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Mental Health and Yoga in Prisons The Journal of Criminal Law (IF 0.6) Pub Date : 2024-09-17 Anqi Shen
Prison environments pose substantial health risks and may adversely affect the health and wellbeing of both prisoners and staff. Drawing extensively from international literature across several disciplines and supported by empirical data, this article presents a multidisciplinary study that focuses on mental health in prison settings and examines unconventional healthcare interventions, using yoga
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Testing the Effects of Workplace Variables on the Job Burnout Among Prison Officers in India: An Application of the Job Demands–Resources Model The Journal of Criminal Law (IF 0.6) Pub Date : 2024-09-10 Eric G. Lambert, Hanif Qureshi, Shanhe Jiang, Mia Abboud Holbrook, James Frank
The current study used the job demands–resources model and survey data from prison officers in India in order to examine how workplace variables are associated with three job burnout dimensions of emotional exhaustion, depersonalization, and reduced sense of work accomplishment. Job demands make the job more difficult and are generally linked to negative outcomes, while job resources make the job less
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Non-Fatal Strangulation: An Empirical Review of the New Offence in England and Wales The Journal of Criminal Law (IF 0.6) Pub Date : 2024-09-03 Hannah Bows, Jonathan Herring
Following the introduction of specific non-fatal strangulation (NFS) offences into law in a number of other jurisdictions over the last 20 years, England and Wales introduced a new offence of Non-Fatal Strangulation as part of the Domestic Abuse Act (2021) in 2022. Drawing on data provided by 32 forces, this article examines how the offence has been used in the first 14 months of operation. Specifically
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Introduction to the Special Issue on Mental Health in Prisons The Journal of Criminal Law (IF 0.6) Pub Date : 2024-09-03 Anqi Shen, Shanhe Jiang
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Finding a Compromise: A Criminal Law Defence for Regulating Medical Assistance in Dying The Journal of Criminal Law (IF 0.6) Pub Date : 2024-08-30 Chrystala Fakonti
The legal discourse surrounding euthanasia and assisted suicide continues to evolve, with a growing demand for comprehensive regulation. However, in England and Wales, assistance in dying remains prohibited. This article draws on criminal law theory to propose a compromising approach to cases of medical assistance in dying by creating a new criminal law defence. This defence will be available to a
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Not Really a Jogee Case (but Then Neither Was Jogee …) The Journal of Criminal Law (IF 0.6) Pub Date : 2024-08-09 Beatrice Krebs
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Evidence of Autism Spectrum Disorder and its Relevance to a Reasonable Belief in Consent in the Context of Sexual Offences The Journal of Criminal Law (IF 0.6) Pub Date : 2024-07-21 Adam Jackson
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The Harms of Imprisonment and Envisioning a Desistance-Supporting ‘Good Society’ The Journal of Criminal Law (IF 0.6) Pub Date : 2024-07-21 Patricia Gray, Julie M Parsons
Research evidence in the 21st century strongly indicates that prisons are inherently harmful environments in which to try to support rehabilitation, because of their destructive impact on identity, self-actualisation, mental health and social relationships. Yet HM Prison and Probation Service (HMPPS) continues to propose that prisons can be legitimate sites of rehabilitation as well as centres of punishment
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Double Jeopardy and Successive Prosecutions Based on the Same Prohibited Conduct: Equivalence of Approaches to Determining the Same Offence Dilemma in Comparative Perspective The Journal of Criminal Law (IF 0.6) Pub Date : 2024-05-22 Ger Coffey
Post-acquittal retrials for substantially the same offence are possible in jurisdictions that have provided statutory modifications to the common law double jeopardy principle. The pleas in bar of prosecution, autrefois acquit (previously acquitted) and autrefois convict (previously convicted), are predicated on a final verdict of acquittal or conviction by a court of competent criminal jurisdiction
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Criminal Justice and Technology The Journal of Criminal Law (IF 0.6) Pub Date : 2024-04-13 Rebecca Mitchell, Michael Stockdale
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Domestic Violence, Sex, Strangulation and the ‘Blurry’ Question of Consent The Journal of Criminal Law (IF 0.6) Pub Date : 2024-02-16 Heather Douglas, Leah Sharman, Robin Fitzgerald
A stand-alone strangulation offence was introduced in Queensland, Australia in 2016. One of the elements of the Queensland strangulation offence is that the victim did not consent to the strangulation. This paper reviews the harms and dangers associated with strangulation before overviewing the debates about the use of strangulation during sex. Drawing on focus group discussions conducted with domestic
