Can schools confiscate and dispose of a mobile phone?

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BlackBeltBarrister

BlackBeltBarrister

Күн бұрын

Пікірлер: 713
@trashman1358
@trashman1358 Жыл бұрын
This video perfectly demonstrates why I never became a barrister... Which subsection ZBD, paragraph relating to 347C... Who did what to what now??? I'm sorry, I've forgotten what we were taking about...??? What's the topic again... What the hell just happened??? Is everyone ok??? 🤣😂🤣
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
One of the best comments I’ve had on this channel, well done! 😂
@robertbrown1778
@robertbrown1778 Жыл бұрын
@@BlackBeltBarrister This has always perplexed me; how it is that legal bods keep track while going down the rabbit hole of subsections. Do they carry it in their mental RAM or have a system of note keeping that somehow unravels it all by the end?
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
@@robertbrown1778I’ve heard it termed “barrister brain”! It also refers how we forget 95% of the details of a case 5 minutes after leaving court, but then they flood back when prompted of just one or two details of it. Bizarre!
@Rapscallion2009
@Rapscallion2009 Жыл бұрын
The bit that puzzles me is I can't remember a detail from a task I did years ago. It might be a person's name, a technical thing or the underlying logic behind a decision or anything really. I know I know it, just can't quite recall it right now for the life of me. I call it a "mental 404". Hours later I'm trying to get to sleep or taking a shower or making dinner and >PING!< it's back from long term storage. Oh, Yessss! That's right! Then over the next while other details are retrieved unbidden from memory - including irrelevant peripheral data I have no explanation for memorising in the first place. Often reading or recalling a few details of the task will induce detailed recall - I think it gives my subconscious (which is the really clever part - the conscious mind just smiles and takes all the credit!) a pattern or reference of some sort to look for in long-term storage. I'm not sure you ever really forget anything unique. I suspect you just stop thinking about it. Last night's dinner at home you barely recall, but your first date years ago is pin sharp.
@janburn007
@janburn007 Жыл бұрын
@@Rapscallion2009 It's been quite a well-known fact for some time now, that when one's memory declines - it is the "short term memory" which declines first. Which means that it is increasingly difficult to remember things which happened just yesterday, while those which might have happened 20 years or more ago, can still be easily recalled.
@margaretnicol3423
@margaretnicol3423 Жыл бұрын
Call yourself a barrister? How dare you read out the actual law as it is written and expect me to agree with it when it's not the way I want the law to be written!!! Ho Hum!
@barbsdee3831
@barbsdee3831 Жыл бұрын
😂😂😂
@maverick627uk
@maverick627uk Жыл бұрын
"Having a bad day/life" people trying to find purpose and meaning. Don't bother giving them the response they crave. You do a great job and provide a great service 😉
@Oldmanpeace
@Oldmanpeace Жыл бұрын
It is good content to make some cash and raise profile from a content creation point of view. Considering this is a person with £60k's worth of legal training then I would say this is a win/win. If I ever found myself in a legal predicament and I needed legal council from a trusted source I would think of him as someone who could point me in the right direction of someone ethically trustworthy. Guess its working.
@JD-cw4qg
@JD-cw4qg Жыл бұрын
Yep, totally agree. Don't give them the airspace. So not worth it. Keep up the great work 👍🏴󠁧󠁢󠁷󠁬󠁳󠁿
@statementleaver8095
@statementleaver8095 Жыл бұрын
Clearly it's a Teacher. Ofcourse BBB has received a link.........Copy&Paste is all a Teacher knows. Gov states "those who teach enjoy" In reality it's Stress and Depression
@mercedesblack7828
@mercedesblack7828 Жыл бұрын
@@statementleaver8095 Probably his boss...
@paulwalton1222
@paulwalton1222 Жыл бұрын
I agree. No one likes a smart arse.
@tttt4029
@tttt4029 Жыл бұрын
As ever, thank you for your sensible, reasonable, articulate and accurate content 😀
@ralphskitz5126
@ralphskitz5126 Жыл бұрын
Schools should not have the power to delete or dispose of, what may potentially be evidence !
@17snooker
@17snooker Жыл бұрын
Any school or teacher did this in Scotland would have alot to worry about
@obellinfantie
@obellinfantie Жыл бұрын
The adage "a little knowledge is a dangerous thing" comes to mind; the kryptonite of the barstool lawyer.
