Sexual Offence Act Abusing a position of trust - Free Essay Example

Sample details Pages: 3 Words: 952 Downloads: 10 Date added: 2017/06/26 Category Law Essay Tags: Sexual Harassment Essay Did you like this example? Objective The issues of importance here are the fact that Andrew was intending to have sex with Belinda a 17 year old girl. It is possible, as Belinda’s Tennis Coach that Andrew is in a position of trust and therefore may be guilty of an offence under the Sexual Offences Act 2003. The Sexual Offences Act makes it an offence to abuse a position of trust by intending/inciting to have sexual relations with a person aged between16-18. Report Under Section 17 of the Sexual Offence Act 2003 it is an offence to:- A person aged 18 or over (A) commits an offence if he intentionally causes or incites another person (B) to engage in an activity, the activity is sexual, A is in a position of trust in relation to B where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13. This subsection applies where A- is in a position of trust in relation to B by virtue of circumstances within section 21(2), (3), (4) or (5), and is not in such a position of trust by virtue of other circumstances. (5) A person guilty of an offence under this section is liable- Don’t waste time! Our writers will create an original "Sexual Offence Act: Abusing a position of trust" essay for you Create order on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both; on conviction on indictment, to imprisonment for a term not exceeding 5 years The categories of position of trust are defined in Section 21 of the Sexual Offence Act 2003: (7) This subsection applies if A is engaged in the provision of services under, or pursuant to anything done under- sections 8 to 10 of the Employment and Training Act 1973 (c. 50), or section 114 of the Learning and Skills Act 2000 (c. 21), Positions of trust are defined in Section 22 of the Sexual Offence Act 2003 A person receives education at an educational institution if- he is registered or otherwise enrolled as a pupil or student at the institution, or he receives education at the institution under arrangements with another educational institution at which he is so registered or otherwise enrolled In relation to sports coaching specifically there has been a consultation paper. During the debates in the House of Lords, it was suggested that sports coaches be brought into the offence. However, the government took the view that this would not be an appropriate course of action and, again, only public sector circumstances are included[1]. The government believes adults in the public sector play a particularly powerful role in relation to the care and control of the child, and can influence that childs future. But the government does not believe a coach has a special influence over his trainee, and that in particular coaches relationships with 16- or 17-year-olds were unlikely to amount to being in loco parentis since young people are free to enter or leave the relationship and seek the help and advice of other adults[2]. Review of The Research There now exists a situation in which it is illegal for a school teacher to have a sexual relationship with any of his or her pupils aged under 18. However, it is not illegal, nor considered inappropriate, for that same teacher to have a sexual relationship with any 16- and 17-year-olds he or she coaches, provided they are not pupils of his or her school[3]. A relationship of trust is defined in the governments 1999 guidance paper, Caring for Young People and the Vulnerable?, It is defined as one in which one party is in a position of power or influence over the other by the nature of their activity, and the other party is particularly vulnerable. This vulnerability could therefore occur through age or in circumstances where the individual in the position of trust has the power to confer advancement or failure of a particular kind. Whether relationships between coaches and their trainees are brought into the scope of the offence of abuse of trust, or the situation is remedied for some organisations by the introduction of the UKCC, a licensed coach who uses his or her position of trust to manipulate a yo ung athlete into a sexual relationship must face the prospect of losing his or her licence to coach. The guidance states that because of the imbalance of power in such a relationship, allowing [it] to develop in a way that might lead to a sexual relationship is wrong. A sexual relationship itself will be intrinsically unequal in a relationship of trust and is therefore unacceptable. It is also inappropriate since the professional relationship of trust would be altered Advice The consultation process in relation to the implementation of the Sexual Offences Act 2003 is now closed and this is being considered. Therefore it is not an offence at the moment per se for a sports coach to â€Å"incite† sexual relations with a person between the ages of 16-18 if coaching them for sport. However it may be that this falls into the category of education and as an abuse of a position of trust and Andrew could be guilty of this offence, by purchasing the condoms and intending to have sex with Belinda. If he is guilty of an offence he will on summary conviction, be sent to prison for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both or on conviction on indictment, to imprisonment for a term not exceeding 5 years. Time Taken:3 1/4 hours 1 Footnotes [1] Hansard, 2 June 2003, cols 1149-1153 [2] Consultation on the Scope and Implementation of the Sexual Offences Act 2003 in Relation to Sports Coaches, p 5 [3] www.culture.gov.uk/sport/coaching.htm

