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The Council of Europe Convention on Action Against Trafficking in Human Beings stipulates a 'non-punishment principle' which provides for the possibility of not imposing penalties on victims for crimes they were compelled to commit. This paper investigates the UK's iteration of this principle: the statutory defence provided by section 45 of the Modern Slavery Act. Drawing on extant literature and relevant case law, this paper investigates current understandings of the statutory defence and the insights these provide into broader understandings of criminal exploitation. It demonstrates that while practitioners understand the processes of the legislation surrounding the defence, they are less knowledgeable about the nuances of modern slavery which therefore impacts the use and effectiveness of the defence. This paper challenges the basis upon which criminal law is applied, and its analysis makes an original contribution to recognising how misunderstandings of criminal exploitation can affect fairness in the criminal justice system. [ABSTRACT FROM AUTHOR]

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 community, the paper examines the legislation that criminalises FGM and considers whether FGP could fall within its scope. The paper concludes that female genital piercings could constitute FGM in limited circumstances, but even then, it may not be in the public interest to initiate a criminal prosecution. This lack of certainty is problematic for professional piercers who would welcome legislation providing an express exemption for genital piercings performed on consenting adult women. [ABSTRACT FROM AUTHOR]

This paper explores select themes relating to legal culture in European criminal justice post-Brexit by focusing on aspects of the common law trial process in the Irish courts. The incorporation of EU law and the ECHR within the domestic legal order has necessitated the nurturing of a constructive co-existence with the country's longer standing constitutional and common law traditions. Ireland and the United Kingdom have collaborated closely as common law Member States and the departure of the UK from the EU will affect Ireland's position in EU criminal justice in many and varied ways. Using the examples of victim participation in criminal trials and pre-trial access of suspects to legal assistance, the paper seeks to illuminate trends of consonance and dissonance in Ireland's relationship with European law. Drawing on the shared commitment to the protection of fundamental rights in the EU and the ECHR, the discussion reflects on some of the longer term implications of Brexit for the common law presence in European criminal legal culture. [ABSTRACT FROM AUTHOR]

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Ireland and the UK as regards the transfer of accused and convicted persons from one to the other. Indeed, there has been a special and close relationship between the two in that regard; albeit one not without difficulties. In recent times EU Justice and Home Affairs measures and the Good Friday Agreement have supplemented and strengthened the relationship. These include, since January 2004, the European Arrest Warrant (EAW). The EAW has been particularly important in streamlining the extradition process between the Ireland and the UK. This phase of history and co-operation is coming to an end. The UK's membership of the EU has now ceased, and a transition period during which the UK remains part of the EAW will end on 31st December 2020. The extradition relationship between the two is therefore facing a considerable challenge. There are several options open to Ireland, the UK and the EU as a replacement. Time, political will and the interests of third states, however, may well stand in the way of the conclusion of an agreement that optimally serves the interests of all parties and criminal justice. This paper considers the origins of extradition between the UK and Ireland and the alternative methods of extradition open to the UK and Ireland after Brexit. Consideration is given to the likely operation of a Norway-Iceland style agreement and whether such an agreement will be in place by the end of the transition and, if it was, whether its terms are likely to be sufficient for the needs of Ireland and the UK. The possibility of a bilateral arrangement on extradition between Ireland and the UK is also explored. Underlying the discussion is the critical point that the future extradition relationship must retain its 'special' characteristics, and therefore maintain the trust and good will that has developed over the years and given rise to an effective extradition relationship between the two countries. In other words, the lessons of history must be remembered. [ABSTRACT FROM AUTHOR]