@cedhome7945
@cedhome7945 Жыл бұрын
Let them say these things in court then see how clever they are ....I know who I would place a bet on 🤔
@Gainn
@Gainn Жыл бұрын
All this proves is that the whole law around schools seizing items needs rewriting from the ground up.
@moirab1
@moirab1 Жыл бұрын
I always find you to be honest, wise, knowledgeable, well researched and l always look forward to your videos
@attaat
@attaat Жыл бұрын
So, the Police can't delete anything from your phone, without a court order! but your teacher can... What a wonderful set of laws and rules we live under...
@ianmarlow805
@ianmarlow805 Жыл бұрын
Why do you let your kids have a phone at school?
@meredith2803
@meredith2803 Жыл бұрын
If it's being used for illegal activity it should be taken as evidence and nothing should be deleted.
@alangrant5278
@alangrant5278 Жыл бұрын
I admire your restraint in the face of an attack by an amateur. Followed by demolition of argument with facts. Perfect!
@alternatefutures
@alternatefutures Жыл бұрын
I find it disturbing that the law gives the school / teacher the right to dispose of what could potentially be evidence of a crime. This seems like it could be ripe for abuse -- especially if teachers are involved in said crime.
@Phantom-mk4kp
@Phantom-mk4kp Жыл бұрын
Surely if a member of staff destroys a phone that contains criminal evidence, they could be accused of destroying criminal evidence. They shouldn't destroy it but hand it over to the police. What if a pupil has recorded a teacher committing an offence or in breach of regulation, the teacher having the right to destroy it is wrong.
@grahamwalls2051
@grahamwalls2051 Жыл бұрын
In the 1st instance, a phone containing criminal evidence, the law just gives them the right to decide. I would assume there are any number of instances where they would destroy the evidence rather than ruin a child's life. In the case of recording a teacher committing an offence the phone would not have been used to commit the offence so the right to destroy it would not apply. My opinion of course :P
@manu-tonyo9654
@manu-tonyo9654 Жыл бұрын
Schools decision, not the teacher.
@Phantom-mk4kp
@Phantom-mk4kp Жыл бұрын
​@@grahamwalls2051But once the phone is destroyed, the teacher could claim anything. The teacher should only be able to one of three things, hand it over to the parents or police or request the pupil deletes it.
@howardosborne8647
@howardosborne8647 Жыл бұрын
The way this legislation is crafted is bonkers. Making teachers administrators of the law is wrong in all ways.
@Phantom-mk4kp
@Phantom-mk4kp Жыл бұрын
@@howardosborne8647 Agree I can't think of any other example where a citizen has this power to judge and sentence
@Salam_Damai431
@Salam_Damai431 Жыл бұрын
Deftly handled, with exemplary courtesy.
@melodymacken9788
@melodymacken9788 Жыл бұрын
So, will there be a reply from the disgruntled party. Brilliantly said.
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
Had two. Lots of foul language and insults
@ronnieb3351
@ronnieb3351 Жыл бұрын
I never doubt what you say is true Daniel but doesn’t mean we don’t always like what we hear. Thank you for all your hard work
@budgetnuclearweapons7858
@budgetnuclearweapons7858 Жыл бұрын
A lot of people are the same, but he does sometimes make mistakes you know. He says as much in the vid. To just dismiss anyone that challenges BBBs opinion as simply "not liking" his content, is a tad small minded.
@ronnieb3351
@ronnieb3351 Жыл бұрын
@@budgetnuclearweapons7858 I didn’t discard anyone’s views, what I said was of those of us who do do accept what he says don’t always like it
@budgetnuclearweapons7858
@budgetnuclearweapons7858 Жыл бұрын
@@ronnieb3351 You "never doubt what he says is true".... and state that "we don't always like what we hear" ... That sort of implies that anyone disagreeing with BBB is only doing so on the basis that they don't like what he says.