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Reconceptualising Sexual Infidelity Provocation: New Anglo-Scottish Reform Proposals The Journal of Criminal Law (IF 0.6) Pub Date : 2024-02-07 Nicola Wake, Alan Reed
The Scottish Law Commission has recently confirmed in its Eleventh Programme of Reform, published in May 2023, the continuation of its medium-term project to examine the law of homicide. This includes a review of sexual infidelity killings and provocation as a partial defence to murder, or otherwise. It embraces a critique of whether and, if so, how any necessary proposals for modernising the law in
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The Adversarial Lawyer and the Client's Best Interest: Failures With Pre-Charge Engagement The Journal of Criminal Law (IF 0.6) Pub Date : 2024-01-31 Ed Johnston
The role of the defence lawyer is one of a zealous advocate, acting in the best interests of their client. However, a substantial body of evidence suggests that lawyers often operate as components within a procedural machinery that primarily processes the guilt or innocence of defendants. This phenomenon has led to the gradual erosion of the concept of zealous advocacy and adversarialism. Over the
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Preventing Machines From Lying: Why Interdisciplinary Collaboration is Essential for Understanding Artefactual or Artefactually Dependent Expert Evidence The Journal of Criminal Law (IF 0.6) Pub Date : 2024-01-23 Tim J Wilson, Jesper Bergman, Adam Jackson, Oliver B Popov
This article demonstrates a significantly different approach to managing probative risks arising from the complex and fast changing relationship between law and computer science. Law's historical problem in adapting to scientific and technologically dependent evidence production is seen less as a socio-techno issue than an ethical failure within criminal justice. This often arises because of an acceptance
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The Search and Seizure of Digital Materials Under Warrant and Protecting Privilege: Comparative Analysis and Recommendations for Best Practice The Journal of Criminal Law (IF 0.6) Pub Date : 2024-01-05 Rebecca Mitchell, Michael Stockdale, Francis A. Gilligan
Academic literature in England and Wales and New Zealand does not consider the protection of legal professional privilege where digital material is seized under a search warrant. Academic literature in the United States does engage with this subject but is not informed by a comparative approach. This article fills both gaps. It examines practices that have been developed by investigative teams and
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The Merits of Ambiguity: Provocation from the Irish Perspective The Journal of Criminal Law (IF 0.6) Pub Date : 2023-04-12 John E Stannard
The old common law defence of provocation has been abolished in many jurisdictions, including England and Wales and Northern Ireland, but it is still part of the law south of the Irish border. Up t...
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Coercive Control: Transforming Partial Defences to Murder in England and Wales The Journal of Criminal Law (IF 0.6) Pub Date : 2023-03-30 Amanda Clough
An abused person who kills their abuser remains a conundrum for law and justice. How do we adequately deal with this issue using the current defences to murder? The Coroners and Justice Act 2009 le...
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Women Who Kill Abusive Men: The Limitations of Loss of Control, Provocation and Self-Defence in England and Wales and Canada The Journal of Criminal Law (IF 0.6) Pub Date : 2023-03-30 Susan SM Edwards, Jennifer Koshan
In England and Wales, the Coroners and Justice Act 2009, (CJA), s. 55(3) introduced into statute ‘fear of serious violence’ as a ground (or ‘a trigger’) for loss of control manslaughter. It was int...
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‘Fit for Purpose in Today's Society?’: Reflecting on Provocation Pleas in Modern Scotland The Journal of Criminal Law (IF 0.6) Pub Date : 2023-03-29 Rachel McPherson
Provocation has been the subject of long-term, international scrutiny and is currently under consideration by the Scottish Law Commission as part of their review of homicide and defences to murder....
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The Trafficking Defence in Criminal Law: Nexus and Compulsion The Journal of Criminal Law (IF 0.6) Pub Date : 2023-01-19 Stephen Knight
The United Kingdom has accepted international obligations under the Palermo Protocol, the Council of Europe Trafficking Convention, and the EU Trafficking Directive, in relation to the non-prosecut...
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Rethinking Causation in English Criminal Law The Journal of Criminal Law (IF 0.6) Pub Date : 2023-01-19 Grant Firkins
This article challenges English criminal law's approach to causation. In doing so, it proposes replacing the standard tests of causation with a single test, known as ‘INUS’ causation – where a caus...
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The Forensic Ethics of Scientific Communication The Journal of Criminal Law (IF 0.6) Pub Date : 2022-12-08 Tony Ward
An important part of the work of forensic scientists is communicating accurate information to lay factfinders under conditions of uncertainty. It is an ethically demanding role as it obliges scient...
