legislation, there had been criticisms of the proposal. an education requirement (see paragraph 25 of Schedule 1). the Sentencing Guidelines Council Definitive Guideline on Robbery and recent and relevant appellate sentencing cases; Informing the court of the aggravating and mitigating features of the offence; Providing the court with an accurate and agreed list of the youth's previous convictions, youth conditional cautions, youth cautions, warnings and reprimands. [138] PrEP can significantly reduce the risk of infection among HIV-negative people at high risk. In the south of England, this litigation rose most sharply in cases of sexual slander and were notable for the increasing number of women pursuing litigation in defence of their sexual reputation. In addition, violence is used against drug users to coerce them to become runners, enforce debts, and use their accommodation as an operating base. The criminal offences are: The maximum sentence, on conviction on indictment, for the production, supply, possession with intent to supply and import/export offences is seven years imprisonment. Under the proposed bill, individuals found guilty of performing conversion therapies could be fined up to 10,000 euros and face up to a year in prison. As Steve Peers ventures, there is no explicit reference to what would happen if the UK was deemed to fall short of its human rights commitments by amending or repealing domestic law giving effect to the ECHR, although it is possible that such a development could trigger concerns about serious and systemic deficiencies. In 1948, this Committee produced the Report of the Committee on the Law of Defamation (Cmd 7536). [52], On 21 January 2015, the government announced that a revised draft would give cohabiting couples and those in civil partnerships full adoption rights. The Government has clarified that the UK will remain a party to the ECHR. The YOS will carry out the following functions: In order to be approved as a YOS, a lawyer must: Additionally, whenever possible, specialists should be volunteers expressing an interest in dealing with youth offender cases. There is no reason why youths charged with grave crimes should not, where appropriate, be tried in the Crown Court. This means it is not likely to be debated before the House of Commons returns in September. See the proviso to section 1(1) of the Law Reform (Miscellaneous Provisions) Act 1934. The Court held that the particular features of the Crown Court trial process did not cause suffering going beyond that inevitably engendered by any attempt to deal with the defendants for the offence in question and therefore Article 3 was not contravened. By Dr Alice Donald, Associate Professor, School of Law, Middlesex University. What is the Bill of Rights Bill? In deciding to grant bail in extradition cases, the court may consider whether to impose stringent bail conditions. A civil partnership bill was presented to the Cabinet on 24 June 2009 and was published on 26 June. An appeal can only be granted if the High Court has certified the case involves a point of law of general public importance. The following trial procedure for youths with learning disabilities was laid down by the Administrative Court in R on the application of TP v West London Youth Court [2005] EWHC 2583 Admin. (s51A (2) and (3) (d) Crime and Disorder Act 1998. The decision will cost millions in backdated payments, and force the government to rewrite pension law. How would the Bill of Rights change the relationship between UK courts and the European Court of Human Rights? Many looked after children are between the ages of 14 and 17, which is regarded as the peak offending age range, In some children's homes they are likely to be living with young people who have been remanded to local authority accommodation, and may be susceptible to group offending behaviour, They may be living in accommodation far from their home, so may lack support from friends and family, Many looked after children display challenging behaviour, which may be a reaction to past experiences of abuse and neglect; and/ or have been diagnosed as experiencing Attention Deficit and Hyperactivity Disorder and Oppositional Defiant Disorder. No. Where the requested person is a witness or a suspect in a domestic investigation, or is subject to confiscation proceedings, the extradition process cannot usually be delayed and will go ahead. The youth will be invited to indicate a plea before the court decides whether a joint trial is necessary "in the inter2sts of justice" where the youth is: Where the youth does not indicate a guilty plea, the court shall send the youth for trial if it is "in the interest of justice" to do so. If there is no real prospect of such a sentence the youth should be remitted for trial in the youth court. The book was first published in America in 1993 (. On 25 April 2013 the Defamation Act 2013 was enacted. In a consultation considering personal injury damages the Law Commission commented that: The disparity between the sums of compensation awarded offends the proper relationship which ought to exist between pain, suffering and loss of amenity on the one hand and loss of reputation and injury to feelings on the other. Sections 64 and 65 Sexual Offences Act 2003 make it an offence for a person aged 16 or over to penetrate or consent to penetration by a family member who is aged 18 or over. 