@lindaweber5599
@lindaweber5599 Жыл бұрын
Thank you for doing this video. I am preparing a whistleblower report and it is terrifying because they already retaliated for a normal performance complaint (not returning phone calls until deadlines had passed and three follow up calls..). Then director of VR, the state civil rights coordinator, the governor's ombudsmans office, the dispute resolution coordinator, a supervisor all coordinated to disappear my written report and put the burden on me in multiple illegal schemes. You help clear my head out of their tactics strategies and get back focused on the criminal intent that is proven by their own documents and records.
@Steven-jx7ch
@Steven-jx7ch Жыл бұрын
Ok, it’s interesting you are spilling here, aren’t these facts better held privately, makes for a more lucrative settlement imo?!
@nudisco300
@nudisco300 Жыл бұрын
If your kid is unruly and naughty then take responsibility for it instead of blaming everyone else.
@truefoa
@truefoa Жыл бұрын
Education Act 1996, over 500 sections, no wonder they issued guidance. Imagine having to learn all that on top Geography and French.
@ukinvasion2012
@ukinvasion2012 Жыл бұрын
I would argue that section 7 is the most important for any parent to really educate their child.
@breakablehandlewithcare
@breakablehandlewithcare Жыл бұрын
Your professional opinions and insights are valuable.... and a welcome service to us, the public....
@grahamheath3799
@grahamheath3799 Жыл бұрын
When did schools become the upholders of the law? Teachers may or may not be trained to teach; but to interpret and enforce the law???
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
1996, it would seem …
@grahamheath3799
@grahamheath3799 Жыл бұрын
@@BlackBeltBarrister That's when the legislation was passed but trained ?
@TheMissPoovey
@TheMissPoovey Жыл бұрын
It really worries me to have these laws without a parent involved from the beginning. The parent purchased the phone, they don’t actually usually belong to the underage person. So how can the school do anything without the actual owner being present?
@howardosborne8647
@howardosborne8647 Жыл бұрын
What I see as very wrong here is permitting school teachers to act as jugde,jury and executioner without the pupil having access to redress. Any phone confiscated because it is accessory to a crime should be handed to the police. It shouldn't be in the teacher's gift to make arbitrary judjement on such matters.
@noellelenihan4124
@noellelenihan4124 Жыл бұрын
Your a blackbelt Barrister, I trust your word for giving right advice ☺️and thank you 🙏 for advising what’s right and what’s wrong,💖💖
@rogerking7258
@rogerking7258 Жыл бұрын
As a layman I remember previous videos in which you state that no-one, not even a police officer has the power to view or make you erase photos unless a court orders this. How does this square with a school's apparent power to view and erase files on an electronic device (which a camera generally is these days)? Does this mean that schools operate under some sort of uber-legislation that allows otherwise illegal behaviour, or have I misinterpreted something? Or is it even the case that the law is sometimes self-contradictory?
@ryanwisbey3387
@ryanwisbey3387 Жыл бұрын
You say opinions differ, however I find your reasoning sound and utilised it to.great affect
@michaelcaldwell5786
@michaelcaldwell5786 Жыл бұрын
Thank you Daniel, for your wisdom, love and integrity. You are one of the good ones ❤
@monkeynutchewer
@monkeynutchewer Жыл бұрын
Where would the "Unlawful disposal of evidence" or "Perverting the course of Justice" come into this?
@Marwolaeth01
@Marwolaeth01 Жыл бұрын
Shocker. Someone reads part of a law which they think supports their belief and stops reading. Unheard of.
@robjmck
@robjmck Жыл бұрын
Sadly, the school has the right to destroy perhaps evidence of bullying that a school is failing to protect children. The usual the state protects itself at the expense of the person!
@pauleff3312
@pauleff3312 Жыл бұрын
I don't like thieves who hide behind the law
@D0csavage1
@D0csavage1 Жыл бұрын
Unfortunately trolls are the scourge of the internet, the internet parasites. They are nothing more than time wasters.
@annstar4306
@annstar4306 Жыл бұрын
Thanku Mr BBB , very clear listening to you , people complain...in my experience they complain about something they are guilty of doing . 🤣. Did not understand their logic. Thank you for a very clear answer to their quandary 😀🙋.
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
Thank you 😊
@IvyMike.
@IvyMike. Жыл бұрын
Nothing better than A viewer comment debunk video, thank you Daniel, most informative.