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The Contribution of Complicity The Journal of Criminal Law (IF 0.6) Pub Date : 2022-11-10 Matthew Dyson
Complicity provides a perfect place from which to take steps towards a doctrinally clear and coherent criminal law. In particular, by acknowledging in the complex mass of cases a requirement that t...
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Overwhelming Supervening Acts, Fundamental Differences, and Back Again? The Journal of Criminal Law (IF 0.6) Pub Date : 2022-11-10 Beatrice Krebs
Jogee established that, if the victim was attacked in a manner different to that which the accessory envisioned, the accessory will not be liable for a resulting death, provided the fatal act amoun...
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Reform of Anglo-American Complicity Law: Conduct, Connectivity and Comparative Solutions The Journal of Criminal Law (IF 0.6) Pub Date : 2022-09-18 Alan Reed
The challenge presented by extant Anglo-American complicity law is that it intractably homogenises different participatory modalities across a broad landscape of culpability, and ultimately the con...
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A Critical Analysis of the Law Commission's Proposed Cyberflashing Offence The Journal of Criminal Law (IF 0.6) Pub Date : 2022-09-15 Bo Wang
The Law Commission has proposed a new offence of cyberflashing to combat the problem of sending unsolicited images or videos of human genitals to others. It seems that what the Law Commission has i...
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Honour Suicide and Forced Suicide in the UK The Journal of Criminal Law (IF 0.6) Pub Date : 2022-08-09 Mukaddes Gorar
The article aims to explore the phenomenon of suicide in relation to honour based violence (HBV). Although HBV is explored in depth in relation to honour killing, forced marriage and female genital...
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Intercepted Communications as Evidence: The Admissibility of Material Obtained from the Encrypted Messaging Service EncroChat: R v A, B, D & C [2021] EWCA Crim 128 The Journal of Criminal Law (IF 0.6) Pub Date : 2022-07-25 Cerian Griffiths, Adam Jackson
The infiltration by police investigators of the EncroChat messaging service, dubbed the “Crime Chat Network” by major media outlets, has so far led to over 800 arrests and multiple prosecutions across Europe. This has included members of Organised Crime Groups (OCGs) engaged in serious and significant criminal offending. Encrypted digital data platforms are legal and there can be genuine and legitimate
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Cyber-Ticket Touting as Fraudulent Trading The Journal of Criminal Law (IF 0.6) Pub Date : 2022-06-16 Dennis Baker
This note examines the case of R v Hunter and argues that the offence of fraudulent trading requires the business itself to be used as an instrument of fraud. It is submitted that this offence is a financial offence found in the Company Act 2006 (with a corresponding offence in the Fraud Act 2006), because an integral aspect of a business is that it generates profits or at least its raison d’être is
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Decoration or Mutilation? Female Genital Piercing and the Law The Journal of Criminal Law (IF 0.6) Pub Date : 2022-06-06 Ruth Gaffney-Rhys
This article assesses the legality of Female Genital Piercing (FGP), which refers to the piercing of female genitalia to adorn it with jewellery, for decoration or sexual enhancement. The position in the UK is uncertain because the World Health Organisation regards piercing as a form of FGM, which is a criminal offence in all parts of the UK. After analysing the stance adopted by the international
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Prosecution of Victims of Trafficking: R v AAD, R v AAH, R v AAI [2021] EWCA Crim 106 The Journal of Criminal Law (IF 0.6) Pub Date : 2022-05-29
In three conjoined appeals, the Registrar of Criminal Appeals invited the Court of Appeal to give guidance on various matters relating to the prosecution of victims of trafficking (‘VOTs’).