'The Spanish government knew about the situation in China,' Jing-Jie Chen of the Madrid-based human rights group Safeguard Defenders told VOA. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. the existence of and nature of any relationship; the sexual and emotional maturity of both parties and any emotional or physical effects as a result of the conduct; whether the child under 13 in fact freely consented (even though in law this is not a defence) or a genuine mistake as to her age was in fact made; whether any element of seduction, breach of any duty of responsibility to the girl or other exploitation is disclosed by the evidence; the impact of a prosecution on each child involved. However, as some commentators note, the Bill would weaken human rights protection in the UK in several ways. They may involve verbal persecution and abuse, physical assault or the threat of it, or even the degradation or humiliation of the victim. The JCHR says this provision would be an undesirable regression in rights protection. Prosecutors should consider all of the aggravating and mitigating features when deciding on the appropriate outcome. Corporal punishment, deprivation of food and drink and punishing a group for the behaviour of an individual may not be used as a disciplinary measure, and financial penalties are restricted to the imposition of a reasonable sum, which may be paid by instalments, by way of reparation (Rule 17 CHR 2001). [79] The Court of Appeal ordered Baba Jeet Singh to pay 250,000 as security for the costs of the proceedings; however he failed to do so and the case was ultimately struck out. These have to be "fair and accurate"; as Lord Denning stated in Associated Newspaper Ltd v Dingle, if the writer "garnishes" and "embellishes" such reports with any form of circumstantial evidence, the defence cannot apply. [30] The measure was signed into law by President Michael D. Higgins as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. In most cases where a non-serious specified offence is charged, an assessment of dangerousness will not be appropriate until after conviction, when, if the dangerousness criteria are met, the defendant can be committed to Crown Court for sentence a procedure with which the Crown Court has, for many years, been familiar. citing various awards including: 350,000 in John v MGN [1992]; 200,000 Donovan v The Face Magazine [1993]; and 600,000 Sutcliffe v Private Eye [1989]. For example, the Bill instructs courts not to have regard to any interim measure issued by the ECtHR. For general guidance on mentally disordered offenders refer to Mentally Disordered Offenders elsewhere in the Legal Guidance. A referral to a domestic prosecutor must only be made where the Extradition Unit believes: If these criteria are not met, then no referral should be made, and a prosecutors belief need not be sought. A is liable for saying anything to C about B which would be apt to make the average citizen think worse of the latter. These groups should be responsible for the implementation of youth justice initiatives. However, in John & MGN Ltd [1997] QB 586, the Court of Appeal laid down rules to constrain the jury's discretion, and give more comprehensive advice before juries decide. The Irish courts first dealt with the case of same-sex marriage in the case of Foy v. An t-Ard Chlraitheoir & Ors. They often settled out of court. . Liu then applied to the European Court of Human Rights, whose rulings take precedent over domestic courts. Where such a request is agreed, the judge will make any necessary orders and directions to give effect to this and extradition proceedings will be adjourned if appropriate. For guidance on extradition to the UK, see the Guidance on Extradition to the UK. Irish law only allowed gay people to adopt children as individuals, while allowing same-sex couples to jointly foster. [60] The bill would amend the Adoption Act 2010 and the Children and Family Relationships Act 2015 and give legislative effect to the Thirty-first Amendment of the Constitution of Ireland (the children referendum). If a law cannot be read and given effect in a way that