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CRIMINAL LAW (28 journals)

Showing 1 - 28 of 28 Journals sorted alphabetically
American Criminal Law Review     Free   (Followers: 9)
American Journal of Criminal Law     Full-text available via subscription   (Followers: 12)
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 3)
Bergen Journal of Criminal Law & Criminal Justice     Open Access   (Followers: 2)
Berkeley Journal of Criminal Law     Open Access   (Followers: 6)
Cambridge journal of evidence-based policing     Hybrid Journal   (Followers: 59)
Derecho Penal y Criminología     Open Access   (Followers: 4)
European Criminal Law Review     Full-text available via subscription   (Followers: 15)
Howard Journal of Crime and Justice The     Hybrid Journal   (Followers: 16)
Indonesian Journal of Criminal Law     Open Access   (Followers: 3)
International Journal of Digital Crime and Forensics     Full-text available via subscription   (Followers: 11)
Journal of Criminal Law     Full-text available via subscription   (Followers: 415)
Journal of Criminal Law and Criminology     Full-text available via subscription   (Followers: 51)
Justitiële verkenningen     Full-text available via subscription   (Followers: 4)
Legal and Criminological Psychology     Full-text available via subscription   (Followers: 15)
Monatsschrift für Kriminologie und Strafrechtsreform / Journal of Criminology an Penal Reform     Hybrid Journal   (Followers: 2)
Money Laundering Bulletin     Full-text available via subscription   (Followers: 8)
New Journal of European Criminal Law     Full-text available via subscription   (Followers: 8)
PROCES     Full-text available via subscription   (Followers: 2)
Psychiatry, Psychology and Law     Hybrid Journal   (Followers: 458)
Revista Eletrônica de Direito Penal e Política Criminal     Open Access   (Followers: 1)
SASI     Open Access   (Followers: 6)
Sexual Abuse A Journal of Research and Treatment     Hybrid Journal   (Followers: 44)
Strafverteidiger     Hybrid Journal   (Followers: 2)
Te Wharenga : New Zealand Criminal Law Review     Open Access   (Followers: 1)
Tidsskrift for strafferett     Full-text available via subscription   (Followers: 2)
Tijdschrift voor Criminologie     Full-text available via subscription   (Followers: 2)
Western Criminology Review     Full-text available via subscription   (Followers: 6)
Similar Journals
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Journal of Criminal Law
Number of Followers: 415  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 0022-0183 - ISSN (Online) 1740-5580
Published by Sage Publications Homepage  [1118 journals]
  • Trafficked Victims and Appeals against Guilty Plea Convictions: R v S
           [2020] EWCA Crim 765
    • Authors: Sean Mennim
      Pages: 66 - 70
      Abstract: The Journal of Criminal Law, Volume 85, Issue 1, Page 66-70, February 2021.

      Citation: The Journal of Criminal Law
      PubDate: 2021-02-01T08:15:17Z
      DOI: 10.1177/0022018321989935
      Issue No: Vol. 85, No. 1 (2021)
       
  • The Lockerbie Aircraft Bombing Case and the Final Appeal
    • Authors: Robert Shiels
      Abstract: The Journal of Criminal Law, Ahead of Print.
      The only person against whom a charge of murder was proved in regard to the Lockerbie bombing case in 1988 had an appeal against conviction refused. A subsequent referral of the case back for further consideration by appellate judges was abandoned by the appellant. He was released on the statutory ground of compassion due to his imminent death. The appeal was revived after further investigation and fresh evidence and referred to the criminal appeal court for Scotland.
      Citation: The Journal of Criminal Law
      PubDate: 2021-03-10T09:52:53Z
      DOI: 10.1177/00220183211000568
       
  • Unfitness to Plead, Insanity and the Law Commission: Do We Need a
           Diagnostic Threshold'
    • Authors: James Mason
      Abstract: The Journal of Criminal Law, Ahead of Print.
      This article examines one aspect of the new test of effective participation at trial proposed by the Law Commission of England and Wales. This proposal aims to replace the current criteria for fitness to plead originating from Pritchard and developed more recently in M (John). Specifically, this article offers a critical examination of the Commission’s refusal to incorporate a so-called ‘diagnostic threshold’ within their proposed test. After reviewing the arguments for and against this decision, attention is drawn to the clear presence of diagnostic thresholds within other areas of law, such as the mental condition defence of insanity. Overall, the Commission’s proposals are a vast improvement upon the archaic rules of present day, and, contrary to the views of some scholars, their decision to omit a diagnostic criterion is no exception to this. In fact, the implications of this decision reach far beyond the particular context of unfitness proceedings and ultimately cast doubt on the significance of diagnostic thresholds in all areas of law. By focusing exclusively on the relationship between unfitness to plead and the defence of insanity, this piece demonstrates how both tests can be reformulated so as to avoid any explicit reference to a diagnostic criterion.
      Citation: The Journal of Criminal Law
      PubDate: 2021-02-19T10:05:18Z
      DOI: 10.1177/0022018321995430
       