Astronomy Essay - 1029 Words

One thing us as humans have never been able to fully understand is astronomy. Always having an unexplained mystery, astronomy also has served as a way to keep time and predict the future. The word â€Å"astronomy† is defined as the study of heavenly bodies, meaning anything in the sky such as stars, galaxies, comets, planets, nebulae, and so on. Many people, if not everyone, is amazed by the night sky on a clear, moonless night. nbsp;nbsp;nbsp;nbsp;nbsp; Astronomy dates back to ancient times when peoples such as the Babylonians, Egyptians, and Chinese kept written records of astronomical events and occurrences. Today’s seven day week originates from the Babylonians’ seven important bodies in the night sky: the Sun, Moon, Mars, Mercury,†¦show more content†¦nbsp;nbsp;nbsp;nbsp;nbsp; A wide array of instruments is used to observe heavenly bodies today. These instruments include optical telescopes which are used to magnify objects that emit visible light. Some celestial bodies are very difficult or impossible to see with optical telescopes. To see these, we use radio, X-ray, ultraviolet, or infrared instruments. An advantage of radio astronomy is the fact that radio waves aren’t stopped by the sun or clouds, therefore the stars can be observed at any time. nbsp;nbsp;nbsp;nbsp;nbsp; Our own solar system today is thought to have formed from a large, single cloud of dust and gas. The center of the cloud became dense enough and created enough energy from contraction to spark a nuclear reaction, forming the Sun. The remaining dust and ice in the cloud formed into the nine planets we know of today. Other objects within the solar system include comets, asteroids, meteorites, interplanetary dust and plasma. nbsp;nbsp;nbsp;nbsp;nbsp; Any star that we can see belongs to our own galaxy, the Milky Way. Stars do not exist outside of galaxies in empty space, rather in galaxies which are groups of billions of stars orbiting the center of the galaxy (Fradin 140). Every star has a color ranging from red to blue-white. These colors tell us many things about each star. Also, a star’sShow MoreRelatedThe Physics Of Astronomy And Astronomy1193 Words   |  5 PagesAstronomy has always been a mind blowing factor of our existence. However, it s not just humans doing all the work, it also the instruments. One of the instruments would be telescopes. There are many different telescopes used in astronomy, most of which are massive, and have special qualities. Although they all have great features and are well working instruments, they need innovations sometimes. Over the years they have discovered mind boggling objects, and they are still looking. 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I chose a career in astronomy because I have always been fascinated by space and how the universe works. It is extremely important to understand education or training requirements, skills or talents neededRead Moreastronomy paper862 Words   |  4 Pagesï » ¿University of Phoenix Material Basics of Astronomy Worksheet Complete the table based on the readings for this week: Ch. 1–4 of The Essential Cosmic Perspective. Term or concept Definition and explanation The Universe 1. What is Earth’s Sun, and what is its role in the solar system? 2. What is the Milky Way galaxy and the sun’s position in it? 3. What is the Big Bang, and what does it say about the age of the universe? 4. What is meant by the phase â€Å"looking out in the universe