@colingale
@colingale Жыл бұрын
As a teacher who worked during the 90's we also had this "disposal act" , this covered items like pen knives, martial arts items, camcorder tapes (but not the camcorder ) , cassette tapes but not the recorder , other storage items which were taken included "gun magazine" , knife belt or similar blade holder, lock picking kits , porn and any of the playback or storage medium or recording device related .
@the_once-and-future_king.
@the_once-and-future_king. Жыл бұрын
Nice way of covering for bad/abusive teachers, or undeniable proof of bullying!
@toshiroyamada2443
@toshiroyamada2443 Жыл бұрын
Wait, so you can destroy evidence of the teacher's wrongdoing without worry? For instance, if a teacher was recorded beating up or sexually abusing a child under their care. That sort of seems like it would be a serious offense.
@timesquare5473
@timesquare5473 Жыл бұрын
Scary stuff; when I was at school it was elastic bands and conkers 😁👍
@Phantom-mk4kp
@Phantom-mk4kp Жыл бұрын
I remember as a 10 year old on 4 day trip to France. All the lads who'd bought flick knives having to hand them over before we went through customs coming home
@hazyblue69
@hazyblue69 Жыл бұрын
​@@toshiroyamada2443technically doing so would not be acting lawfully. And most deleted data is easily recoverable with the right software.
@katiehill619
@katiehill619 Жыл бұрын
I think all KZbinrs get ridiculous stuff like this - and I can't imagine trolling them with insulting notes. I love the stuff you provide legal background on, and I always learn something. I do laugh at the supposed internet experts.... its pretty funny sometimes.
@mastersili
@mastersili Жыл бұрын
Very shocked :))))))))))))
@alexanderjohns1588
@alexanderjohns1588 Жыл бұрын
‘I expected better of you’. Sounds very much like a teacher, at least the sort of teachers I had.
@argiebarge7955
@argiebarge7955 Жыл бұрын
"I cant believe its not barrister" should be the go to comment for these indicents.
@ianmason.
@ianmason. Жыл бұрын
Does it come in small tubs with red tape and a seal around it?
@how2pick4name
@how2pick4name Жыл бұрын
I remember being behind a pc working on the server of a fairly big law company. The owner of said company was looking over my shoulder and said, I think it's amazing how you do all that stuff from the top of your head. (This was when we had to type a zillion character prompts lol) I turned around and she was stood in front of a bookcase with all of the law in it. I said, I think it's amazing you know all that shit in those books. She laughed ...
@Scammagnet-Lorraine
@Scammagnet-Lorraine Жыл бұрын
As always Daniel, Bringing the receipts. Well done Some people feel they know everything. They now have been educated. Policies & guidelines are not law.
@prawnk
@prawnk Жыл бұрын
I take my hat off to anyone like you who produces great content on KZbin etc., as you must have to deal with so much dross. You’ve got to have skin thicker than a rhino 😂
@Rhr118
@Rhr118 Жыл бұрын
❤️
@andycommonsincanada
@andycommonsincanada Жыл бұрын
Daniel, what a concise response to your viewers comments. Your explanation is a perfect example of why you are a Barrister and why I would highly recommend your services should circumstances arise.
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
Thank you 😊
@RibeyeSusie
@RibeyeSusie Жыл бұрын
Well done!
@daviddyson8851
@daviddyson8851 Жыл бұрын
No matter what you do someone always think they know better…great content keep it up
@DannyBoy01ify
@DannyBoy01ify Жыл бұрын
I really enjoy watching your videos and it's a privilege to get free legal information from a barrister. I have come to accept in life that some people will want to jump in as soon as they think you've done something wrong but you don't hear from them to say thanks and what a great job you are doing for the other ninety nine percent of the time! Thank-you for your time and effort to keep us informed. It's much appreciated!
@barbsdee3831
@barbsdee3831 Жыл бұрын
Hear hear 👍🏼
@spudhead169
@spudhead169 Жыл бұрын
The problem a lot of people have is they don't like being told things they don't like and they project the role of the "bad guy" on the person telling them. All Daniel does most of the time is tell us his professional understanding of the law. Now we can like or dislike the law, but Daniel didn't write it or even necessarily agree with it, he's just telling us about it. I think some folk need to get that into their heads.
