The Gazette 1971

suicides and resultant public indignation have had to re-establish the old custodial practices. The retention of patients, or to put it crudely, the high imprisonment rate in our mental hospitals persists, as no risks must be taken. Because of the changing attitudes to criminality it is now believed that the psychiatrist should no longer permit himself to be used to segregating under the cate- gories of unfit to plead and guilty but insane one group of persons in the community thus permitting those not classed in that way in these categories as being fit to be punished as criminals who have deliberately and with a full sense of responsibility perpetrated their aberrant behaviour in society. Clearly for instance, the term "criminal lunatic" is a contradiction in terms. Also the two pleas of guilty but insane or unfit to plead were frequently used because of collusion between the legal and psychiatric professions, with increasing laxity and imprecision in the application of the law in criminal cases or the trial of such in the courts whether before arraignment on the pleas in Bar or unfitness to plead as an excuse for the act. The abuses appear to have occurred in many instances as for example where an attempt is made to prevent arraignment of a person of high repute in the community guilty of serious em- bezzlement or a similar offence, insanity is simulated and a spell comparable to that likely to follow that of a sentence in court is spent in a private or a district mental hospital, after which period it is hoped that the charge will be dropped. It occurs where the court fails to apply the strict rules in such cases and simply asks the psychi- atrist for his opinion as to the fitness to plead of the defendant and then accepts it without question. There was the practice in capital charges where a sentence of death by hanging might eventually arise, where medical and legal practitioners frequently tacitly conspired to persuade juries to bring in favourable verdicts. Insanity was rarely raised except in murder trials. It must be clear that there have been so many instances of misuse of these pleas at times for humani- tarian and at other times for less laudable reasons that a new relationship between criminality, psychiatry and the legal profession must be structured following consid- eration by both professions of all its implications both in their own relationship as well as in the evolution and development of a new penological system better equated to our present understanding of human behaviour. It is hoped that this will henceforth be concerned with rehabilitation and a return to society of the individual following skilled professional care and attention in our institutions. It is also necessary that the public should be protected from those persons whose behaviour is so disturbed as to be a likely source of danger to other members of the community. Being your own boss—despite all the laws and bye-laws that regulate this way of life—is a most commendable ambition. But it may also be a very perilous one, fraught with major difficulties unless you take precautions. Short of committing a major crime there is hardly any decision more likely to land you in urgent need of legal advice than starting your own business. But don't let that put you off. If you have the foresight to consult a solicitor at the outset, many of the difficulties can be removed, and very often a new approach can be found for the others. If you are the kind of person who wants to start or THIS IS YOUR BUSINESS by a Legal Correspondent

buy a business you are unlikely to be deterred by diffi- culties and dangers, but there are hazards which can discourage even the most astute, and will certainly trap the unwary. Once the decision to "go it alone" has been made you must consider the type of enterprise it should be. Perhaps other people are putting up some of the capital; perhaps you intend to borrow the money to start the project; is it best to rent or buy premises? The right answers to these and many other questions are essential, among them: Should you form a limited company? Would it be better to go into partnership? Will it be possibly to get a loan or mortgage? If you are buying premises, will there be restrictions on their use? If premises are being leased, will it provide the security needed ? You will need advice based on knowledge of the law and experience for the preparation of the necessary documents and arrangement of the essential safeguards. When you engage staff, whether few or many, you assume further responsibilities—liabilities to them and because of them. It may be desirable to provide some employees with written terms of employment. These terms may include pay, overtime rates, bonuses, shifts, holidays, sickness, redundancy payments, promotion and training. You must be certain that you are aware of all the regulations relating to safety and to social welfare. A pension scheme may be part of your plans; if so, you will have to know the tax and other problems involved. When the business is established you will give and obtain credit, give and receive guarantees and make hire purchase agreements. You must be aware of the full effect of all these facilities to business and the legal obligations they impose on you. Contracts with sup- pliers must be properly drawn up and you must thor- oughly understand them. If raw materials are being imported, or finished goods exported, there are regulations, quotas and tariffs with which you must be familiar. No business succeeds unless it is scrupulous in honour- ing its obligations to csutomers and consumers. "Con- sumer awareness" and the public's recognition of its legal rights, means that every business faces greater risks and demands then ever before. You have to be sure that you have made proper provision for such things as public liability : somebody falls and breaks a leg in your shop or office, or their goods may be stolen from your warehouse. Insurance of products against legal liabilities of all kinds, insolvency and loss of profits must also be taken into account. There are government aids for some businesses and also income tax, turnover tax, corporation tax and estate duty. There are few human activities in this country not affected by tax today, and these main taxes, for the most part, concern businesses as well as individuals. Corpor- ation tax and estate duty can have very serious cflects upon private limited companies. Be certain that you have someone to turn to who understands all aspects of taxation and the problems associated with it. Tax affects so many business opera- tions that you must, if you are to stand a reasonable chance of making a success of your project, know ways and means of saving tax and lightening its impact. It is most certainly illegal to evade taxes, but there is nothing illegal in making sure that you pay no more than the law requires. If you want to succeed as owner of a business there is no better way of starting than by seeking advice from a man who will look at the project objectively and provide—from his knowledge and experience—the

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