is compatible with the ECHR, all a court can do is issue a declaration of incompatibility, signalling to ministers and Parliament that it needs to be changed. Whether a substantial measure of the requested persons relevant activity occurred in the UK will usually be exclusively a question of fact, which will be determined by the court. If this pre-condition is not satisfied, then the bar cannot operate in that case (Jaroslav Atraskevic v Prosecutor General's Office, Republic of Lithuania [2015] EWHC 131 (Admin)). (Close date: 15 June 2011)[103], On 6 March 2013, a number of British authors and playwrights wrote an open letter to the leaders of the three biggest parties in the House of Commons, David Cameron, Nick Clegg, and Ed Miliband, calling them to ensure the Defamation Bill was passed. However, the overriding purpose of the legislation is to protect children and it was not Parliaments intention to punish children unnecessarily or for the criminal law to intervene where it was wholly in appropriate. The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases. [89][90] Dead individuals cannot raise charges of defamation under English law. It is not intended to apply to all offences committed by looked after children; although some of the principles may be helpful when applying the public interest stage of the Full Code Test to offences committed outside the home. Sign up now to keep the libel laws out of science! GOV.UK is the place to find All advocates conducting these cases must have a rape specialism and should also have a youth specialism. Answer: The District Judge should not have stayed the proceedings at the outset as he did without considering the alternative of allowing the trial to proceed while keeping Ps situation under constant review. Conviction in absence in cases where a person has been convicted in their absence, without their knowledge, and where they are not entitled to a retrial if returned. The judge in this case denied the defendant a right to trial by jury, despite various arguments from the defence including: public interest due to the subject matter of the case; and the public role held by the claimant as a senior member of parliament, deeming arguments from case law ill-founded due to changes to underlying legislation. As to evidence of other damages recovered by the plaintiff, see section 12 of the Defamation Act 1952. Abortion Vote Stuns Those on Both Sides", "Ireland Votes to Approve Gay Marriage, Putting Country in Vanguard", "The Irish state will now accept trans people's own declaration of their gender", "Family Values: 54% would be willing to help a relative die", "Poll: 73% of public back allowing same-sex marriage in Constitution", "Overwhelming Majority Support Gay Marriage in Ireland", "Increased support for gay marriage Survey", "Poll: Three-Quarters In Favour Of Gay Marriage", "Civil partnership bill backed by Irish politicians", "Civil unions will have to wait until 2011", "Ahern announces commencement of Civil Partnership and Cohabitants Act", "First civil partnership ceremony for same-sex couple", "First Irish public civil partnership services", "Final text of the Children and Family Relationships Act 2015", "Leo Varadkar, gay son of Indian immigrant, to be next Irish PM", "NORRIS v. IRELAND 10581/83 [1988] ECHR 22 (26October 1988)", "Nash secures Government backing for apology to men convicted under 'draconian laws', "Leo Varadkar apologises to people convicted of homosexual activity on behalf of Government", "Taoiseach pays tribute to homosexuals who were criminalised in past", "Civil partnership expected to fail lesbian and gay community " News " MarriagEquality Civil Marriage for Gay and Lesbian People in Ireland", "GLEN / Gay and Lesbian Equality Network / Home", "Same-sex marriage will be possible from November", "President signs same-sex marriage into Constitution", "Same-sex marriage legislation passes all stages in Oireachtas", "Bill allowing for same-sex marriage signed into law", "Foy v. An t-Ard Chlaraitheoir & Ors [2002] IEHC 116 (9July 2002)", "Foy -v- An t-Ard Chlraitheoir & Ors [2007] IEHC 470 (19October 2007)", "Foy v. An t-Ard Chlaraitheoir & Others 2007 IEHC 470", "VOTE YES | Marriage Equality Referendum 22 May 2015 | Fine Gael", "Fine Gael launches campaign for Yes vote in Marriage Equality Referendum", "Press releases " Media centre " The Labour Party", "Chastened Soldiers of Destiny begin the march to renewal and reform", "Recognition of same sex marriage long overdue | Sinn Fin", "Pride 09 Full Same Sex Marriage Rights Now! Rape of a child under 13 (section 5), assault of a child under 13 by penetration (section 6) and causing or inciting a child under 13 to engage in sexual activity that involves penetration (section 8) are indictable