Journal articles: 'Crime and Disorder Act 1998'

1

Loveday, Barry. "The Crime and Disorder Act 1998 and Policing." Police Journal: Theory, Practice and Principles 73, no. 3 (January 2000): 210–30. http://dx.doi.org/10.1177/0032258x0007300303.

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Smith, Roger. "Foucault’s Law: The Crime and Disorder Act 1998." Youth Justice 1, no. 2 (August 2001): 17–29. http://dx.doi.org/10.1177/147322540100100203.

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Malik, Maleiha. "Part II: Crime and Disorder Act 1998—Racially Aggravated Offences." King's Law Journal 10, no. 1 (January 1999): 126–31. http://dx.doi.org/10.1080/09615768.1999.11427521.

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Piper, Christine. "The Crime and Disorder Act 1998: Child and Community 'Safety'." Modern Law Review 62, no. 3 (May 1999): 397–408. http://dx.doi.org/10.1111/1468-2230.00213.

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Malik, Maleiha. "'Racist Crime': Racially Aggravated Offences in the Crime and Disorder Act 1998 Part II." Modern Law Review 62, no. 3 (May 1999): 409–24. http://dx.doi.org/10.1111/1468-2230.00214.

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Muncie, John. "Institutionalized intolerance: youth justice and the 1998 Crime and Disorder Act." Critical Social Policy 19, no. 2 (May 1999): 147–75. http://dx.doi.org/10.1177/026101839901900202.

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Gilling, Daniel. "Surfing the Crime Net: UK Home Office Guidance on the Crime & Disorder Act 1998." Crime Prevention and Community Safety 2, no. 1 (January 2000): 51–54. http://dx.doi.org/10.1057/palgrave.cpcs.8140045.

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Moss, Katrina, and Ken Pease. "Crime and Disorder Act 1998: Section 17 A Wolf in Sheep's Clothing?" Crime Prevention and Community Safety 1, no. 4 (October 1999): 15–19. http://dx.doi.org/10.1057/palgrave.cpcs.8140032.

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Winterdyk, John, and Georgios Antonopoulos. "The British 1998 Crime and Disorder Act: A 'Restorative' Response to Youth Offending?" European Journal of Crime, Criminal Law and Criminal Justice 11, no. 4 (2003): 386–97. http://dx.doi.org/10.1163/157181703322759432.

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Jeremy, Anthony. "Practical Implications of the Enactment of the Racial and Religious Hatred Act 2006." Ecclesiastical Law Journal 9, no. 2 (April 11, 2007): 187–201. http://dx.doi.org/10.1017/s0956618x07000348.

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Legislators have normally exercised one of two options when enacting hate crime legislation. They either provide for punishment of ordinary criminal acts to be enhanced when the offence has been committed by reason of prejudice or hatred towards the victim, or they pass an Act which establishes an entirely new substantive offence. The United Kingdom Parliament adopted the first approach under the Crime and Disorder Act 1998, initially with regard to racially aggravated crimes and later in respect of religiously aggravated offences. In passing the Race and Religious Hatred Acts 2006, Parliament has taken the second approach and created a new substantive law. This paper considers the specific requirements that will need to be satisfied in order to establish the offence and some issues that arise in relation to proof of intention, relevance of motive and the nature of the language required to constitute hatred, in the light of the concession to freedom of speech contained in the statute.

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Moss, Kate. "Crime Prevention v Planning: Section 17 of the Crime and Disorder Act 1998. Is it a Material Consideration?" Crime Prevention and Community Safety 3, no. 2 (April 2001): 43–48. http://dx.doi.org/10.1057/palgrave.cpcs.8140088.

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12

Jones, Denis. "Book Review: Inter-agency Partnerships in Youth Justice: Implementing the Crime and Disorder Act 1998." Youth Justice 1, no. 2 (August 2001): 59. http://dx.doi.org/10.1177/147322540100100208.

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Loveday, Barry. "The 2003 Licensing Act: Alcohol Use and Anti-Social Behaviour in England and Wales." Police Journal: Theory, Practice and Principles 78, no. 3 (September 2005): 191–208. http://dx.doi.org/10.1350/pojo.2005.78.3.191.