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Proportionate? The Metropolitan Police Service Response to the Sarah Everard Vigil: Leigh v Commissioner of Police of the Metropolis [2022] EWHC 527 (Admin) The Journal of Criminal Law (IF 0.6) Pub Date : 2022-05-23 Ashley J. Lowerson
This judicial review case before the High Court of Justice concerned members of a collective called #ReclaimTheseStreets which planned to hold a vigil on Clapham Common on 13 March 2021, in memory of Sarah Everard. Ms Everard was murdered on the 3 March 2021 while walking home from Clapham to Brixton Hill, in South London. Wayne Couzens, a serving Metropolitan Police Service (MPS) officer later pleaded
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The Historical Development of Duress and the Unfounded Result of Denying Duress as a Defence to Murder The Journal of Criminal Law (IF 0.6) Pub Date : 2022-04-18 Amy Elkington
Duress provides an excuse to most crimes but since Howe is excluded to murder. This means someone who kills due to a fear of death or serious injury is denied the defence and instead faces a conviction, and life imprisonment, for murder. This article focuses on the origins of duress to establish that duress was introduced to excuse treason and as such was used to excuse unlawful killing. In Howe, rather
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A Fairy Tale Gone Wrong: Social media, Recursive Hate and the Politicisation of Drag Queen Storytime The Journal of Criminal Law (IF 0.6) Pub Date : 2022-03-21 Justin R. Ellis
Controversy over Drag Queen Storytime (DQS) childhood literacy events in many Western liberal democracies between 2018 and 2020 occurred within a broader rise in reported ‘hate crime’, notable in the United States and in England and Wales. Outrage from conservative US Christian anti-LGBTQ hate groups and activists, and far-right groups, included online bias-motivated harassment, in-person bias-motivated
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Sex Work, Hate Crime and the Criminal law The Journal of Criminal Law (IF 0.6) Pub Date : 2022-03-21 Teela Sanders, Jane Scouler, Rosie Campbell
It has been well established at a global level that sex workers are often victims of direct violence in the course of their work, targeted by their ‘perceived vulnerability’ as a marginalised group. In one police force in England (Merseyside) since 2006 they have addressed this victimisation through adopting a ‘hate crime’ approach to policing crimes against sex workers. The aims of this paper are
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Perceptions of Violence and the Self-Regulation of Identity for LGBTQ People in the UK The Journal of Criminal Law (IF 0.6) Pub Date : 2022-03-18 Alexander Maine
This article will focus on LGBTQ people's perceptions of violence in the United Kingdom in the years following the advent of same-sex marriage using original empirical evidence. These perceptions will be discussed by focussing on the awareness of hate crime legislation, the role of law in constraining homophobia alongside intersections of racism, and of the impact of civil law reform protecting LGBTQ
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A Comparative Analysis of Non-Fatal Strangulation Offences: Will the Proposed s. 75A Serious Crime Act 2015 Work for Victims of Domestic Violence and Abuse? The Journal of Criminal Law (IF 0.6) Pub Date : 2022-03-18 Vanessa Bettinson
This article examines the new offence of Non-fatal Strangulation s. 75A Serious Crime Act 2015, inserted by s. 70 Domestic Abuse Act 2021 and concludes that further re-drafting should be considered. The creation of a specific crime of non-fatal strangulation is an issue previously considered and legislated for by a number of legal jurisdictions and their experiences are a source that England and Wales
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Violence and Socio-Legal Interventions in Gender and Sexuality The Journal of Criminal Law (IF 0.6) Pub Date : 2022-03-11 Chris Ashford, Alexander Maine
Violence, Miller has argued, ‘is foundational to gender, and vice versa’,1 whilst Gersen and Suk noted in the US context following Lawrence v Texas2 that ‘violence and subordination are now the key concepts for illegal sex’3 with Fischel observing that ‘sex laws are today more calibrated to routing subordination and violence than to preserving marriage and morality’.4 In other words, as the legal landscape
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Inroads into the Ultimate Issue Rule? Structural Elements of Communication between Experts and Fact-Finders The Journal of Criminal Law (IF 0.6) Pub Date : 2022-02-17 Kyriakos N. Kotsoglou, Alex Biedermann
One of the most persistent questions in criminal evidence relates to the use of (unchallenged) expert evidence. What does it mean to accept or reject (unchallenged) expert evidence? To what extent can, and should, an expert enter jurisprudential territory? Is the traditional model of trial by jury viable in our complex world? In order to clarify these pressing questions, we will examine the evidential
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Released Under Investigation: High Time to Bail Out The Journal of Criminal Law (IF 0.6) Pub Date : 2022-02-15 Michael Hal Sosabowski, Ed Johnston
Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption against bail. The legislation permitted police to release suspects under investigation (RUI) which was permitted to last as long as the police required.
