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The project on which this paper is grounded is the first in-depth empirical study of the impacts of COVID-19 on each stage of the English and Welsh Youth Justice System. We take the notion of a child's right to a fair trial as the lens by which we detail the findings from our research. The paper documents the experiences of professionals working in the courts and children who had contact with the courts during the pandemic. While we concentrate on processes in England and Wales as an exemplar of the impact of COVID-19, recognising that globally, courts were experiencing similar challenges, initiates a discourse about how to re-envision their role in wider criminal justice systems in a COVID-19 world. Our research demonstrates an urgent need for renewed consideration of what support children need to effectively participate in court, and where and how children's cases should be heard. The pandemic demonstrated that creativity is possible and creates a timely opportunity to review the evidence and think more radically about a welfare-based, trauma-informed court process for children. [ABSTRACT FROM AUTHOR]

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 this sensitive and important area should be made. A Discussion Paper has previously been published for examination. Against this backdrop, we analyse whether sexual infidelity ought to be retained in extant Scots law, as one of only two relationally relevant qualifying triggers. In November 2023, the Law Commission in England and Wales announced its forthcoming review of domestic homicide given contemporary understandings of the impact of domestic abuse. We provide novel insights into Anglo-Scottish law to seek to recalibrate the understanding of coercive/controlling behaviour in the contextualisation of sexual infidelity killings. Our review highlights the ways in which allegations of (actual or perceived) sexual infidelity may be symptomatic of coercive control through consideration of recent case law, and via the lens of Monckton-Smith's eight stages to femicide. A risk assessment is utilised to demonstrate the extent to which victims of coercive controlling behaviour have their capacity for action delimited, and how this should inform deliberations in cases where the coercively controlled individual kills in response. A novel and original new template is promulgated for provocation reform predicated de novo on qualifying triggers of domestic abuse and gross breach of trust and with a part-justificatory – part excusatory standardisation. It is suggested that a new nomenclature and typology is required as extant Scottish law on provocation is out of step with contemporary social mores, and the law in England and Wales does not adequately address contextual factors, such as, ethnicity, culture, religion, sexuality, disability, and migrant status, which impact on a domestic abuse victim's capacity for action. It is further propounded that a social entrapment lens, drawing on initiatives crystallised from New Zealand and Australian academician perspectives, ought to be enacted as part of urgently needed effective remedial legislation. [ABSTRACT FROM AUTHOR]

Traditionally, jurists have distinguished between voluntary/involuntary behaviour via the theory of volition. Though perceived as the conventional approach, this paper argues that the volitional understanding of voluntariness is an inadequate instrument for assessing complex behaviours which seemingly portray a striking level of intelligence and purposiveness on the part of the accused. In particular, the phenomenon known as hypnotically-induced behaviour, which forms the focus of this paper, is one such troublesome case. To this end, the version of the volitional theory most staunchly advocated by Professor Michael Moore is singled out for scrutiny, due to his strong sentiments supporting the application of his philosophy to these aforementioned behaviours. In contrast to Moore, this paper suggests that the position most recently proposed by the Law Commission of England and Wales within their discussion paper on the defences of insanity and automatism is to be preferred. Specifically, the Commission recommend substituting the theory of volition for that of 'control' as a means for assessing the voluntariness of any given behaviour. This paper submits that a theory of control has two major advantages over the traditional theory of volitionalism. First, the possession/absence of control more accurately reflects the contemporary system of criminal law in England and Wales. Second, a theory of control is more conceptually defensible as an explanation for why behaviours performed under hypnosis are typically perceived as involuntary. [ABSTRACT FROM AUTHOR]