The dark web and the proliferation of criminals who have exploited its cryptographic protocols to commit crimes anonymously has created major challenges for law enforcement around the world. Traditional policing techniques have required amendment and new techniques have been developed to break the dark web's use of encryption. As with all new technology, the law has been slow to catch up and police have historically needed to use legislation which was not designed with the available technology in mind. This paper discusses the tools and techniques police use to investigate and prosecute criminals operating on the dark web in the UK and the legal framework in which they are deployed. There are two specific areas which are examined in depth: the use of covert policing and hacking tools, known in the UK as equipment interference. The operation of these investigatory methods within the context of dark web investigations has not previously been considered in UK literature, although this has received greater analysis in the United States and Australia. The effectiveness of UK investigatory powers in the investigation of crimes committed on the dark web are analysed and recommendations are made in relation to both the law and the relevant Codes of Practice. The article concludes that while the UK has recently introduced legislation which adequately sets out the powers police can use during online covert operations and when hacking, the Codes of Practice need to specifically address the role these investigative tools play in dark web investigations. Highlighted as areas of particular concern are the risks of jurisdiction forum shopping and hacking overseas. Recommendations are made for reform of the Investigatory Powers Act 2016 to ensure clarity as to when equipment interference can be used to search equipment when the location of that equipment is unknown. [ABSTRACT FROM AUTHOR]

This article provides an overview of the latest developments in criminal procedure and practice pertaining to pre-trial defendants. It critically reviews the position regarding: failure to answer to bail, breach of pre-charge bail conditions and the considerations of granting bail with the liability to be rearrested following a breach of bail conditions (s. 72 of the Policing and Crime Act (PCA) 2017). In the eight years of Conservative government, criminal justice reform programmes have been seen as executing the extensive erosion of civil liberties. This article examines the enthusiastic enterprise set out in the PCA 2017 to deliver reform of the law on bail—and the consequences of failure to answer to bail following this reform. The first section of the article consists of a brief review of the early commitment to realign the State power with Britain's past underlying traditions of democracy, freedom, human rights and the rule of law, arguably, accentuated with the Protection of Freedoms Act 2012. This is followed by a discussion of the interaction between police officers and suspects, namely: (a) pre-arrest, and on arrest, (b) caution and legal rights and (c) detention. This section will discuss recent coarsening of that commitment regarding powers of arrest, detention, entry, bail and failure to answer to bail, for pre-trial defendants. The article then turns to outline and evaluate the juxtaposition of the Law Commission's Consultation Paper on Search Warrants. An analysis will then be made of the impact of s. 72 of the PCA 2017, before concluding with a critical evaluation of whether this change is a contemporary rapine of breach of bail, or a comparative necessity. [ABSTRACT FROM AUTHOR]

The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the relationship between the proposed capacity test and the abolition of the defence of doli incapax for children aged 10 or above. [ABSTRACT FROM AUTHOR]

This article considers the issue of romance frauds, a form of behaviour that has recently gathered significant public attention. A romance fraud operates by persuading a person to believe they are in a legitimate romance and then using that romance to extract money, gifts or other financial rewards from them. The emotional consequences of romance fraud can be significant, with victims often experiencing feelings akin to grief. This paper considers whether such behaviour should be considered a financial crime or whether the behaviour inherent within it means that it should be considered an offence against the person. [ABSTRACT FROM AUTHOR]

In its 2011 report Expert Evidence in Criminal Proceedings in England and Wales (Law Com No. 325), the Law Commission recommended that the admissibility of expert evidence in criminal proceedings should be governed by a new statutory regime comprising a new statutory reliability test in combination with codification and refinement of existing common law principles relating to ‘assistance’, ‘expertise’ and ‘impartiality’. The government declined to enact the Law Commission’s draft Bill due to a lack of certainty as to whether the additional costs incurred would be offset by savings. Instead the government invited the Criminal Procedure Rule Committee (CrimPRC) to consider amendments to the Criminal Procedure Rules (CrimPR) to introduce, as far as possible, the spirit of the Law Commission’s recommendations. The consequent amendments to CrimPR Part 33 (now CrimPR Part 19) in combination with the making of the new Practice Direction CrimPD 33A (now CrimPD 19A) by the Lord Chief Justice resulted in what he described in his 2014 Criminal Bar Association Kalisher Lecture as ‘a novel way of implementing an excellent Report’. This paper considers the possible evolution of the common law in light of these amendments, the challenges associated with adopting such a novel approach to reform and the potential opportunities for the improvement of expert evidence in criminal proceedings that the changes were intended to create. [ABSTRACT FROM AUTHOR]