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This article considers the potential impact of the Licensing Act 2003 and the nature of change that may be expected to result from extended opening hours. It looks at recent trends in crime and evidence of the growing significance of alcohol-related offences in England and Wales. It notes that while violent crime as identified by the British Crime Survey continues to fall, there has been a marked increase in ‘stranger violence’ that may be linked to the growth of the night-time economy in many UK towns and cities. The article analyses recent data concerning the use of alcohol by young people and ‘binge drinking’, and it also considers the current debate over the implementation of the Licensing Act, particularly the ability of local residents to influence the determination of extended opening hours. It reviews the role of the local authority as a licensing authority and the potential problem of appeals by licensees against decisions made by the new licensing authority. The article assesses the implications of such appeals in relation to section 17 of the Crime and Disorder Act 1998 and the pervasive influence of the drinks industry in contemporary society.

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Nixon, Judy, and David Prior. "Disciplining Difference – Introduction." Social Policy and Society 9, no. 1 (December 9, 2009): 71–75. http://dx.doi.org/10.1017/s1474746409990200.

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Addressing anti-social behaviour (ASB) has been a major policy priority of New Labour since it came to power in 1997. This is reflected in a series of legislative powers enabling a range of agencies to take legal action to tackle ASB (e.g. Crime and Disorder Act 1998; Police Reform Act 2002; Anti-Social Behaviour Act 2003; Serious Organised Crime and Police Act 2005) and in a number of national policy initiatives (e.g. the Home Office ‘Together’ Campaign, 2003; the Respect Action Plan, 2006; the Youth Task Force Action Plan, 2007). These developments are the subject of a growing body of academic analysis and critique, much of which has focused on the use of the ASB powers in the regulation of particular neighbourhoods and communities, especially social housing areas of predominantly White working-class residents (Burney, 2005; Flint, 2006), and of young people, again mostly White and working class (Squires and Stephen, 2005). Specific service or practice developments arising out of ASB policy have also been analysed, for example, Family Intervention Projects (Nixon et al., 2006, 2008), Anti-Social Behaviour Teams (Prior et al., 2006), and the use of ASBOs (Squires, 2006; Matthews et al., 2007) and Dispersal Orders (Crawford and Lister, 2007).

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Haines, Kevin, and Stephen Case. "Promoting Prevention: A Multi-agency Initiative to Prevent Youth Offending Through Consultation in Swansea Schools." Youth Justice 4, no. 2 (August 2004): 117–32. http://dx.doi.org/10.1177/147322540400400204.

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The purpose of this article is to set out Swansea’s response to the Crime and Disorder Act 1998 and related matters, which encompasses an explicitly universal, positive and young person-focused approach to crime prevention. This stands in contrast to more controlling or punitive practices developed elsewhere. Research into the multi-agency, multiple intervention Promoting Preventionprogramme has utilised an interactive, computer-based questionnaire with young people aged 11-15 to identify risk and protective factors associated with youth offending in Swansea. This has enabled the Promoting Preventionsteering group to begin to target appropriate interventions to reduce and prevent youth offending, as reflected in the decrease in official offending locally.

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Walters, M. A. "Conceptualizing 'Hostility' for Hate Crime Law: Minding 'the Minutiae' when Interpreting Section 28(1)(a) of the Crime and Disorder Act 1998." Oxford Journal of Legal Studies 34, no. 1 (August 30, 2013): 47–74. http://dx.doi.org/10.1093/ojls/gqt021.

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Pierpoint, Harriet. "A Survey of Volunteer Appropriate Adult Services in England and Wales." Youth Justice 4, no. 1 (April 2004): 32–45. http://dx.doi.org/10.1177/147322540400400104.

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The Crime and Disorder Act 1998 (CDA) s. 38(4)(a) required local authorities to ensure the provision of appropriate adults for young people and CDA s. 39(7)(a) provided that it was Youth Offending Teams’ duty to co-ordinate such provision. Bearing in mind the virtual absence of any guidance, the first published national survey of Youth Offending Team managers was conducted to determine the nature of appropriate adult arrangements. This article reports on the issues that emerged concerning management, protocols, recruitment and selection, training, monitoring and support, which will be of particular interest to those engaged in the establishment and maintenance of appropriate adult services. Of broader interest, this article concludes that as appropriate adult arrangements differ between Youth Offending Teams (YOTs) across England and Wales, the nature and quality of services for young people in police custody inevitably varies.