Nike Ppt Free Essays

â€Å"Greeks say when we go to battle and win,we say it is NIKE† INTRODUCTION TO NIKE †¢ Est. in 1960 in Oregon †¢ Phil knight and Bowerman- founder †¢ Started small and now has covered U. S and international markets †¢ Nike is now one of the biggest mfd. We will write a custom essay sample on Nike Ppt or any similar topic only for you Order Now Of the world BACKGROUND †¢ Most of the factories are located in Asia including Indonesia,China,Taiwan,India Thailand,Veitnam,Pakistan ,Philippines and Malaysia †¢ Nike outsourcing contracts around 500 factories in 45 countries. Nike currently controls more than 45% of the US sportswear market. Background cont. †¢ The company initially operated as a distributor for Japanese shoe maker Onitsuka Tiger, making most sales at track meets out of Knight’s automobile. †¢ The company’s profits grew quickly, and in 1966, BRS opened its first retail store, located on Pico Boulevard in Santa Monica, California. By 1971, the relationship between BRS and Onitsuka Tiger was nearing an end. ANALYSIS OF CASE STUDY †¢ Child labour †¢ Not satisfying customer needs †¢ Ignorance of mkt. trends Accusations In 1996-1997, Nike was accused of labor violations and human rights abuses in foreign countries (mainly Asian). Contrary Evidences †¢ Thousands of mostly young, female workers in Southeast Asia (Indonesia, Vietnam, China) were being exposed to reproductive toxins and suspected carcinogens. †¢ Some workers were not earning a â€Å"living wage† even though they work oftentimes 12 to 14 hours per day. †¢ Nike workers in Southeast Asia have suffered corporal punishment and corporal abuse. †¢ Nike young female workers have suffered sexual harassment. Nike workers in Southeast Asia have been forced to work overtime in violation of applicable laws. Core issue of Nike NIKE PRATICES CHILD LABOUR †¢ Children are not only the easiest to intimidate, they’re also the cheapest workers. Twelve-year-old Tariq, one of thousands employed in Pakistan’s soccer ball industry, which produces five million balls a year for the U. S. market, stitches leather piec es in Mahotra. He earns 60 cents a ball, and it takes most of a day to make one (Schanberg, 1996: 38). Silgi is only three. Her hands are so tiny she can’t handle a scissors. But she started stitching soccer balls recently to help her mother and four sisters. Together they earn 75 cents a day working in their shanty home in Jullundur, India (Sidebar to Life Magazine Story, p 41 NOTE: There is a photo (Source) of a young girl dressed in town and soiled clothing next to the soccer ball clutching a needle and thread. The needle is longer than her fingers. †¢ CONSEQUENCES Nike executives have been targets at public place †¢ Students have pressed administrators and athletic directors to ban products that have been made under â€Å"sweatshop† conditions †¢ In 2002 an individual sued Nike, alleging that the company knowingly made false and misleading statements in its denial of direct participation in abusive labor conditions abroad. REMEDIES †¢ Nike defended, through corporate news releases, full-page ads in major newspapers, and letters to editors †¢ Nike gave $1. million to the Washington D. C. based Fair Labor Association (FLA) †¢ In 2003, company employed 86 compliance officer †¢ But stigma of past practices remains emblazoned on its image and brand name. Nike’s Responses †¢ Nike responded with†¦ – Press releases – Letters to the newspaper – Personal letters to university presidents and athletic directors – Campus Visits – Independent audit of factories – Speak at conferences COMPILED BY AKRITI JHA DEEPTI SINGH TRIPTI SINGH How to cite Nike Ppt, Papers

