Areas of Law

Media report analysis 1. Identify the areas of law that are relevant to the chosen media report, and explain how they are relevant to the matters outlined in the report. Criminal Law Kelden Edward Fraser has committed a crime by breaking out a prison van at Geraldton Airport as he was being transferred to a maximum security jail due to his bad behaviours. Furthermore, Fraser was capture again as he has allegedly committed criminal offence for armed robbery. Tort Law Concerning the tort law, Fraser had taken part in a roof protest which has resulted in $ 13,000 damaged including antenna and extractor fans at Greenough Regional Prison. Furthermore, Serco was negligent by carrying the prisoners without specialist officers and the Corrective Services Ministers were negligent by not sending specialised officers with the prisoners in the van. Administrative law The Corrective Services Minister Mr. Joe Francis was asked if Fraser should have been given a high risk escort but Mr. Francis stated that he would not make such remark on the department’s operational decisions. However, it has been confirmed by Mr. Francis that Fraser high security risk will be implemented and he will be transferred to Perth. Moreover, he declared that the Correctives Services Commissioner, Mr. James McMahon was reviewing the policies. Contract Law Serco Company holds a contract with the Western Australia Prison to provide transport services. Property Law Properties of Greenough Regional Prison were damaged which includes antenna and extractor fans. Also, Serco property was damaged. The van in which the prisoners were travelling, Fraser and Graham kicked through the internal cells panels. 2. Demonstrate how the law functions in these various ways, by reference to specific examples within the chosen media report and the areas of law you identified in question 1.  

• Ensures reasonable predictability in daily life

Concerning the Administrative Law, the corrective minister services, Mr Joe Francis decided that considerable security risk will be implemented so that the same offence will not be repeated by Frauser or by other prisoners.

• Encourages and discourages certain conduct.

Criminal Law will discourage Fraser and other prisoners to break out from the van or the prison itself. In our case example, Fraser will be transferred to a high security risk jail as he escaped the prison van and he was involved in an armed robbery. Thus, harsh penalties can be imposed as an incentive to engage in these conducts. Tort law will encourage the prisoners to regulate their behaviour and conduct. Our case example is that Fraser took part in a roof protest which caused a damage of $ 13000. The harsh penalties can be used against Fraser. This will encourage the prisoners to abide the rules and regulations of the prison.

• Grants rights and powers to individuals and groups of people.

According to the rights and powers the administrative law allows Mr. James McMahon, the commissioner, to review the policies due the incidents that occurred recently by Fraser. Moreover, Mr. McMahon can legally change decision making bodies.

• Imposes obligations on individuals/organisations to meet their legal responsibility.

According to the application of administrative law, the prisoners who should have been escorted by specialist emergency support group officers instead they were escorted with the Serco Company employees who do not have any training how to deal with prisoners. The prison officers did meet their legal responsibility and did perform their job as it should be.

• Allows for the enforcement of recognised rights and duties.

In relation to the tort law, the negligence of Serco company sending his employees with the prisoners and the negligence of the Corrective Services Ministers by not sending specialist officers in the van, Mr Joe Francis took the decision that James McMahon has acquired the right to take decisions concerning the transport services contract offered by Serco Company. Thus, the Commissioner stated that there will be no more essential transportation of prisoners without his consent. This will done so as prisoners do not break out while transferring them to a maximum security prison.

• Provides remedies when an injustice has been done.

In the agreement with Serco Company the Western Australia did not respect the contract. This so, as the employees of Serco has been aggrieved by the conduct of the prisoners. So, Serco Company can impose duties so as a remedy can be obtained. Property law would provide a remedy by increasing the sentence of Fraser for damaging the prison property. 3. By reference to the legal issues contained in the chosen media report, explain why it was important for the relevant party/parties to know the law in the circumstances? How did, or could, the party/parties have applied the law to their advantage? Kelden Edward Fraser the most important opponent of the media report was involved in a roof protest that caused $13000 damage in property for examples, antenna and extractor fans at the Greenough Regional Prison. Also, Fraser was alleged for an armed robbery. Thus, Fraser sentence can be increased so that he will not commit the same crime again. In spite of that, the relevant parties knew the law. The Corrective Services Minister, Mr. Joe Francis took legal actions against Fraser. So, they decided to transfer Fraser to a high security jail for misconducts and the crime he committed. This will help to have more disciplinary prisoners who will not commit offences due to the harsh penalties that will be imposed. The parties can apply the law to their advantage by knowing their rights and impose duties so to find remedies to the specific problems. 4. How do the media influence public perceptions about the law and its administration? How might public pressure impact legislators and judges in establishing the law? Media can influence public perceptions about the law and its administration by magazines, newspapers, television, also, websites like facebook and twitter which are constantly affecting the legal, ethical and marketing conditions of the law. Media does blew out of proportion where public does believe everything they say and write. Furthermore, media influence public with their constructive articles which does happen that these can change the perceptions about law and administration. It can be good perceptions or bad perceptions. Moreover, for example, In Mauritius the use of handheld mobile phones is prohibited. So, public pressure can have an impact on legislators and judges in establishing the law by a petition that is, addressing to the Prime Minister office or any other concern parties. So, judges are subject to public scrutiny. REFERENCES Pownall, A. 2014. Escapee part of roof stand – off. The West Australian, January 8, 2014, 9.                                   WORD COUNT: 1105

Cite this page