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Owusu-Bempah, Abenaa. "Prosecuting hate crime: procedural issues and the future of the aggravated offences." Legal Studies 35, no. 3 (September 2015): 443–62. http://dx.doi.org/10.1111/lest.12072.

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In 2012, the Ministry of Justice asked the Law Commission to examine the case for extending the racially and religiously aggravated offences in the Crime and Disorder Act 1998, so that they also cover disability, sexual orientation and transgender identity. The terms of reference for the project were narrow, and did not include an examination of whether the existing offences are in need of reform. The Commission recommended that before a final decision is taken as to whether the offences should be extended, a full-scale review of the operation of the existing offences should be carried out. This paper contends that, in determining the future of the aggravated offences, consideration should be given to the procedural difficulties that can be encountered during the prosecution stage of the criminal process. The paper highlights a number of significant procedural problems that arise from the structure of the existing aggravated offences. These problems are largely related to alternative charges, whereby the prosecution charge both the aggravated offence and the lesser offence encompassed within it, and alternative verdicts, whereby the jury can convict of the lesser offence if the aggravated element is not proven. This paper argues that the procedural problems, coupled with a failure to properly understand the offences, can lead, and have led, to unfair outcomes. If the offences cannot be prosecuted effectively, they become little more than an empty gesture to those affected by hate crime, and this may be counterproductive. Procedural problems also put defendants at risk of wrongful conviction. The paper concludes that the preferred way forward would be to repeal the racially and religiously aggravated offences and rely on sentencing legislation to deal with hostility-based offending.

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Ghajati, B., S. Ghezaiel, R. Chebbi, I. Berrahal, and R. Ridha. "When Patients With Paranoia Commit Medicolegal Acts: A Descriptive Study." European Psychiatry 33, S1 (March 2016): S458. http://dx.doi.org/10.1016/j.eurpsy.2016.01.1666.

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Patients with paranoia have always been an attractive and redoubtable group of mentally ill to mental health professionals. In fact, beyond complex psychopathology and relatively better functioning, these patients do represent a real threat to themselves and their presumed persecutors.ObjectivesTo explore criminological aspects of medicolegal acts committed by patients with paranoia.MethodsWe conducted a retrospective and descriptive study, based on medical charts consult. Were included, patients suffering from paranoia (persistent delusional disorder: jealous/persecutory/erotomania type, DSM-IV), hospitalized in the forensic psychiatry department of Razi hospital between 1995 and 2015. This psychiatry department provides medical care for male patients not held by reason of insanity, according to article 38 of the Tunisian Criminal Code. Patients’ socio-demographic characteristics were collected as well as criminological details of their acts of violence (victim, weapon type, crime scene, premeditation…).ResultsWe collected 23 patients. Delusional disorder types were: jealousy (17), persecution (4), erotomania (1) and claim (1). The majority was married (18), undereducated (17), with irregular work (13). Forensic acts were uxoricide (15), attempted murder (5), violence against people (2) and destruction of public properties (1). Patients used bladed weapon in most of the cases (13), in the victim's residence (19), with premeditation in (17) of the crimes. Nine patients reported their act of violence to the authorities.ConclusionOur results do expose further data concerning potential dangerosity of patients with delusional disorders, and by that invites mental health professionals to prevent these acts with screening for violence predictors and risk factors.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Dinovitzer, Ronit. "The Myth of Rapists and Other Normal Men: The Impact of Psychiatric Considerations on the Sentencing of Sexual Assault Offenders." Canadian journal of law and society 12, no. 1 (1997): 147–69. http://dx.doi.org/10.1017/s0829320100005238.