Caribbeans Final Court of Appeal free essay sample

The objective of the CCJ was to provide for the Caribbean community an accessible, fair, efficient, innovative and impartial justice system built on jurisprudence reflective of our history, values and traditions while maintaining an inspirational, independent institution worthy of emulation by the courts of the region and the trust and confidence of its people. However, like any other objective, there are both advantages and disadvantages that accompanies it. After careful analysis on this matter, there are a number of advantages that can be explored. These include: the legal and social landscape of the Caribbean, our independence, the comparatively cheaper expense of the CCJ as oppose to the Privy Council and leaving a legacy for our future generation. Having an established CCJ is seen as a better alternative to the Privy Council because the judicial personnel of the CCJ would be more aware of the legal and social landscape of the Caribbean and would be in a better position to rule more effectively on legal matters. It is believed that judges who are present in the final courts that play a role in the decision making of the case, should be knowledgeable of that country’s rules and regulations, and should also be knowledgeable of what is happening in the country and rule with such things in mind. Do you think that the Lords of the Privy Council would actually know the present situation of your country better? No! They would just base their decisions excluding the constitution precepts of the nation in question. Lord Griffin was quoted as saying: â€Å"The local courts with their knowledge of local conditions are far better equipped to embark on the analysis of the fact and the evaluation of the needs of the parties and are essential to arriving at a fair decision. † Based on those comments, one can clearly conclude that even the judges of the Privy Council concur because they understand that they are not well quipped to make certain judgments in the manner as the local courts. Additionally, a statement was made by Lord Bingham in which he admitted that the local courts would be better off in dealing with these matters, and he stated: Surratt v A. G of Trinidad and Tobago â€Å"To the extent that the answer to the present problem is doubtful, weight should be given to the judgment of Trinidad and Tobago courts. A judge sitting in a local constitutional environment, in which he has grown up and with which he is familiar, is likely to have a surer sense of what falls within the purview of the constitution and what falls beyond, than a court sitting many miles away†¦Ã¢â‚¬  Furthermore, Francis Jacobs Privy Counselor and former Advocate General of the European Court of Justice had this to say: â€Å"A supreme court of high calibre has been established in the Caribbean which would be able to†¦develop a modern Caribbean jurisprudence in an international context†¦ All possible steps should be taken to encourage the Caribbean to accept the jurisdiction of their own supreme court†¦Ã¢â‚¬  Independence as quoted from the Webster’s Encyclopedia English Dictionary, is defined as: â€Å"the state or quality of being free from influence, control, or determination of another or others. The main purpose of the CCJ in the Caribbean is for us, as Caribbean people, to have our own court so we cannot be dependant on others. Many Caribbean islands are no longer British colonies, but it is strange that they still feel comfortable being dependant on an institution of the same colony from which they became independent, to administer final steps of justice. That is a slap in the face to our ‘independence’! According to Douglas Mendes: â€Å"You cannot†¦call yourselves independent if you go to a foreign court as your final court of appeal. † Similarly, Dr. Francis Alexis, Attorney General Of Grenada, stated that the CCJ: â€Å"†¦would promote our sense of self confidence and would be a complement to the political independence for which we have fought. The whole aspect of the CCJ was to give Caribbean people a voice and a chance to embrace their independence, but how can this be accomplished if we keep giving it to the Privy Council? Let us draw our attention to the financial aspect of this matter. If the CCJ is to be put to use, it would be funded by its own Caribbean people. We would not have to depend on the funds of other nations that may later withdraw and enforce bias decision making in our court. Furthermore, just imagine having to pay an enormous amount of money just to travel to the UK for settlement to a case. What is the sense when the case could have been settled in the CCJ? The whole point of the matter is that trying a case in the CCJ would never amount to the price of the Privy Council. Moreover, the CCJ will give us a sense of well being. It is seen as a pathway for our future generation. It would also be a necessary institution for our upcoming potential lawyers because it would provide recognition and success. Additionally, we are living in an era where youths are no longer comfortable swallowing the status quo, and they constantly question the actions of these high positions. Consequently, it is critical that in this juncture of our development as a Caribbean people, we establish practicable institutions that would provide opportunities for the future generation. On the other hand, although there are a number of advantages in making the CCJ a final appellant court for Caribbean nations, there are also equal disadvantages. The stance on this matter includes: the cost involved in the establishing and operating another bureaucracy, the bias in the CCJ courts, the political interference as well as the unjust rulings. It is postulated that the long term financing of the CCJ may be very problematic. In a region that is still regarded as ‘developing’ and where problems of devaluation, and the everyday struggle of recession, that is presently slapping us in the face, the question of financing a court at this magnitude is not feasible. Furthermore, it is in the minds of people, that with the present political atmosphere in our region, the replacement of the Privy Council by the CCJ is only a recipe for destruction. They fear that if the CCJ stands as the final court of appeal in this region, that there may and will be political interference in our courts. It is of the belief that it will not be easy for the judges, being as human as they are, to ignore their political stance when reaching the final verdict in a case. This may result not only to a bad or an unjust ruling but chaos may also arise in the region. There is also an atmosphere of bias where the CCJ is concerned. As humans, we are entitled to our own beliefs. Arguments have arose that if the CCJ was to be the Caribbean’s final court of appeal, that it is a must, that not only bias but prejudice may reign in our courts. This may arise from different Caribbean countries feeling that they are better than some or it may arise from the revenge that countries may want to distribute on other neighboring islands for some reason or the other. Whereas if the Privy Council was the final court of appeal instead of the CCJ, the Lords in the Privy Council will be free from all bias whatsoever, reason being that they only arrive at a verdict with the evidence they were shown. In closing we see the advantages in having the CCJ as a final appellant court as oppose to the Privy Council with reference to the legal and social landscape of the Caribbean, our independence, the comparatively cheaper expense of the CCJ as oppose to the Privy Council and leaving a legacy for our future generation. On the other hand, some may argue that it is seen as a disadvantage because of the cost involved in the establishing and operating another bureaucracy, the bias in the CCJ courts, the political interference as well as the unjust rulings. Shaqueilla Samuel