Annika’s Diary # 9
Since my last Blog I have began training in a new area of Law: Criminal Law. I am now Police Station Representative registered and I am a ‘Probationary Police Station Representative’. This means that I am currently shadowing our Criminal Solicitors when they represent a client at the police station both in and out of office hours. I have attended the Police Station on three occasions in the last week, both in and out of office hours. The matters I have experienced so far include allegations of criminal damage, assisting an offender and possession of class B drugs with intent to supply.
In order to become a qualified Police Station Representative you must accumulate significant experience of representing client’s at the police station and advising them on interview and other police procedures. There are two assessments that must be passed: A written Portfolio consisting of 9 Case Reports and a Critical Incidents Test.
I have also encountered new experiences within Family Law. Up until now I have dealt with client’s who wish to be make applications for Harassment Orders or Non Molestation Orders against other individuals. However, I have recently represented a client who is a Respondent in an application for a Non Molestation Order. Originally the client was the Applicant however the Respondent attended the return hearing and contested the Non Molestation Order, in addition to this they also made a cross application for a Non Molestation Order against our client. The purpose of a contested hearing is for the Court to make findings; as a result of this the hearing can include evidence from the police, witnesses and experts. Such witnesses and experts may be cross-examined by Counsel and the judge will ultimately make a decision of the conflicting information given by the Applicant and the Respondent.
I have continued to practice my drafting skills by drafting an Undertaking in a Family Matter. An Undertaking is a promise made to the Court by either the Respondent or the Applicant. An Undertaking is not always suitable. However they are useful in certain family matters. An Undertaking may be an alternative to the contested hearing procedure outlined above. If parties cannot agree on a Court Order they may agree to an Undertaking, which is then approved by a Judge and sealed by the Court.
Despite matters going to Court and being settled within Court, sometimes client’s can still encounter problems dealing with the small issues that surround a Judge’s decision. As I have previously ‘blogged’ this may include collection and return arrangements for contact with children, contact during school holidays or contact between children and other family members. However, I have recently liased between a couple regarding a shed that remains at the former matrimonial property but is not owned or wanted by the party residing there. It is always in the best interests of the parties and any children of the family if the parties are able to discuss these issues and reach a resolution themselves, however this is not always possible and the fine lines need to be ironed out by the parties’ legal representatives.