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AbstractCanadian sentencing commissions have recommended that mental illness be considered as a mitigating factor in sentencing. With respect to sexual assault, some feminist literature asserts that over-reliance on psychiatric factors not only absolves the offender, but also serves to reinforce the myth that “normal” men do not rape women and children. In this study, data were collected on 97 Canada-wide sexual assault sentencing decisions from 15 August 1992 through 15 August 1993. This research does not find support for the hypothesis that sexual offenders are typically characterized as suffering from a mental disorder. Furthermore, using multiple regression, an interaction between judicial perception of the severity of the crime and judicial mention of psychiatric factors is found. The data show that psychiatric factors interact with perceptions of force, actually leading to harsher sentences. The impact of this variable turns out to be the opposite of what the literature would expect one to find: judicial perceptions of mental disorder act as aggravating factors in the sentencing of sexual assault offenders when a judge also believes that force has been used in the commission of the offence. The results of this research are then interpreted within the context of labelling theory.

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Howarth-Lees, Danielle, and Kevin Woods. "A systematic literature review exploring the role of the educational psychologist in supporting youth justice services." Educational and Child Psychology 39, no. 2 (June 2022): 11–27. http://dx.doi.org/10.53841/bpsecp.2022.39.2.11.

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This systematic literature review (SLR) aims to explore the current role and functions of educational psychologist (EP) practice within youth justice work. The Crime and Disorder Act (1998) requires all local authorities (LAs) to have a multi-agency team (incorporating health, education, care, police and probation agencies) whose role is to support children and young people known to the Youth Justice System, with the aim of tackling the multi-faceted risk factors linked with youth offending. However, a review of the Youth Justice System by Charlie Taylor (2016) highlighted that there was often little knowledge about education and learning development amongst youth justice professionals (YJPs), and that emotional and mental health needs of those within the system were rising. This, along with the government proposal to develop child psychology knowledge amongst YJPs (Ministry of Justice, 2016a), suggests there is place for EP involvement. Searches of six databases and reference harvesting yielded 10 studies which met eligibility criteria. These were assessed for methodological quality and appropriateness of focus. Though the small number may be viewed as a limitation, it highlights the need for research within this area. The findings of this SLR contribute to the understanding of how the functions of the EP role can be utilised in supporting youth justice services. It concludes with exemplifying how the functions enable EPs to work as scientist-practitioners within complex, real-world contexts, such as youth justice work.

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Ryrie, Neil. "Working with a Youth Offending Team: Personal perspectives on challenges and opportunities for the practice of educational psychology." Educational and Child Psychology 23, no. 2 (2006): 6–14. http://dx.doi.org/10.53841/bpsecp.2006.23.2.6.

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This discussion paper describes the role of an educational psychologist (EP) working in a Youth Offending Team (YOT). The recent political and legislative history leading to the establishment of YOTs is set out and their main functions are described. The evidence of the relationships between offending behaviour in young people, on the one hand, and educational failure and individual vulnerability, on the other, is summarised in order to argue that working to reduce offending behaviour is of central interest to local education authorities (LEAs) and to EPs. YOTs were established under the Crime and Disorder Act 1998. This legislation introduced a range of initiatives which reflected the desire to get to the roots of complex and often seemingly intractable difficulties presented by young people who offend. To achieve this, a broader range of professionals was to become involved in working with young offenders. YOTs are genuinely multi-professional as well as multi-agency bodies; consequently the lessons learned from them can be used to anticipate some of the issues that are likely to arise in the move toward integrated children’s services. The paper goes on to identify a number of challenges and opportunities that are faced by an EP working in such a setting. The significance of these challenges and opportunities for EPs more generally are also explored. The paper concludes that EPs can have a considerable role to play in working not only with young people who offend but also with the teams created to work with offenders.

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Calitz, F. J. W., P. H. J. J. Van Rensburg, C. Fourie, E. Liebenberg, C. Van den Berg, and G. Joubert. "Psychiatric evaluation of offenders referred to the Free State Psychiatric Complex according to sections 77 and/ or 78 of the Criminal Procedures Act." South African Journal of Psychiatry 12, no. 3 (September 1, 2006): 4. http://dx.doi.org/10.4102/sajpsychiatry.v12i3.66.