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Counter-Cultural Groups in the Age of Covid: Ravers, Travellers and Legal Regulation The Journal of Criminal Law (IF 0.6) Pub Date : 2022-02-09 Chris Ashford, Mark O’Brien
The Covid-19 pandemic once again brought into sharpened focus the contested relationships of marginalised groups in the criminal law sphere, and the liminal (re-)regulation of space. Over the course of the last four decades, the law has borne witness to an episodic yet regular intertwining of the fortunes of arguably two elements of Britain's counterculture: ravers and travellers, specifically ‘new
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Causing Serious Injury by Dangerous Driving: Time for a Sentencing Guideline?: R v Allen [2021] EWCA Crim 1405 The Journal of Criminal Law (IF 0.6) Pub Date : 2022-02-04 Adam Snow
This case comment concerns the the case of R v Allen [2021'] EWCA Cim 1405 involving the sentencing of a defendant for causing serious injury by dangerous driving. In particular it notes the absence of a dedicated sentencing guideline on causing injury by dangerous and careless driving and the inadequacy of the current practice of relying on the death by dangerous driving sentencing guideline.
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Causation, Remoteness and the Concept of the “Overwhelming Supervening Act”: R v Grant [2021] EWCA Crim 1243 The Journal of Criminal Law (IF 0.6) Pub Date : 2022-02-04 Beatrice Krebs
The main appellants, G and K, were, respectively, the front seat passenger and driver of a car, occupied by five people, that had been involved in a fatal hit and run. It was the prosecution case that the men had been cruising around, looking for V1 and V2, whom they intended to do really serious bodily harm. When V1 and V2 happened to cross the road in front of them, K accelerated and deliberately
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‘Should I Stay or Should I Go Now? If I Go There will be Trouble and if I Stay it will be Double': An Examination into the Present and Future of Protective Orders Regulating the Family Home in England and Wales The Journal of Criminal Law (IF 0.6) Pub Date : 2022-01-18 Ana Speed, Kayliegh Richardson
Occupation orders are the dedicated legal remedy through which victims of domestic abuse can be supported to remain in the family home following a relationship breakdown. Case law indicates, however, that victims experience barriers to securing orders due to the high threshold criteria and because concerns about protecting the rights of perpetrators has led to judicial reluctance to grant extensive
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Cyberflashing: Consent, Reform and the Criminal Law The Journal of Criminal Law (IF 0.6) Pub Date : 2022-01-18 Professor Clare McGlynn
In the context of growing calls for a new law criminalising cyberflashing – the digital distribution of penis images to another without consent – this article makes the case for a comprehensive, ‘consent-based’ criminal offence specifically targeting cyberflashing. It justifies this approach by examining the core wrongs of cyberflashing and suggests draft legislative text for such an offence. In making
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Erratum The Journal of Criminal Law (IF 0.6) Pub Date : 2021-12-01
Erratum to “Liable for Unlawful Assembly and Riot by Virtue of Liking or Comment on Social Media Platforms?” by Trevor TW Wan and Thomas Yeon. The Journal of Criminal Law. DOI: 10.1177/00220183211054691
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Expert Evidence, Hearsay and Victims of Trafficking: R v Brecani [2021] EWCA Crim 731 The Journal of Criminal Law (IF 0.6) Pub Date : 2021-12-01 Sean Mennim, Tony Ward
Case commentary of the Court of Appeal ruling in R v Brecani [2021] EWCA Crim 731.
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Conditional Consent and Sexual Crime: Time for Reform? The Journal of Criminal Law (IF 0.6) Pub Date : 2021-12-01 Ticiana Alencar
Statistics published by the government in 2021 highlight serious problems in England and Wales with a drop in prosecutions of sexual crimes. Part of this issue is attributed to the complexities around sexual consent and public understanding of it. This article highlights a particular problem in the law around conditional consent. It shows that the law on conditional consent is completely incoherent
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The Myth of Madness: Murderous Mothers and Maternal Infanticide The Journal of Criminal Law (IF 0.6) Pub Date : 2021-11-23 James Mason
The sex-specific doctrine of infanticide provides a merciful method of dealing with women who kill their newborn children in circumstances of psychological distress. This article examines the contentious medical rationale which underpins infanticide legislation with the purpose of providing a substantiated argument for the abolition of this antiquated doctrine. Specifically, a two-pronged approach
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Allowing a Defence to Those Who Commit Crime Under Coercive Control The Journal of Criminal Law (IF 0.6) Pub Date : 2021-11-01 Amy Elkington
Abused women who are coerced to commit crime have no adequate legal defence. Historically, martial coercion may have been pled, but since its repeal and lack of replacement, abused women have been left without adequate protection in the criminal justice system. Duress would seem to be the logical defence in such a situation, but its construction by the courts means that women are still left with no
