S.559 EDUCATION ACT 1996

Transcription

1 S.559 EDUCATION ACT 1996 How to make it work for you! By Ian Hart Surrey County Council

2 Prosecution? What YOU need to establish What evidence you have What additional evidence you can obtain How you can get it How you can use it National Network for Child Employment &Entertainment

3 CASE STUDY This scenario involves: - Escot Supermarket, Morrison Drive, Saint Bury. Discuss as requested National Network for Child Employment &Entertainment

4 S559 Education Act 1996 What is it? Can it help you? In what way? What do I need to know and understand so that it can help? National Network for Child Employment &Entertainment

5 S559 Education Act 1996 If it appears to a local education authority that a child who is a registered pupil at a community, foundation, voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer National Network for Child Employment &Entertainment

6 S559 Education Act 1996 a) prohibiting him from employing the child, or (b) imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child. National Network for Child Employment &Entertainment

7 S559 Education Act 1996 (2) A local education authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a [community, foundation], voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, National Network for Child Employment &Entertainment

8 S559 Education Act 1996 with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him. National Network for Child Employment &Entertainment

9 S559 Education Act ) A person who (a) employs a child in contravention of any prohibition or restriction imposed under subsection (1), or (b) fails to comply with the requirements of a notice served under subsection (2), shall be guilty of an offence.

10 S559 Education Act 1996 It s s that simple is it? Well, Yes and No, actually!!

11 S559 Education Act 1996 Attorney General - states that the prosecutor may not initiate proceedings solely as a result of information obtained by compulsion, through statute CONFUSED?! What does all that mean?!

12 S559 Education Act 1996 Can we use information gained through S.559? If so, in what circumstances? Does this affect a prosecution?

13 THE HUMAN RIGHTS ACT 1998 Can the interference of their rights be legitimately restricted? Is the interference intended prescribed by law? Is that interference proportionate to the aims of the action contemplated?

14 THE HUMAN RIGHTS ACT 1998 Right to a fair and public hearing within a reasonable period of time To have time to prepare a defence To be informed promptly, in a language that he understands and in detail, of the nature and cause of the accusation against him To defend himself through legal assistance, free if in the interests of justice. To cross examine witnesses etc. National Network for Child Employment &Entertainment

15 THE HUMAN RIGHTS ACT 1998 A A law which qualifies or restricts is compatible with Article 6 if: There is an identifiable social or economic problem that the law is intended to deal with Qualification is proportionate to the problem Are you still with me??!!

16 THE HUMAN RIGHTS ACT 1998 There is a distinction between: Compulsory production of documents or other material already in existence and Statements that he had to make under compulsion Right to silence not infringed?

17 PACE:- S.78. Exclusion of unfair evidence (1) In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given, if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. National Network for Child Employment &Entertainment

18 PACE S78 (Continued) Considering such argument a court would have regard to: - Was information demanded factual or an admission of guilt? Would the admission of the documents to the trial be proportionate to the social or economic problem identified? Remember that bit? In this case child employment law

19 Child Employment Prosecutions Council would be on strong ground in arguing:- that the information is factual AND that the public interest of ensuring that children work in a controlled, safe and regulated manner (Makes the admission of such information a proportionate response to the problem the law is intended to address!)

20 S.559 Education Act 1996 Do not complicate matters:- Serve a notice requesting information Ensure you are explicit about what it is you seek Ensure that this information will already be in existence

21 S.559 EDUCATION ACT 1996 Did we make it work for you? By Ian Hart Surrey County Council