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Background. The increase in crime is a problem of great concern in South Africa and complications arise when the accused is mentally ill.Objective. Analysis of the offenders referred to the Free State Psychiatric Complex from 1995 to 2001 according to section 77 (triability) and/or section 78 (accountability) of the Criminal Procedures Act (Act 51 of 1977).Method. The study population consisted of 514 persons awaiting trial in the Free State. They were referred to the Free State Psychiatric Complex for 30 days’ observation from 1995 to 2001. A data form was created and used to transfer the relevant information from the accused’s clinical files.Data analysis. The data collected were analysed by the Department of Biostatistics at the University of the Free State.Results. The majority of the offenders were male (94.6%) and unmarried (66.3%). The median age of the group was 30 years. The unemployment rate was 60%. Most of the referrals (84.2%) were in terms of sections 77 and 78. The accused were found to have mainly average intelligence (75.3%). The main offences were theft (27.8%), murder (18.9%), assault (18.1%) and rape (16.2%). The most common mental disorder diagnosed was schizophrenia (23.0%), with 54.3% having no mental disorder. Nearly half the offenders (48.6%) were found to be triable and accountable.Conclusion. The majority of the offenders referred for psychiatric observation were found to have no mental illness and were referred back to the courts. This results in high costs for the Department of Health. To reduce the high rate of unnecessary referrals it is recommended that courts give clear reasons for the referrals according to each section (77 and 78).

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Laing, Judith. "Mentally disordered offenders: Sentencing policy under the Crime (Sentences) Act 1997." Journal of Forensic Psychiatry 9, no. 2 (September 1998): 424–34. http://dx.doi.org/10.1080/09585189808402208.

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Thomson, Lindsay D. G. "Crime and Punishment (Scotland) Act 1997: relevant provisions for people with mental disorders." Psychiatric Bulletin 23, no. 2 (February 1999): 68–71. http://dx.doi.org/10.1192/pb.23.2.68.

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Ravenscroft, Lynne. "Youth Courts: The Crime and Disorder Act and Beyond." Criminal Justice Matters 41, no. 1 (September 2000): 24–25. http://dx.doi.org/10.1080/09627250008552985.

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Schuller, Nina. "Implementing Section 17 of the Crime and Disorder Act." Safer Communities 5, no. 1 (January 2006): 25–34. http://dx.doi.org/10.1108/17578043200600005.

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Lusted, Steve, Michelle Burns, and Oscar Ramudo. "Crime and Disorder Act Review 2006: implementing the findings." Safer Communities 5, no. 4 (October 2006): 13–16. http://dx.doi.org/10.1108/17578043200600029.

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Murphy, Caryn. "Network television writers and the ‘race problems’ of 1968." Journal of Screenwriting 10, no. 3 (September 1, 2019): 307–21. http://dx.doi.org/10.1386/josc_00006_1.

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This article examines the development of television scripts in the crime drama genre within the context of US commercial broadcasting in the network era. In 1968, public discourse around race relations, civil rights and violence reached a height following the assassinations of Martin Luther King, Jr and Robert F. Kennedy, and the release of a government study on urban uprisings by the National Advisory Commission on Civil Disorders. Ironside (1967‐75, NBC) and N.Y.P.D. (1967‐69, ABC) are two crime dramas that drew on recent events related to black militants and white supremacy in order to appeal to viewers with socially relevant entertainment during this time. The archival records of screenwriters Sy Salkowitz and Lonne Elder make it possible to trace the development of one episode from each series over the course of multiple drafts. This analysis of the script development process explores the relationship between public discourse, industrial context, commercial agendas and creative priorities. Ironside and N.Y.P.D. are both crime dramas, but an examination of both series yields points of divergence which help to illustrate the norms of the network system in terms of act structure, genre tropes, and the oversight of standards and practices.

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Mangku, Dewa Gede Sudika, Ni Putu Rai Yuliartini, and Ayu Nadya Gayatri. "Crimes of Genocide in the Viewpoint of International Criminal Law." IJCLS (Indonesian Journal of Criminal Law Studies) 7, no. 1 (June 1, 2022): 17–38. http://dx.doi.org/10.15294/ijcls.v7i1.34648.

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Genocide is one of the crimes that are included in gross violations of Human Rights (Human Rights) where this crime is related to ethnic cleansing which is also included in crimes against various political groups because it is difficult to identify which causes an international problem in a country. The crime of genocide in international criminal law is an extraordinary crime and is a prohibited act which was later included in the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statutes of the International Criminal Tribunals for Rwanda (ICTR) and the 1998 Rome statute.