@lordcharfield
@lordcharfield Жыл бұрын
Most barristers I personally know are the most arrogant people on the planet, along with surgeons (present company excepted!). I’m not surprised that you get this sort of excrement from jealous would be rivals. I know that you’ll keep up the great work regardless! 👏👍
@andrewgilbertson5356
@andrewgilbertson5356 Жыл бұрын
Good luck! Thank you.
@Ultravox1981
@Ultravox1981 Жыл бұрын
I think that you have answered the criticism very well. In my mind, you have always shown yourself to be professional, balanced and very knowledgeable. Keep up the good work.
@chronicgaming3280
@chronicgaming3280 Жыл бұрын
BlackBeltBarrister please correct me if I have misunderstood, a school can confiscate a £500-1200+ smartphone, laptop, tablet etc based of something written in 1996 when the most expensive "electronic device" that could hold data was a 3½ inch floppy disk.. if so that shit needs bringing into the right century. Keep up the great content 😁👍
@markhudson4510
@markhudson4510 Жыл бұрын
Mobile phones that could send and receive text messages existed in 1996.
@chronicgaming3280
@chronicgaming3280 Жыл бұрын
@@markhudson4510 I don't doubt that but they not many of them would have been in the hands of students as we see kids with them today.
@markhudson4510
@markhudson4510 Жыл бұрын
@@chronicgaming3280 I was a student in 1996 and on my second phone. Had the same number all this time as well.
@pjcnet
@pjcnet Жыл бұрын
I think it's wrong for a school to dispose of property like a mobile phone and get away with it instead of giving it back later, but you are simply advising people of the actual law, you can't help people not liking it.
@msjannd4
@msjannd4 Жыл бұрын
👍😉
@alanjenkins1508
@alanjenkins1508 Жыл бұрын
Unless it is an illegal object, a school would not normally do this. However there is a possibilty of the item being stolen, and the teacher would be protected from liability in that case.
@roberts.wilson1848
@roberts.wilson1848 Жыл бұрын
@@alanjenkins1508 parents must be notified and showed the evidence, and disposal to occur AFTER that if the parent accepts....also what is "illegal"? If it's drugs or weapons, clearly cops should be involved and parents face the proper repercussions (possibly even the child as a juvenile criminal)
@anonemini319
@anonemini319 Жыл бұрын
Just thinking about the job of writing all the guidance/laws/statutes/whatever (with all of their cross-references) in the first place makes my head hurt.
@atlanticx100
@atlanticx100 Жыл бұрын
Once the phone or any other item has left the pupil's person. I would have thought the chain of custody would have been broken. I would have thought the legal team representing the pupil would have the perfect reason to get the evidence thrown out. Then the mobile phone returned to the family. As regards the search of the files that would be an interesting case for the Supreme Court. In my own opinion that law needs to be struck down as it appears to give the school more power than the police or court with not enough accountability.
@Penddraig7
@Penddraig7 Жыл бұрын
When someone does a 5 second google search and suddenly become an expert on a subject. Sadly the internet is full of graduates of the university of 5 second google searches and they gravitate to social media comments to practise their newly acquired expertise
@nickush7512
@nickush7512 Жыл бұрын
Great video Daniel, thanks.
@diana_lowthorpe
@diana_lowthorpe Жыл бұрын
Thank goodness you're here, I logged on to your channel 2 hrs ago but unfortunately your video wasn't there, all I received was a blocked message, saying this video is not available.... anyway I'm so happy you are here again.. Thank you so much for this video & so happy that you are back!! 😊
@rosemarieross4277
@rosemarieross4277 Жыл бұрын
I'd prefer to listen to and believe what you say. Keep up the good work. Thank you for your video's
@jbellfield
@jbellfield Жыл бұрын
That zooming in and out with my new medication is too much.
@gypsygem9395
@gypsygem9395 Жыл бұрын
I'm not on any form of medication and it is uncomfortable for me too !
@markcruise
@markcruise Жыл бұрын
Those regulations seem flawed. If they have (under the regulations) disposed of a phone because it’s been used in the commission of an offence, how can they then prove that it has been used in the commission of an offence to justify its disposal?
@angryscottishidiot
@angryscottishidiot Жыл бұрын
This the crux of a bigger issue. Teachers are not trained in Law or psychology and are making decisions based on their opinion of a rule or regulation. A lot of teachers are making mistakes in more important areas, such as gender, because of their own bias and misunderstandings.