  • Loss of Self-Control: A Reminder of the Particularly High Threshold: R v
           Dawson [2021] EWCA Crim 40
    • Authors: Mark Thomas
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2021-02-17T10:02:35Z
      DOI: 10.1177/0022018321996085
       
  • Uniforms and Proscribed Organisations: Does a Proscribed Organisation Need
           to be Named in a s 13 Charge' Barr v Public Prosecution Service [2020]
           NICA 46
    • Authors: Neil Parpworth
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2021-02-12T09:57:50Z
      DOI: 10.1177/0022018321994346
       
  • A Sexual Harm' HIV Transmission, ‘Biological’ GBH and Ancillary
           Sentencing Provisions in England and Wales
    • Authors: Cameron Giles
      Abstract: The Journal of Criminal Law, Ahead of Print.
      This article examines the scope and meaning of ‘sexual harm’ within the context of ancillary sentencing orders in England and Wales. It argues that the statutory definition provided in the Sexual Offences Act 2003, recently replicated in the Sentencing Act 2020, does not extend to the transmission of sexually communicable infections and that, subsequently, it is inappropriate for Sexual Harm Prevention Orders to be imposed with the aim of preventing transmissions of sexually transmitted infections (STIs). It suggests that recent case law reinforces this point and that the questions this raises reflect the broader need for further scrutiny of the aims and purposes of sentencing, and criminalisation more generally, in instances of STI transmission.
      Citation: The Journal of Criminal Law
      PubDate: 2021-02-08T09:36:34Z
      DOI: 10.1177/0022018321991097
       
  • Section 41 of the Youth Justice and Criminal Evidence Act 1999 and the
           Admissibility of Evidence Concerning Child Sexual Assault Complaints: R v
           Philo-Steele (Alexander) [2020] EWCA Crim 1016, Court of Appeal
    • Authors: Brian Brewis
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2021-02-08T09:36:02Z
      DOI: 10.1177/0022018321993309
       
  • Redrawing the Boundaries: The Adequacy of the Sexual Offences Act in
           Addressing Female Sexual Offending
    • Authors: Jeremy Robson, Lucy Newman, Andrew O’Hagan
      Abstract: The Journal of Criminal Law, Ahead of Print.
      Discussion around sexual offending traditionally focuses on the notion of male offenders and female victims. In this article, we argue that there is clear evidence that females commit offences and that males are often the victims of these offences. We discuss the evidence for this and the impact it has on the victims of these offences. We argue that the processes which have informed policy in this area have dismissed this class of offending and as a result the Sexual Offences Act and associated policies do not provide a clear enough framework for the prosecution of these offenders. We present some suggestions for how this lacuna could be addressed.
      Citation: The Journal of Criminal Law
      PubDate: 2021-01-18T10:02:17Z
      DOI: 10.1177/0022018320984451
       
  • Causing Death by Failing to Seek Medical Help: R v Broughton [2020] EWCA
           Crim 1093, Court of Appeal
    • Authors: Tony Storey
      First page: 62
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2021-01-19T12:01:11Z
      DOI: 10.1177/0022018320986630
       
  • Prisoner Transfer Within the Irish-UK Common Travel Area (CTA) After
           Brexit: Human Rights Between Politics and Penal Reform
    • Authors: Tim J Wilson
      Abstract: The Journal of Criminal Law, Ahead of Print.
      The UK Government proposed in February 2020 that sentenced prisoner transfers with EU member states should continue after Brexit, but using a more ‘effective’ process than the existing CoE convention. The article analyses, with a particular focus on the Irish-UK CTA, the significance of continued UK human rights compliance for the achievement of this objective and the interrelationship of this issue with extradition/surrender (including the surrender of fugitive prisoners). It is concluded that Brexit has most probably raised the level of formal and institutional human rights compliance (including legal aid/assistance and the direct enforcement of prisoners’ rights in domestic courts) required from the UK for criminal justice cooperation with EU member states. Entering into such undertakings would not assist criminal impunity or the evasion of lawfully imposed penalties. Such undertakings, however, cannot help to resolve many problems inherent in prisoner transfer within the EU. The creation of a truly effective and rehabilitative transfer system would require (a) constructive UK Government participation in inter-governmental (including the UK devolved governments)/EU arrangements capable of incrementally resolving or effectively mitigating criminal justice cooperation problems and (b) acceptance at Westminster that this aspect of post-Brexit readjustment is likely to be intermittent and of long-duration.
      Citation: The Journal of Criminal Law
      PubDate: 2020-12-23T10:22:39Z
      DOI: 10.1177/0022018320977527
       