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Janosik, Steven M. "The Impact of the Campus Crime Awareness Act of 1998 on Student Decision-Making." Journal of Student Affairs Research and Practice 38, no. 3 (April 2001): 348–60. http://dx.doi.org/10.2202/1949-6605.1149.

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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS." Jambe Law Journal 1, no. 1 (July 9, 2018): 55–90. http://dx.doi.org/10.22437/home.v1i1.7.

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The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

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Arifin, Ridwan. "LAW ENFORCEMENT IN BANKING CRIMINAL ACT INVOLVING INSIDERS." Jambe Law Journal 1, no. 1 (July 9, 2018): 55–90. http://dx.doi.org/10.22437/jlj.1.1.55-90.

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The rise of news in the mass media related to burglary cases of bank customer funds further raises public awareness of the vulnerability of the banking sector used as a means (crimes through the bank) and as the target of crime against the bank. On the other hand, the awareness is intended to further convince each party that the bank in conducting its business activities must be managed and managed by parties who have integrity and good competence. The purpose of this research is to: (1) analyze and describe the implementation of the rule of law in handling banking criminal case involving insider; and (2) to know and analyze government efforts both preventive and repressive in handling banking crime cases in Indonesia, especially in cases involving insiders. The results showed that the implementation of law in handling banking crime cases in addition to using Law No. 10 of 1998 on Amendment to Law No. 7 of 1992 concerning to Banking (Banking Act), also used several provisions of article in the Criminal Code (KUHP) and Law No. 20 Year 2011 jo. Law No. 31 Year 1999 on the Eradication of Corruption. The role of Bank Indonesia in the enforcement of law in the form of investigation and/or forensic examination of banking crime that occurred in a bank which then the result of investigation is reported to law enforcement in accordance with applicable Criminal Procedure Code. Enforcement and prevention efforts are conducted jointly through the synergy of Bank Indonesia, the Police and the Attorney. In addition, Bank Indonesia also applied the principle of know your customer and compliance function as a preventive effort for banking crime. The weakness of internal controls is the cause of the ineffectiveness of handling of banking crime cases, especially those involving insiders, a memorandum of understanding between Bank Indonesia, the Police and the Attorney Office is only a moral obligation, should be more binding so that it can become one of the more powerful law enforcement tools.

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Gilling, Daniel. "Celebrating a decade of the Crime and Disorder Act? A personal view." Safer Communities 7, no. 3 (July 2008): 39–45. http://dx.doi.org/10.1108/17578043200800029.

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Laing, Judith M. "A Change of Direction in the Disposal of Mentally Disordered Offenders: The Impact of the Crime (Sentences) Act 1997." Medicine, Science and the Law 38, no. 4 (October 1998): 301–10. http://dx.doi.org/10.1177/002580249803800405.

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Griffith, Richard. "Use of hospital and limitation directions under the Mental Health Act 1983." British Journal of Nursing 32, no. 1 (January 12, 2023): 38–39. http://dx.doi.org/10.12968/bjon.2023.32.1.38.

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Richard Griffith, Senior Lecturer in Health Law at Swansea University, considers the use of hospital and limitation directions when sentencing a person with a mental disorder who has been found guilty of a crime

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Nel, Jeanne K. "The constitutional rights of children and the Prevention of Organised Crime Act 121 of 1998." Journal of Financial Crime 11, no. 2 (April 2004): 195–206. http://dx.doi.org/10.1108/13590790410809121.

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Nicol, Danny. "The Human Rights Act and the politicians." Legal Studies 24, no. 3 (June 2004): 451–79. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00257.x.

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Academic lawyers have commented extensively on the judicial interpretation of the Human Rights Act 1998, but the reaction of politicians to it has received less attention. This paper examines the trends in parliamentary attitudes to human rights by analysing Commons and Lords debates on the Human Rights Bill itself, the Terrorism Bill 1999–2000, the Anti-Terrorism, Crime and Security Bill 2001 and the Nationality, Immigration and Asylum Bill 2002. It also considers MPs' response to the Thompson and Venables and Anderson judgments, as well as Conservative attempts to amend the Human Rights Act. Against this background, it argues that the British polity can be characterised as a ‘contestatory democracy’, in which the system of fundamental rights protection is incomplete since it neglects Parliament's vital role in defining the Convention rights.