@madmick9205
@madmick9205 Жыл бұрын
This why we retain the expertise of Barrister's. Although, I have met a couple of idiot Barrister's, but, they are quite rare. Thing is, A Barrister can be wrong, which is why we have appeal courts. But, Judges can be wrong too and so we have higher appeal courts. I actually think that the BBB Barrister is one the best Barrister's that I have listened to. He clearly is an expert, and I could well see him going on to be a Judge and a very high ranking one at that. The one thing that I can say is this. These people only really care about the law and the application of the law. But Daniel, the BBB Barrister, is also passionate about explaining the law to us mere mortals. This is information that is really expensive to get. Daniel is giving it away for free. We are very lucky to have him, and that is a fact..
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
Thank you for the thoughtful comment !😊
@Oli-l5m
@Oli-l5m Жыл бұрын
Loved this video - we simplify so many things for public consumption, but at the end of the day, real life is complex, and there is no short cuts by just reading a TL:DR summary!
@pauljames77777
@pauljames77777 Жыл бұрын
Keep on going Dan your advice is is spot on in my eyes There is always a few out there who think they know better
@jerrygeorgopolis8015
@jerrygeorgopolis8015 Жыл бұрын
BBB, That was a lot of information on this subject, thank you ! All the best from the U.S. ps ..No this wasn't an e-mail from me.....
@patrickwatters7555
@patrickwatters7555 Жыл бұрын
Who'd be a teacher, it's a mine field.
@Sue-t3h
@Sue-t3h 4 ай бұрын
Absolutely!
@nicholaskay4162
@nicholaskay4162 Жыл бұрын
Reminds me of a recent video of yours. I wouldn't want to be the teacher in court defending disposing of a phone worth £1,000+ with just reasonable suspicion.
@BlackBeltBarrister
@BlackBeltBarrister Жыл бұрын
Realistically, they are not likely to do that, but the provisions are there for the most extreme cases.
@seemorebeer2848
@seemorebeer2848 Жыл бұрын
HANG ON EVERYBODY ! Why the hell did we ever allow these kids to carry mobile phones around school in the chuffin first place !? 🤨 Are we that stupid!? What ever happened to discipline in this country. Possession of the said item DURING school hours is wrong and open to so many potential problems. Take the phones to school if absolutely necessary, BUT store them securely during teaching contact hours. Why must we constantly create these problems for ourselves !? Its not bloody rocket science is it ! 🤦🏼‍♂️🤨
@paulqueripel3493
@paulqueripel3493 Жыл бұрын
How do they force the passcode out of the child so they can examine it? How do they then delete the file that has automatically been backed up to the cloud/streamed? The kid's probably more tech savvy than the teacher.
@mercedesblack7828
@mercedesblack7828 Жыл бұрын
That's why many kids have a password. As for children having phones *destroyed* , I doubt it is carried out immediately as they would need proof. School rules are not law!
@Commsfarage
@Commsfarage Жыл бұрын
My thoughts are also they do not own said phone no children under the age of 16 own anything it's still the parents property.
@mercedesblack7828
@mercedesblack7828 Жыл бұрын
@@Commsfarage Not old enough to have a contract?
@Commsfarage
@Commsfarage Жыл бұрын
@@mercedesblack7828 not from what I understand 18 upwards
@davidbenton8775
@davidbenton8775 7 ай бұрын
The extensive powers given to authorities (including schools) are little known but very broad ranging and leave huge potential for abuse. Staff members of schools should, in my view, not be able to seize, and retain property belonging to another person without much more justification than the vague guidelines of 'reasonable'. Reasonable to who? Imo, the options should be two, return to the owner, intact and unaltered, or hand to the police, who, along with prosecution services, are entrusted with such duties and trained for them.
@rampak1
@rampak1 Жыл бұрын
This would appear to give teachers greater powers than the police in relation to mobile phones. The police cannot access or erase data on a mobile phone without a specific court warrant.
@toshiroyamada2443
@toshiroyamada2443 Жыл бұрын
And from what it sounds like the teachers only needs "suspicion" of the content even being on the phone.