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 protection to victims. The options for providing protection to victims of abuse in respect of the family home are shortly set to be reformed by the Domestic Abuse Act 2021, which creates a new Domestic Abuse Protection Order (DAPO). It is anticipated that DAPOs will be easier to secure because they will have a lower threshold criteria, they will be available in family, civil and criminal proceedings, and both victims and third parties will be able to make an application thereby alleviating the burden on victims who feel unable to take any action. Whilst there is no intention at this point to repeal occupation orders, the Home Office has acknowledged that 'DAPOs will become the 'go to' protective order in cases of domestic abuse' suggesting that occupation orders will be replaced by DAPOs in most cases. By drawing on data obtained from an analysis of court statistics, a questionnaire of legal practitioners and domestic abuse specialists, and in-depth interviews with victims of domestic abuse, this paper offers original empirical insights into where the current law fails victims of domestic abuse. The analysis reveals three key barriers to securing occupation orders. Firstly, despite the Legal Aid, Sentencing and Punishment of Offenders Act 2012 making efforts to preserve legal aid for victims of domestic abuse, the means test is difficult for victims to satisfy, resulting in increases both to the number of victims taking no action to pursue protection and who act as litigants in person in occupation order proceedings. Secondly, the prospects of a victim securing protection can be adversely affected by their unrepresented status. Thirdly, despite case law indicating a less restrictive approach to granting occupation orders, many victims continue to struggle to satisfy the strict threshold criteria. Some judges are seemingly willing to bypass this by granting alternative remedies which may offer victims a weaker form of protection in respect of the family home. Where orders are granted, the data suggest this is on restricted terms and for limited durations which reduce their effectiveness at preventing post-separation abuse and supporting victims to regulate their short and longer-term housing situation. These empirical findings are then situated within a discussion of the Domestic Abuse Act 2021. The authors analyse whether forthcoming DAPOs are likely to offer a more accessible and effective form of protection than occupation orders. The analysis suggests that by increasing the scope of applicants, the breadth and flexibility of available protection and the sanctions for breach, DAPOs have the potential to remedy many of the existing barriers to securing protection over the family home. As is always the case with new legislation however, the key will be in its implementation, to ensure that existing issues are not simply transferred across to the new regime. The findings are novel because academic commentaries on protective injunctions typically focus on 'personal protection' offered by non-molestation orders, domestic violence protection orders, and restraining orders, meaning that both occupation orders and protection for victims in respect of the family home are under-researched areas of domestic abuse. [ABSTRACT FROM AUTHOR]

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 first, to review the implementation of the hate crime model applied to crimes against sex workers; second, to explore how police forces are adopting the policy across the UK, and the operational barriers to doing so; and third to explore the legal, theoretical and critical issues raised by treating crimes against sex workers as a type of hate crime through policing models. The conclusion weighs up some of the challenges to expanding the current law to include sex workers as a target group for increased protection, assessing that a fully funded policing approach may well be sufficient alongside law reform around decriminalisation of sex work. This article will draw on data from police forces in England. We acknowledge that much more work is needed to establish the sex work community's views on the value, if any, of the hate crime approach. [ABSTRACT FROM AUTHOR]

Mentally vulnerable defendants who struggle to effectively participate in their trial in the magistrates' courts are not receiving the same protection as those who stand trial in the Crown Court. The Law Commission for England and Wales recognised this lacuna and suggested that the law relating to effective participation should be equally applicable in the magistrates' courts. On closer examination of the law, the legal aid system and perspectives of legal professionals on the 'front line', it is clear that improvements in policy are of greater importance than legal reform and are more likely to meet the needs of these vulnerable individuals. The aim of this paper will be to demonstrate that reform of the law will be insufficient to adequately protect mentally vulnerable defendants in the magistrates' courts and that changes in policy are needed in place of, or alongside, legal reforms. [ABSTRACT FROM AUTHOR]

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 proliferation of statutory and common law powers that can be utilised to manage and control public protest gives the police a wide range of options to in any given scenario and requires a careful balance to be struck between the maintenance of order and facilitation of convention rights. This paper discusses a novel use of the criminal law of conspiracy and considers the potential benefits of this approach and the ramifications for the protection of convention rights. It is submitted that the controversial use of the criminal law against Chinese dissidents in the UK was perhaps a result of the law of unintended consequences arising from the development of a body of law that has been piecemeal and reactive. [ABSTRACT FROM AUTHOR]

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.