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van der Linde, DC. "An overview of the sentencing regime for gang members under the Prevention of Organised Crime Act 121/1998 and the potential for restrorative justice." Journal for Juridical Science 46, no. 2 (December 9, 2021): 55–78. http://dx.doi.org/10.18820/24150517/jjs46.i2.3.

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Sec. 10 of the Prevention of Organised Crime Act 121 of 1998 creates a sentencing regime for those found in contravention of the substantive gang-related offences under sec. 9. This contribution provides a brief overview of the sentencing options available when found guilty of one of these substantive offences, against the backdrop of the general principles of sentencing in South Africa. The potential role of restorative justice in gang-related cases is also considered.

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Akhtar, Zia. "Child Sex Grooming." European Journal of Crime, Criminal Law and Criminal Justice 22, no. 2 (April 11, 2014): 167–96. http://dx.doi.org/10.1163/15718174-22022045.

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There was a recent trial of Asian men for sexually grooming white girls at the Old Bailey which led to their conviction in R v Akhtar Doggar and others (27/6/13). This has intensified the debate if this a ‘cultural’ crime and more prevalent in men from ethnic minorities. The accusation that it is culture specific has brought with it the risk of racial discrimination and breach of the Human Rights Act 1998, under the Right to a Fair Trial. The indictment for sexual grooming falls with the Sexual Offences Act Section 15 that concerns internet grooming. The theory that on street grooming, which consists of more than one offence is about the extracurricular sexual activities of the Pakistani immigrant communities needs examination as well as the dysfunctionality of the victims that present an opportunity for crime. There needs to be an assessment of the racial profiling and the transfer of guilt to Asian men and the possibility of racial bias in holding them blameworthy. The paper argues for an objective evaluation based on current research in order to separate the elements of the crime, understand the background of its commission, and for the ecological changes that will remove the dereliction of urban hubs where crime thrives.

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Kinscherff, Robert. "Proposition: A Personality Disorder May Nullify Responsibility for a Criminal Act." Journal of Law, Medicine & Ethics 38, no. 4 (2010): 745–59. http://dx.doi.org/10.1111/j.1748-720x.2010.00528.x.

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A criminal offense requires two elements. First, it requires proof of misconduct that is specifically prohibited by law (actus reus). Second, it requires proof of sufficient intention or recklessness (mens rea) to warrant assignment of moral culpability for the act. For example, a person who kills another person intentionally is typically guilty of murder, while a person who kills recklessly or in the heat of passion in response to provocation may be guilty of manslaughter, and a person who kills accidentally is not guilty of any crime. Even if the elements of the offense have been proven by the prosecution, the actor may not be punishable if the defense proves that his conduct was either justified (e.g., self-defense) or excused (e.g., duress).

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Society, Law. "The Law Society’s Response to the Draft Mental Health Bill." International Journal of Mental Health and Capacity Law 1, no. 12 (September 5, 2014): 70. http://dx.doi.org/10.19164/ijmhcl.v1i12.168.

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The Law Society has long campaigned for reform of the Mental Health Act 1983 (‘the 1983 Act’), which is widely recognised as out of date and not fully compatible with the Human Rights Act 1998. However the Law Society believes that the proposals contained in the Draft Mental Health Bill 2004 (‘the Bill’) are misconceived and fail to provide adequate safeguards to protect the rights of people with a mental disorder.

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Zghal, M., F. Fekih Romdhane, F. El Ghali, M. Mezghani, L. Jouini, I. Ghazeli, and R. Ridha. "Homicide, borderline personality disorder and paraphilic disorder: A case report." European Psychiatry 41, S1 (April 2017): S594. http://dx.doi.org/10.1016/j.eurpsy.2017.01.915.