@howardosborne8647
@howardosborne8647 Жыл бұрын
And what you raise is what I have serious concerns over.
@davidcolin6519
@davidcolin6519 Жыл бұрын
Yeah, and exactly the sort of powers that a parent is assumed to have. Never heard of "In loco parentis"? Thought not.
@rampak1
@rampak1 Жыл бұрын
@@davidcolin6519 are you suggesting that a teacher has all the same powers over a child that a parent has?
@wjf0ne
@wjf0ne Жыл бұрын
@@davidcolin6519 Few if any schoolchildren can afford to go out and buy a mobile phone, they are usually the property of the parent. Destroy a phone I have given to my child and you'll find yourself in trouble whether the laws allows you to seize a phone or not.
@galadriel4101
@galadriel4101 Жыл бұрын
Thanks for your videos you're doing a great job.
@cindymelnyk8293
@cindymelnyk8293 Жыл бұрын
Jeez, reading this just gave me a migraine of 😵‍💫🥴
@julesboozy1603
@julesboozy1603 Жыл бұрын
If the phone had been confiscated due to it possibly being used to commit a crime then the disposal of the phone could be construed as destruction of evidence pertaining to that crime. If the teacher knew of the crime then is that not attempting to pervert the course of justice? Just wondering
@crowrage8929
@crowrage8929 Жыл бұрын
This is only applicable if they have good reason to do so, so if there was evidence that the police wanted it , they would have to give it to the police.
@JNET_Reloaded
@JNET_Reloaded Жыл бұрын
They shouldn't be able to dispose fk all confiscate yes at start of day till end of day.
@KarrierBag
@KarrierBag Жыл бұрын
4:30 if used in this way surely they cannot dispose of an item if involved in a non legal / criminal thing?
@kennethgreen2829
@kennethgreen2829 Жыл бұрын
It never fails to amaze me that there are people out there who think that they know more about the law than a person who has undertaken years of legal study and Pupillage before becoming a successful Barrister with his own set.
@FAS1948
@FAS1948 Жыл бұрын
Thank you, that was well worth watching.
@janebuckland737
@janebuckland737 Жыл бұрын
👍👍👍 thanks
@JohnSmith-wi7so
@JohnSmith-wi7so Жыл бұрын
Exhausting but very informative lol. Subscribed 😊
@peaoui165
@peaoui165 Жыл бұрын
So what is to stop a school changing their rules as to disallow a student holding a mobile phone of any kind, then confiscating the phones and either just retaining them forever or claiming to dispose of the item when they actually haven't? Seems like an oversight that allows the school staff to essentially steal property from their students.
@Trebor74
@Trebor74 Жыл бұрын
I can trace my phone. I'm sure if they get confiscated and sold I could still find it or permanently lock it.
@mauricestanley5763
@mauricestanley5763 Жыл бұрын
Properly chastised, love it well done.
@susanwilby1437
@susanwilby1437 Жыл бұрын
Thank you for spending your precious time to explain the intricacies of law to us. I find your videos extremely interesting. Why anyone would be so rude and shirty in a communication is beyond me. If they feel they know better than yourself then they are utterly deluded in my opinion.
@mumo9413
@mumo9413 Жыл бұрын
Dan, plse could you explain? Is there a legal difference between schools, colleges & universities? Law vs policy? How can staff check a mobiles / electronic devices if they don't have a password? Say there is a minor caught up in drugs, surely if its a 'county lines' issue the evidence should not be erased/ destroyed? It could bring a conviction to the adults involved? Yet at the same time the child could receive a conviction that could destroy their life & education?
@BertWald-wp9pz
@BertWald-wp9pz Жыл бұрын
Don’t take any notice. A bit of common decency costs nothing. Some people enjoy being objectionable and the internet is a great place for them to indulge their spiteful tendencies. You do a great job. Nobody is perfect - the main benefit of your channel is that you do your best and provide useful, interesting and thought provoking content. What more can people expect!
@AlmaGumundsdottir-gz1ik
@AlmaGumundsdottir-gz1ik Жыл бұрын
You are very professional. I think people who make such statements, are people who dont accept professions.
