Confessional Interview : Simon Richardson MBE

The incredible and inspiring story of Paralympic Champion, Simon Richardson MBE, through all of his trials and tribulations.

 

 

 

 

 

Simon Richardson has always led his life with speed in mind. Initially his life focused solely on motorbikes, until an accident involving himself and his wife pushed him towards cycling as a way to regain his confidence.

 

Then in 2001, whilst he was out training, Simon was struck from behind by a car doing 60mph. The accident broke his back in two places and shattered his left leg. After a series of operations and having to adapt to the changes in his lifestyle, Simon pursued cycling as a way to aid his recovery.

 

In 2008 Simon Richardson represented Great Britain at the Beijing Paralympics, taking home two Gold medals, a Silver and he also broke the World Record in the Kilo. This phenomenal year was then topped off as Simon was awarded an MBE.

 

However in 2011, Simon's life took an unforeseeable turn as he was once again struck by a car whilst he was out training. But this time, the accident involved a drunk driver, who left Simon at the roadside.

 

Simon was airlifted to hospital in a critical condition. He was diagnosed with a detached lung, his back was broken in two places, and he also suffered with a broken pelvis. Doctors told him he would never ride again.

 

Three years on, Simon is still determined to get back in the saddle and is now training on a recumbent tricycle. His story has been an inspiration to cyclists through his determination and strong mental attitude.

 

Simon is now using the Twitter #SimonStrong to help raise money for the Air Ambulance service, who he values with having saved his life.

 

The interview was organised, set up and led by Nadine Forshaw.



Legal Framework

Structure of the Courts:

 Criminal Law = Concerns offences which harm the whole community, therefore are offences against the sovereign. “guilty or not guilty” R V Smith.

Civil Law = Disputes between individuals and organisations, including torts (wrongs suffered e.g. defamation, breach of copyright). Also covers divorce action. “liable or not liable”. Brown  V Smith.

The legal test of proof is different for Civil and Criminal cases. For Criminal Cases it must be “beyond reasonable doubt”. For Civil Cases it is on the “balance of probability”.

There are three types of Criminal Offence:
1) Indictable only offences – most serious crimes, punishable by the longest prison terms (5 years or more) E.g. rape, murder, robbery. These are processed initially at the Magistrates Courts, but then they are quickly moved onto the Crown Court.

2) Either way offences- can be dealt with at either the magistrates or crown court. E.g. theft, sexual assault, and assault causing GBH.
3) Summary offences – dealt with at magistrates court. These are relatively minor offences. E.g. drunkness and speeding offences.

The highest court in the UK is the Supreme Court which is located in Central London, Middlesex Guildhall on one side of parliament square. There are twelve justices in total.

The Department of Public Prosecutions (DPP) runs the prosecution in criminal cases.

Sources of Law:
Common Law = Law based on the custom of the realm and the decisions of judges through the centuries.

Precedent = Decisions made by judges in higher courts are then binding on all lower courts. The Supreme Courts judgement binds all UK courts, except the Scottish Criminal Court.

Statutes= Acts of Parliament – Primary legislation.

Statutory Instruments = The detailed framing of the new law set by the departmental minister concerned, who sets out statutory instruments in the form of regulations and rules. Must be approved by parliament.

European Regulations = EU Council and its Parliament agree regulations and directives. These are binding on all member states. Member states decide how directives should be implemented through their own legislation. 

Confidentiality and Privacy

The law of confidence safeguards information obtained in confidential circumstances, for example between individuals or between a company and its employees. 

There are three areas of concern:
1) Revealing state secrets or “official” secrets.
2) Revealing commercial secrets.
3) Revealing facts about a person they would have expected to remain private.

The Official Secrets Act protects 1989 protects state secrets (military or intelligence matters) – this can be breached by publishing photos of sensitive military installations. But the act is rarely used a juries have been reluctant to convict “whistle blowers” e.g. Clive Ponting.

Commercial confidentiality is normally protected by the contract of employment – staff won’t do things detrimental to their employer’s interests, for example revealing financial information helpful to their competitors. But this must always be balanced against the public interest.

Personal confidences or privacy is protected under article 8 of the European Convention on Human Rights.

Journalists must decide when newsworthy confidential information is uncovered to either;
1) Risk an injunction (legal stop) by seeking a response to the allegation. OR…
2) Publish material and take the risk of legal action for breach in confidence or possible defamation.

Max Mosley V News of the World – In 2008 the paper published a story of Mosley’s sadomasochistic Nazi themed orgy. The High Court ruled that there was no public interest in publishing this story so Mosely had the right to privacy and damages were awarded.