only offences with a maximum sentence of life imprisonment. It is a further policy of the legislature that, generally speaking, first time offenders aged 12 to 14 and all offenders under 12 should not be detained in custody and decisions as to jurisdiction should have regard to the fact that the exceptional power to detain for grave offences should not be used to water down the general principle. Among other things, it requires plaintiffs who bring actions in the courts of England and Wales alleging libel by defendants who do not live in Europe to demonstrate that the court is the most appropriate place to bring the action. On 10 November 2009, English PEN and Index on Censorship launched their report into English libel law entitled "Free Speech Is Not For Sale". a fostering requirement would assist in the offenders rehabilitation. Ireland also forbids incitement to hatred based on sexual orientation. a residence requirement (see paragraph 16 of Schedule 1). In all cases involving a grave crime, the magistrates should be invited to consider the question of venue. [14] The Minister for Justice signed the commencement order for the act on 23 December 2010, and it came into force on 1 January 2011. App. In many cases of libel tourism, plaintiffs sued in England to censor critical works when their home countries would reject the case outright. The Bill also provides that courts must give great weight to the importance of freedom of speech (clause 4), which is protected under the ECHR.. [121][122] He also appeared on TV3's Ireland AM show to speak about his case. The court confirmed that it is only in exceptional cases that the youth court should exercise its power to stay proceedings before hearing any evidence on the substantive issue. All possible steps should be taken to assist a vulnerable defendant to understand and participate in those proceedings. In 1990, McDonald's Restaurants sued David Morris and Helen Steel (known as the "McLibel Two") for libel. Earlier Extradition from Territory / by the International Criminal Court ('ICC') - where the requested person was previously extradited to the UK from another country, or by the ICC, to serve a custodial sentence and no consent has been given by that country or by the ICC President for further onward extradition (note this consideration is for the judge under Part 1 and for the Secretary of State under Part 2). Where anyone is brought before any court and it appears that they are a child or young person, the court shall make due enquiry as to their age, and the age presumed or declared by the court is deemed to be their true age: section 99 Children and Young Persons Act 1933 and section 150 Magistrates' Courts Act 1980. If the looked after child wishes it to be considered, information about the local authoritys assessment of his/her needs and how the placement provided by the Home is intended to address them. We will not sell or distribute your email address to any third party at any time. [58][59] He claimed that "his reputation as an historian was defamed". Ireland is notable for its quick and drastic change in attitudes and public perception toward LGBT people, homosexuality and same-sex relationships. "The aim of science is not to open the door to infinite wisdom, but to set a limit to infinite error", Bertolt Brecht wrote in The Life of Galileo. Fine Gael,[41][42] the Labour Party,[43] Fianna Fil,[44] Sinn Fin,[45] the Socialist Party,[46] and the Green Party[47] all support the right of marriage for same-sex couples. Embed share 'Landmark' Court Ruling Blocks European Extradition to China Embed share The code has been copied to your clipboard. It came into effect immediately. (paragraph 22.15 National Minimum Standards for Children). Alternative options, including restorative interventions, Acceptable Behaviour Contracts and internal sanctions such as school disciplinary measures may be available, and sufficient to satisfy the public interest without a prosecution and the statutory duty to prevent offending (section 37 Crime and Disorder Act 1998). The Bill of Rights Bill would prevent UK judges from interpreting Convention rights in ways that create positive obligations on public authorities (clause 5). There are 3 intervention levels: Standard Level: for youths assessed as posing a low risk of reoffending and a low risk of serious harm. The Oireachtas (Irish Parliament) decriminalised male homosexuality five years later, when the Minister for Justice, Maire Geoghegan-Quinn, in the 19921994 Fianna FilLabour Coalition Government included decriminalisation with an equal age of consent (an equal age of consent was not required by the ECHR ruling) in a bill to deal with various sexual offences. The origin of modern policing can be traced back to 18th