@tommo9757
@tommo9757 Жыл бұрын
Remember, "despose of" doesn't necessarily mean "destroy". Suddenly this becomes a great income source for the school. Before you know it, there will be targets and incentives for teachers confiscating phones
@AnotherPointOfView944
@AnotherPointOfView944 Жыл бұрын
Thanks Dan for clarifying. But on a practical note: How is any member of school staff supposed to remember all these rules, guidance and laws on a day to day basis? Seems to me you need to a practicing lawyer to get your head around this stuff and safely implement it.
@ianmason.
@ianmason. Жыл бұрын
Moreover how the flip did the idiots drafting this not think for one second of the poor teachers who would be required to deal with it? They could have at least asked an English teacher for a bit of advice on how to structure and write it to be comprehensible to, say, a PE teacher, or if that was too onerous, to a small wet dog.
@johnmcbryde715
@johnmcbryde715 Жыл бұрын
quality work 👍
@jimmydesouza4375
@jimmydesouza4375 Жыл бұрын
Does this mean they'd legally be allowed to dispose of something like a blood soaked knife that they suspected as a murder weapon?
@BUSHCRAPPING
@BUSHCRAPPING Жыл бұрын
I noticed that too. Surely if the crime is bad enough to warrant disposal of the phone, then the phone should be given to the police as evidence
@PriyaPans
@PriyaPans Жыл бұрын
OR What is a teacher is having a relationship with a minor. And there's evidence on the phone? Teacher could potentially then destroy that phone? Edit: I say relationship but obviously this is abuse, I'm just adding that now to be extra clear
@jimmydesouza4375
@jimmydesouza4375 Жыл бұрын
@@PriyaPans It's only abuse depending on how hot the teacher is.
@kimamey
@kimamey Жыл бұрын
I'm a bit surprised that, in the case of a phone being used in relation to a crime, or the carrying of a knife, there isn't a duty to inform the police. Instead the item, which I'm guessing would be evidence of a crime, can be disposed of, thereby destroying the evidence.
@jamescoburn6789
@jamescoburn6789 Жыл бұрын
I would imagine, these days, that attempting to remove a kid's phone, would result in a) SA allegations. b) An assault from child or parent.
@chloek7754
@chloek7754 Жыл бұрын
Ignore 👏👏👏 You’re One of the BEST❤️❤️❤️❤️ Thank you 👍👍👍👍👍
@kenmerry2729
@kenmerry2729 Жыл бұрын
It's nice to have clear decisive law that everyone can understand!
@JaenEngineering
@JaenEngineering Жыл бұрын
Laws should ideally be written to be black and white (with a sliver of grey to allow for the edge cases) so they can be understood by everyone. But if they did that we wouldn't need lawyers and barristers, so instead they write grey laws that are incomprehensible to lay persons thus keeping themselves in business. This does bring up the issue of ignorance as a defence. Surely if they are to claim that ignorance cannot be a defence, then laws should be understandable?
@noelward8047
@noelward8047 Жыл бұрын
Does the law in question not worry you ?
@kenmerry2729
@kenmerry2729 Жыл бұрын
I was trying to be sarcastic and I believe we have too many laws and not enough common sense.
@kenmerry2729
@kenmerry2729 Жыл бұрын
I was trying to be sarcastic and I believe we have too many laws and not enough common sense.@@JaenEngineering
@GrahamGreenwood-q3r
@GrahamGreenwood-q3r Жыл бұрын
Some will watch you walk on water and say it’s because you can’t swim :-) great job BBB
@nikkirazelli3250
@nikkirazelli3250 Жыл бұрын
If a device had "incriminating evidence" on it, wouldn't "disposing of it", mean they were guilty of destroying evidence?
@adeptusmagi
@adeptusmagi Жыл бұрын
Isnt the permission granted to delete data or files a minefield as it could very well actually be encouraging the destruction of evidence
@jackmccann9260
@jackmccann9260 Жыл бұрын
Good job.
@triple999fruitful
@triple999fruitful Жыл бұрын
Thank you, that was interesting.
@peterlombard2292
@peterlombard2292 Жыл бұрын
In relation to the allegation of "repeating lies", I have always found it interesting to know how, in law, lies are established. Furthermore, is it possible that being called a liar constitutes slander? It would seem that even if it is almost certain that someone is not telling the truth, the slightest possibility of genuine error would mean that it is almost impossible to prove.
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