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The Meaning of “Functions” in s.1(1) of the Assaults on Emergency Workers (Offences) Act 2018 The Journal of Criminal Law (IF 0.6) Pub Date : 2021-10-19 Neil Parpworth
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Sentence reductions for a guilty plea: The impact of the revised guideline on rates of pleas and ‘cracked trials’ The Journal of Criminal Law (IF 0.6) Pub Date : 2021-09-16 Julian V. Roberts, Jose Pina-Sánchez
In 2017, the Sentencing Council introduced a revised guideline for plea-based sentence reductions. The revisions were designed to provide greater certainty and to accelerate the timing of guilty pleas. Late pleas resulting in ‘cracked trials’ have long been a problem in the court system. The guideline was not intended to change the rate of defendants who plead guilty, but rather to increase the percentage
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Breaching an Embargo on the Publication of a Judgment: A Criminal Contempt of Court? Her Majesty’s Attorney General v Crosland [2021] UKSC 15 The Journal of Criminal Law (IF 0.6) Pub Date : 2021-09-06 Neil Parpworth
The present application was brought by the Attorney General. It concerned permission to pursue an application for committal for contempt relating to the alleged breach of an embargo on the publication of the judgment of the Supreme Court in R (Friends of the Earth Ltd) v Heathrow Airport Ltd [2020] UKSC 52. The alleged breach had initially been referred to the Attorney General by the President of the
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The Parole Board as ‘functus officio’: R (Dickins) v Parole Board [2021] EWHC 1166 (Admin) The Journal of Criminal Law (IF 0.6) Pub Date : 2021-08-13 Andrew Beetham
This origins of this case are highly dependent upon its facts, however, the resulting issues in the case were ones of legal principle. On 31 July 2002, the Claimant was convicted of murder and sentenced to the mandatory life sentence. His minimum term was set at 18 years, which expired in September 2019. Prior to the expiry of his minimum term, the Claimant was transferred to HMP Hollesley Bay open
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Abandoning dishonesty—A brief German comment on the state of the law after Ivey The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-27 Michael Bohlander
The debate about the two-pronged Ghosh test for dishonesty has troubled academics and practitioners alike for some time. Concerns were raised about the jury’s ability to determine both the objective honesty standards and the defendant’s personal compliance with it, which might result in non-meritorious personal views allowing her to escape a dishonesty verdict. In Ivey, followed by Barton and Booth
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Making an arrest in order to activate PACE entry and search powers: The Law Commission and a missed opportunity for clarification The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-23 Neil Parpworth
In October 2020, the Law Commission published a voluminous report marking the culmination of its project on search warrants. As might be expected, the report contains many recommendations. For present purposes, however, the focus of the discussion relates to a matter which was less significant in the context of the project as a whole, but of no little practical importance; whether an arrest under s
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Criminalising privacy in the digital age: The reasonable expectation of not being digitally monitored The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-21 Xiaoxiao Wang, Dennis J. Baker
In this essay, we try to present a case for having a general privacy offence. Privacy is about much more than voyeurism involving sexual exploitation. The recent offence of upskirting is too narrow to protect the broader set of privacy interests that exist in plural societies. Current technology means it is all too easy for the masses not only to spy, but to keep digital records of information that
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Offender-Centric Policing in Cases of Rape The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-16 Philip NS Rumney, Duncan McPhee
The article explores the idea of ‘offender-centric’ policing in cases of rape, with its focus on suspect and offender admissions and behaviours. It features discussion of 11 cases, illustrating offender-centric pathways to charge or conviction, the challenges facing complainants, suspects and police officers, along with missed opportunities to focus on a suspect’s behaviour. The importance of victim
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Murderous intent—The attitude of a murderer? The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-15 Gavin Leigh
There is a controversy in the definition of murder in England and Wales. This relates to ‘intention’ in the mental element, which can include the defendant’s foresight of death or grievous bodily harm (GBH) as ‘virtually certain’. This ‘oblique’ intent is criticised as morally under-inclusive. In this article, it is argued the crime can better capture those killings that should be categorised as murder
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Mistaking theft: Dishonesty ‘turns over a new leaf’ The Journal of Criminal Law (IF 0.6) Pub Date : 2021-07-08 Bo Wang
The common law doctrine of mistake of fact or civil law works as denial of offending, but dishonesty works as one of the definitional elements of crimes such as theft and fraud. It is argued in this article that the rulings in R v Barton [2020] 3 WLR 1333 and Ivey v Genting Casinos (UK) (trading as Crockfords Club) [2018] AC 391 do not change the doctrine of mistake of fact or civil law but do change