The article presents the author's views on the incidents which took place in the summer of 2011 in Great Britain and the role played by digital media in highlighting the events. According to the author, events including riots, phone hacking and the Wikileaks revelations, indicated that privacy of individuals is at risk. The author believes that public outrage over mobile phone hacking gave privacy a new respectability.

The article discusses the English approach to law and cites the battered woman syndrome as an example of the consequences of unprincipled law-making and blind adherence to tradition. It indicates that a battered woman who intentionally kills her abuser is guilty of manslaughter while another woman who fails to kill her abuser falls under murder. It suggests that the Law Commission should call a spade a spade and treat homicide cases in the same manner as far as the label is concerned.

The author comments on a research project conducted by the Institute of Criminal Justice at the University of Southampton in England to study the Integrated Offender Management (IOM) Programme. The IOM is a framework for bringing together local agencies to prioritise interventions with offenders who cause crime ar their locality. The key principles to IOM are explored.

This article discusses a court case involving an appellant who pleaded guilty to manslaughter by reason of diminished responsibility under section 2(1) of the Homicide Act 1957. He was convicted of murder before Ipswich Crown Court in England after the jury rejected the concessionary defence of diminished responsibility. A commentary on the said criminal law is included.

This article discusses the rule that criminal liability does not normally attach for the causing of emotional harm or mental distress in the absence of proof of a 'recognised psychiatric injury'. It considers what is involved in the diagnosis of psychiatric injury, and to what extent the difference between such injury and 'ordinary' mental distress is one of degree rather than one of kind. It reviews the situations in which the law already criminalises the infliction of emotional harm without proof of psychiatric injury, and assesses the policy arguments for drawing the distinction in the normal case. The article concludes that the law can and should adopt a more flexible approach to cases of this sort. [ABSTRACT FROM AUTHOR]

This article examines the phenomenon of the prosecution and punishment of animals in medieval and early modern Western legal systems. Animal trials are important because examining them can help us learn more about the functions of legal proceedings. The article considers potential explanations regarding these trials. With reference to Nicholas Humphrey's idea that the animal trials were the product of a search for order, the article subsequently argues that the notion that law can make sense of tragedies by defining them as the consequence of culpable conduct is illuminating in the context of contemporary English law. By conducting an analysis of a well-known contemporary criminal law case, the James Bulger trial, the article shows that one can plausibly interpret the outcome of certain significant modern cases as having the function of explaining tragedies in a relatively reassuring manner, and that this function may conflict with the requirement of ‘doing justice’. [ABSTRACT FROM AUTHOR]

The author offers an argument on the moral significance of the insanity defence from an Anglo-American point of view. He discusses the rationale for abolishing insanity defence. He presents a definition of criminal insanity. He cites the differing approaches towards the defence in the U.S. and English settings.

The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless’ crime. In joining these key criminal policy-making debates with academic study of white-collar crime, it will be suggested that as yet too little attention is being paid to ‘ambiguous’ popular perceptions of financial crimes for there to be confidence that the fraud offence will, in the words of the current Solicitor-General, ‘get the law right’. [ABSTRACT FROM AUTHOR]

The article presents updates on criminal law legislation. A number of statutory instruments have been made under the 2005 Act. The Serious Organised Crime and Police Act 2005 Order 2005 applies to England and Wales. It has brought in a number of the Act's provisions as from July 1, 2005. Section 112 of the act allows a constable to direct a person to leave a place if he believes, on reasonable grounds, that the person is in the place at a time when he would be prohibited from entering it by virtue of a post-conviction order or a license condition. Section 126 creates a new offence of harassment of a person in his home, by inserting a new section 42A into the Criminal Justice and Police Act 2001.