  • Extradition Between the UK and Ireland After Brexit—Understanding the
           Past and Present to Prepare for the Future
    • Authors: Gemma Davies, Paul Arnell
      Abstract: The Journal of Criminal Law, Ahead of Print.
      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.
      Citation: The Journal of Criminal Law
      PubDate: 2020-12-10T10:10:13Z
      DOI: 10.1177/0022018320977531
       
  • Irish Criminal Trials and European Legal Culture: A Backdrop to Brexit
    • Authors: Liz Heffernan
      Abstract: The Journal of Criminal Law, Ahead of Print.
      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.
      Citation: The Journal of Criminal Law
      PubDate: 2020-12-08T10:00:33Z
      DOI: 10.1177/0022018320977530
       
  • Facilitating Cross-Border Criminal Justice Cooperation Between the UK and
           Ireland After Brexit: ‘Keeping the Lights On’ to Ensure the Safety of
           the Common Travel Area
    • Authors: Gemma Davies
      Abstract: The Journal of Criminal Law, Ahead of Print.
      Much of the cooperation on criminal justice matters between the United Kingdom and the Republic of Ireland is based on EU level instruments. While there has been consideration of the broader impact of Brexit on the Good Friday Agreement and consensus on the need to avoid a return to a hard border between Ireland and Northern Ireland, more detailed consideration has not been given to the effect that Brexit may have on continued criminal justice cooperation across the border. This article highlights the combined risks that Brexit presents for Northern Ireland in the form of increased criminality at a time when the loss of EU police cooperation mechanisms may result in a reduction of operational capacity and the removal of the legal architecture underpinning informal cooperation. Part 1 seeks to highlight the historical context of UK-Irish cooperation in policing matters. Part 2 explores the risk that post Brexit the Irish border may become a focus for criminal activity. The risks relating to increased immigration crime, smuggling of commodities and potential rise in terrorist activities are explored. Part 3 considers how the risks of increased criminal threats are exacerbated by the loss of EU criminal justice cooperation mechanisms and how this will affect UK-Irish cooperation specifically. Consideration is particularly given to the loss of information sharing systems. Part 4 considers how loss of EU level cooperation mechanisms could be mitigated. The viability of bilateral agreements between the UK and Ireland is considered alongside ways which police cooperation can be formalised to compensate for the potential loss of EU criminal justice information sharing systems. Nordic police cooperation is considered as a potential blueprint for the UK and Ireland.
      Citation: The Journal of Criminal Law
      PubDate: 2020-12-07T10:38:04Z
      DOI: 10.1177/0022018320977528
       
  • Criminal Justice Cooperation Between the UK and Ireland After Brexit:
           Special Edition
    • Authors: Gemma Davies
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2020-12-04T09:25:47Z
      DOI: 10.1177/0022018320977529
       
  • Not ‘Very English’ - on the Use of the Polygraph by the Penal System
           in England and Wales
    • Authors: Kyriakos N Kotsoglou, Marion Oswald
      Abstract: The Journal of Criminal Law, Ahead of Print.
      One of the most striking developments in the penal system in England and Wales is the increasing use of the polygraph by probation services. Despite severe criticism from scientific institutions and academic discourse, the legal order increasingly deploys the long-discredited polygraph in order to extract adverse statements from released offenders. Our article is structured as follows: First, we summarise the statutory and regulatory framework for the current use of the polygraph in the monitoring of sex offenders released on licence, and the proposed expansion of the polygraph testing regime as set out in the Domestic Abuse Bill and the Counter-Terrorism and Sentencing Bill respectively. We then review our findings in respect of governing policies and procedures uncovered by our FOI-based research, highlighting the concerning lack of consistency in respect of both practice and procedure. In the subsequent sections we set out the main arguments deployed by polygraph proponents, and posit our view that none of these arguments can withstand scrutiny. We conclude by proposing a moratorium on any further use of the polygraph by the State, in order to thoroughly evaluate its effect on the integrity of the legal order, human rights and, more generally, the Rationalist aspirations of the penal system. In addition, and given already existing law, we propose a process of independent oversight and scrutiny of the use of the polygraph in licence recall decisions and other situations impacting individual rights, especially police investigations triggered by polygraph test results.
      Citation: The Journal of Criminal Law
      PubDate: 2020-12-02T09:59:17Z
      DOI: 10.1177/0022018320976284
       