century France.By the 19th and early 20th centuries, many nations had established modern police departments.Early records suggest that labor strikes were the first large-scale incidents of police brutality in the United States, including events like the Great Railroad Strike of 1877, the Pullman This judgement significantly reduced the level of subsequent libel awards. At paragraphs 6.21-6.30, the guidance sets out the approach to be followed when deciding whether it will be appropriate to prosecute or administer a reprimand or final warning to a child involved in prostitution. The Bill adds that domestic courts must, among other things, have particular regard to the text of the Convention right and may have recourse to the preparatory work of the Convention, i.e. The reasons for the charging/diversion decision should be clearly recorded and show the factors that have been considered by a youth specialist to determine how the public interest is satisfied. The court held that an application for judicial review could be successful if the decision to prosecute was made without any or sufficient inquiry into the circumstances and general character of the accused. Then 41, he quit his job to care for their two young children and was supported by a widower's pension, local media reported. A consequence of this change is to stop less serious cases coming to court. Adjourn extradition proceedings until that sentence has been served. If the incident has taken place outside school but is connected to conduct occurring at school the same information described above is relevant. The minimum requirements for a fair trial are that: A trial should not be abandoned before all practical steps to overcome the difficulties have been exhausted. Reports and remarks of Parliamentary proceedings, as well as reports of judicial proceedings attract qualified privilege. Read about our approach to external linking. Where the youth appears on a subsequent occasion, he may be sent for trial for any indictable or summary offence (punishable with imprisonment or mandatory or discretionary disqualification from driving) that is related to the grave crime. [90][91] The Sunday Mirror neglected to publish a story in 1994 regarding two of his alleged victims (who did not want to be named at the time) because its lawyers were worried about the costs of a libel trial. The removal of a right to trial by jury was enforced in the case Yeo MP v Times Newspapers Limited [2014]. [64] Lipstadt spent five years defending herself. London - All extraditions to China from Europe could be blocked after a recent ruling by the European Court of Human Rights (ECHR), in a judgment that campaigners described as a landmark decision with global ramifications. (R v Ghafoor [2002] EWCA Crim 1857). It is regularly updated to reflect changes in law and practice. Polish judges approved his extradition to China, a ruling later upheld by Poland's Supreme Court in 2018. Courts powers to interpret laws to make them compatible with Convention rights would be removed.. As a consequence of the decision of the European Court, Bingham LCJ issued a Practice Direction addressing the arrangements which should be made for the trial of children in the Crown Court (Practice Direction: (Crown Court: Trial of Children and Young Persons) (2000) (Archbold 4-96a). These include the obligation to secure to everyone in their jurisdiction the rights and freedoms in the Convention, and to abide by final judgments of the ECtHR in any case against them, i.e. Lt. Gen Bergin pointed out that the Army does not ask potential recruits about their sexual orientation, and that they had few problems in the past in this area. A defence of fair comment can fail if the defendant shows malice, as in Thomas v Bradbury, Agnew & Co. (1906); the defendant not only criticised the claimant's book but made many personal slurs against the author, invalidating the defence. A youth will be asked to indicate a plea (section 24A(6) Magistrates' Courts Act 1980), and may be committed for sentence following an indicated guilty plea, if the youth court considers that there is a real prospect of a custodial sentence of or in excess of 2 years (section 3B Powers of Criminal Courts (Sentencing) Act 2000). However the Defamation Act 2013 added a requirement that the claimant show "serious harm" was caused or was likely to be caused to the claimant's reputation, adding a significant burden of proof upon the claimant.[34]. And contrasting these with a payment "in the region of 35,000 to 50,000" for "a person who loses a leg through amputation". (a) a prison; The court does not consider that a Detention and Training Order, Absolute Discharge or Hospital Order is appropriate. 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