The author comments on Great Britain's Law Commission Consultation Paper No. 195, entitled Criminal Liability in Regulatory Contexts, which seeks to restrain the deployment of regulatory criminal law. The highlights of the proposals are described. A discussion on the background of the consultation paper is also included. The author concludes that the commission is strongly of the opinion that criminal law should be used only where there is stigma and that it should not be used to simply to regulate behaviour.

This paper seeks to present issues relating to female genital mutilation/cutting (FGM) in a manner which is more socio-legal than is usual in this journal, partly because, while there is an important new statute, the Serious Crimes Act 2015, the accepted view of FGM across the world (e.g. mention is made below of Egypt) is that criminal law alone is most unlikely to prevent or deter FGM; this approach is very much that recently adopted in England and Wales and indeed in the other countries within the UK. Changing criminal law affecting women and girls at risk of FGM in the UK is, moreover, of little use if ‘vacation cutting’ (see below) takes place. Non-coercive means within a comprehensive strategy, including cross-agency action and utilising NGOs, seem in this arena to be more successful than coercive ones. Criminal law is dealt in this article within this socio-legal context and not in a freestanding manner as is usual. [ABSTRACT FROM AUTHOR]

The Law Commission will shortly begin discussions on reform of the law of non-fatal offences by issuing a scoping paper. This article starts with a review of recent improvements in the ways in which the Commission may get its Bills enacted. It then critiques the principal (to modern eyes) crimes of this kind found in the Offences against the Person Act 1861. Its focus lies on those offences and not the more policy-driven law, for example, on the transmission of HIV/AIDS, sado-masochism, male circumcision, and boxing (all of which are highly important). It concentrates on the Commission's previously expressed concerns that the statute's language is archaic and that the Act fails to provide a hierarchy (a 'ladder') of offences. It concludes with a redraft of the statute and a quote from Henry LJ in R v Lynsey that 'Bad laws cost money and clog up the courts with better things to do'. [ABSTRACT FROM AUTHOR]

This article presents an update on criminal law in Great Britain as of October 2011. The Police (Detention and Bail) Act 2011 has received Royal Assent in July. The Coroners and Justice Act 2009 (Commencement No. 7) Order 2011 was issued in June. A consultation paper has been published by the Sentencing Council on a guideline for the sentencing of burglary offences.

The problems associated with the use of expert evidence by the criminal courts have been the subject of ongoing controversy. The Law Commission of England and Wales has recently added its voice to the debate with the publication of a Consultation Paper on the admissibility of expert evidence. This article examines the current law governing the reliability of expert evidence. It analyses the Law Commission's recommendation for the creation of a new statutory rule which would require the trial judge to assess evidentiary reliability as a matter of admissibility. The authors chart the emergence of the US Daubert test, on which the recommendation is based, and consider the lessons to be learned from American experience. While welcoming the recommendation in principle, the authors argue that the crafting and implementation of the proposed admissibility requirement would present formidable challenges. [ABSTRACT FROM AUTHOR]

This article presents news and information related to criminal laws and legislation in Great Britain. The Criminal Procedure (Amendment No. 3) Rules 2007 that were made on December 18, 2007 will take effect on April 1, 2008. The Sentencing Guidelines Council published for consultation its revised consultation paper "Magistrates' Court Sentencing Guidelines." The Criminal Justice and Immigration Bill 2006-7 which was introduced to the House of Commons by the Ministry of Justice is at committee stage in the House of Lords.