  • Criminalising Cyberflashing: Options for Law Reform
    • Authors: Clare McGlynn, Kelly Johnson
      Abstract: The Journal of Criminal Law, Ahead of Print.
      In this article, we examine the phenomenon of cyberflashing, outlining its prevalence, harms, and victim-survivors’ experiences. We then consider the extent to which English criminal law currently applies to this form of sexual abuse. We argue that although cyberflashing can be prosecuted in England and Wales, this is only in very limited circumstances; the existing law is confusing, piecemeal, has significant omissions, and consequently prosecutions are extremely unlikely. As such, the current criminal law in England and Wales is failing victim-survivors of cyberflashing. Due to its prevalence, its harmful impacts and similarities with other criminalised forms of sexual violence, comprehensive law reform, which appropriately addresses cyberflashing as a sexual offence, is now critical. Accordingly, we examine legislation in other jurisdictions where criminal laws targeting cyberflashing have been adopted, and provide recommendations for law reform: specifically, we recommend the development of a new criminal offence that purposely targets cyberflashing in all its forms.
      Citation: The Journal of Criminal Law
      PubDate: 2020-11-16T06:07:11Z
      DOI: 10.1177/0022018320972306
       
  • Effective Participation of Mentally Vulnerable Defendants in the
           Magistrates’ Courts in England and Wales—The ‘Front Line’ from a
           Legal Perspective
    • Authors: Helen Howard
      First page: 3
      Abstract: The Journal of Criminal Law, Ahead of Print.
      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.
      Citation: The Journal of Criminal Law
      PubDate: 2020-09-10T01:50:55Z
      DOI: 10.1177/0022018320957110
       
  • Revisiting the Precedential Status of Crown Court Decisions
    • Authors: Kwan Ho Lau
      First page: 17
      Abstract: The Journal of Criminal Law, Ahead of Print.
      The binding authority of substantive decisions made by the Crown Court in the exercise of its criminal jurisdiction is often assumed to be negligible. In 2013, the Court of Appeal appeared to confirm the correctness of that assumption. Yet there was little in the way of explanation or case law that was cited in support by the court. This article suggests that a re-evaluation of the place and treatment of such decisions within the doctrine of precedent is overdue, and considers that they should be recognised to have some binding effect if there is able to be established a reasonably satisfactory process to facilitate their systematic and public dissemination, whether electronic or otherwise.
      Citation: The Journal of Criminal Law
      PubDate: 2020-09-01T11:24:54Z
      DOI: 10.1177/0022018320954177
       
  • The Willed Trance: Volition, Voluntariness and Hypnotised Defendants
    • Authors: James Mason
      First page: 26
      Abstract: The Journal of Criminal Law, Ahead of Print.
      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.
      Citation: The Journal of Criminal Law
      PubDate: 2020-10-05T11:17:53Z
      DOI: 10.1177/0022018320963551
       
  • Inappropriate Adults' A Review of the Current Use of Appropriate
           Adults in the Criminal Justice System
    • Authors: Nick Dent, Sean O’Beirne
      First page: 44
      Abstract: The Journal of Criminal Law, Ahead of Print.
      Appropriate Adults (AAs) are an important procedural safeguard for young and vulnerable people in a criminal investigation. The significance of their role is recognised by Parliament in the Police and Criminal Evidence Act 1984 (PACE) and the appending Codes of Practice, most notably Code C.However, the ability of AAs as to perform their role is being impeded by a lack of clarity around their status and the rules that they are governed by. Often at the behest of lawyers, AAs are excluded from the conversations which lawyers have with their clients as a pragmatic solution to the uncertainty in the status of AAs. This means that AAs are rarely able to properly perform their vital role. Consequently, vulnerable people are not receiving the meaningful support they should receive. This represents a missed opportunity to protect the rights and interests of vulnerable people in the criminal justice system. When AAs are deployed effectively and appropriately, they can empower young or vulnerable suspects in an adversarial criminal justice system which, in turn, can help recalibrate the scales of justice to allow for a fairer outcome.This article will examine and critique the state of the current law, clarify the law on Legal Professional Privilege (LPP) and how that relates to Aas and propose a modest incremental extension to the principles of confidentiality to cover confidential discussions between AAs and young or vulnerable people in the criminal justice system.
      Citation: The Journal of Criminal Law
      PubDate: 2020-10-12T10:32:26Z
      DOI: 10.1177/0022018320963547
       
  • Confiscation Orders: Avoid a ‘Determination’ by ‘Taking a View’: R
           v Hilton (Northern Ireland) [2020] UKSC 29
    • Authors: Christopher Kirkbride
      First page: 54
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2020-11-12T08:15:18Z
      DOI: 10.1177/0022018320973486
       
  • Sentencing for Environmental Crimes: The Impact of the Sentencing
           Council’s Guideline: R (on the application of the Environment Agency) v
           Lawrence [2020] EWCA Crim 1465
    • Authors: Neil Parpworth
      First page: 58
      Abstract: The Journal of Criminal Law, Ahead of Print.

      Citation: The Journal of Criminal Law
      PubDate: 2020-12-28T09:32:09Z
      DOI: 10.1177/0022018320983611
       
 
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