The article provides updates concerning criminal law legislation in Great Britain. Three acts relevant to the criminal law received Royal Assent on November 8, 2006: the Armed Forces Act 2006, the Violent Crime Reduction Act 2006 and the Animal Welfare Act 200. The Fraud Act (Commencement) Order 2006 came into force on January 15, 2007. The Sentencing Advisory Panel issued a consultation paper on sentencing for offences of theft and dishonesty.

The article discusses various updates to English common law as of 2010. It cites provisions made to the Crime and Security Act 2010, and the Bribery Act 2010, which were both ratified on April 8. Amendments to the Criminal Justice Act 2003, take effect in England and Wales on May 1. A consultation paper has been issued by the Law Commission on reforming the law on public nuisance and outraging public decency.

The article offers updates on criminal law legislation in Great Britain. An overview of provisions of the Criminal Justice and Immigration Act 2008 that will be enforced on February 1 is provided. Closing date for responses to the Home Office's consultation paper titled "Controls on Deactivated Firearms" is Mary 25. The Coroners and Justice Bill 2009 was introduced on January 14.

The article presents updates on criminal law in Great Britain. The Serious Crime Act of 2007, which received Royal Assent in October 2007, creates a new offense of assisting crime and changes the proceeds of crime regime. The Law Commission published the consultation paper "The High Court's Jurisdiction in Relation to Criminal Proceedings" to resolve difficulties in applying the exclusionary rule which states that the High Court cannot review matters relating to trial on indictment. A guideline on Fail to Surrender to Bail has been published.

This section offers news briefs on criminal law and legislation in Great Britain as of October 2013. Royal Assent has been given to the Crime and Courts Act of 2013. The Sentencing Council introduced a consultation on proposals for updating guidance for judges and magistrates when sentencing fraud, bribery and money laundering offences. A consultation paper on hate crimes has been issued by the Law Commission.

This section offers news briefs on criminal law legislation in Great Britain as of 2012. It describes the Sexual Offences Act 2003 Order 2012, which was made on July 16, 2012. A Consultation Paper on deferred prosecution agreements was issued by the Ministry of Justice. The Home Office introduced the Crime and Courts Bill 2012-13 to the House of Lords.

This section presents updates on criminal law legislation in Great Britain. Amendments to the provision of legal aid included in the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are approved through an issuance of a Royal Assent on May 1, 2012. A consultation paper on the administration of sentences in the community is issued by the Ministry of Justice. A guideline on the sentencing of dangerous dog offenses issued by the Sentencing Council.

The article reports that the Sentencing Council published a consultation paper on September 15, 2011 on three aspects of sentencing. They include totality, offences taken into consideration, as well as allocation. The objective of the draft guidelines was to ensure that the principles in each areas of sentencing practice are applied across courts in England and Wales.

This article provides updates related to criminal law in Great Britain as of April 2011. The Identity Documents Act of 2010 received Royal Assent in December 2010 repealing the Identity Cards Act of 2006. The Ministry of Justice released a consultation paper on reforming the sentencing system. The House of Commons received the proposed Police Reform and Social Responsibility Bill of 2010.

The article presents an update on criminal law legislation in Great Britain as of December 2010. The Misuse of Drugs Act 1971 Order 2010 which took effect last July 23, 2010 specifies a group of cathinone derivatives as subject to control as Class B drugs under that Act. Responses to a Consultation Paper on Criminal Liability in Regulatory Contexts issued by the Law Commission on August 25, 2010 will be accepted until November 25.

In October 2016, the Court of Appeal handed down judgment in Norman, an appeal against conviction for misconduct in public office on the basis of information sold to a newspaper by a serving prison officer. The particular interest in the appeal, however, comes from its wider engagement of rights afforded by Article 10 ECHR and the interaction of that provision with voluntary disclosure. The decision highlights that where information about a source is provided voluntarily by a newspaper, the source will struggle to argue that Article 10 rights have been infringed. This article explores the existing law on journalistic privilege and highlights the gap in the precedents that means, even post Norman, there is no clear answer to a question likely to be increasingly important in times of closer scrutiny of the media. [ABSTRACT FROM AUTHOR]