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IntroductionZoophilia consists of sexual intercourse by a human being with a lower animal. There is a paucity of literature on this paraphilia.MethodIn this paper, we report an uncommon case of homicide committed by a man with co-morbid borderline personality disorder and paraphilic disorder, and review the literature.Case reportMr SH was a single and unemployed 30-year-old male. He was hospitalized in our forensic psychiatric department following a dismissal for criminal responsibility for an act of attempted murder with premeditation. There was no history of any other psychiatric disorder, chronic physical illness or drug dependence. He complained that he had been suffering for the past ten years from sad mood, sleeplessness, loss of interest, and feelings of guilt worthlessness, and hopelessness. He had started sexual intercourse with animals eight years ago. He harbored feelings of guilt for his sexual experiences with animals. There was no formal thought disorder or perceptual abnormality. At the beginning of bestiality, he explained his unconventional behavior, by the fact that he had been bewitched, by his uncle's wife. Projective tests found borderline psychopathology. The crime occurred after a zoophilic sexual intercourse. Mr SH was obsessed with bewitchment thoughts, and got an uncontrollable urge to kill his uncle's wife. The crime was impulsive and violent. Psychiatric experts retained the diagnosis of co-morbid borderline personality disorder and other specified paraphilic disorder (DSM-5).ConclusionIn this case, we discuss the clinical and therapeutic challenges of this complex case, and the legal liability of Mr SH.Disclosure of interestThe authors have not supplied their declaration of competing interest.

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Bilqist, Nadiya Umiyatul. "Criminal Liability For Dissociative Identity Disorder That Doing Crime Of Murder." LIGAHUKUM 1, no. 2 (January 31, 2021): 201–11. http://dx.doi.org/10.33005/ligahukum.v1i2.29.

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In this thesis aims to determine the criminal liability against sufferers of dissociative idenity disorder who commit the crime of murder. This study uses normative juridical methods, namely research conducted by examining library materials or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. Sources of data obtained from literature books, existing research and applicable legislation. The results of the study concluded that a person with dissociative identity disorder could be a convicted of a criminal act of murder committed because he had fulfilled the element of criminal liability. The form of criminal liability is to apply the concept of accountability in strict liability so that the perpetrators can be sentenced to imprisonment in accordance with threat in artitcle 338 of the Criminal Code governing murder. Keywords: Criminal Liability, Dissociative Identity Disorder, Murder

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Mullins, Mark. "The new Mental Disorder Tribunal." International Journal of Mental Health and Capacity Law, no. 3 (September 8, 2014): 29. http://dx.doi.org/10.19164/ijmhcl.v0i3.300.

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In its final report the Expert Committee on reform of the Mental Health Act 1983 chaired by Professor Genevra Richardson proposed a new Mental Disorder Tribunal. This tribunal would have fundamentally different functions, composition, procedure and powers to the present Mental Health Review Tribunals (MHRTs). The Committee’s objective was not merely to repair the failings of the present MHRT system but to replace it with a new structure promoting the principles of patient autonomy and non-discrimination. Reading the Committee report and the Government’s Green Paper proposals in response together it soon becomes clear that the Government has rejected the recommendation that the new mental health law should be based on principles of autonomy and nondiscrimination. In their place the Green Paper puts “safety” and “risk”. While it will incorporate safeguards to ensure compliance with the Human Rights Act 1998, the “dual aims” of the new Mental Health Act are to be to ensure the health and safety of patients and safety of the public. Whereas the Committee saw the new tribunal as an active guarantor and promoter of individual rights the Green Paper recasts it as a body preoccupied with risk and safety, stating as a fundamental “principle” that: “Issues relating to the safety of the individual patient and of the public are of key importance in determining the question of whether compulsory powers should be imposed”

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Nrangwesti, Ayu. "BEBERAPA ASPEK YANG BERKAITAN DENGAN KEJAHATAN TERHADAP KEMANUSIAAN (CRIMES AGAINST HUMANITY) DALAM PERSPEKTIF HUKUM INTERNASIONAL." Hukum Pidana dan Pembangunan Hukum 3, no. 2 (April 30, 2021): 45–57. http://dx.doi.org/10.25105/hpph.v3i2.13125.

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Crimes against humanity are crimes that are classified as delict jure gentium, which have been in the spotlight since the trial of criminals from World War II. Because of the word humanity contained in it, this crime is difficult to understand because it has an abstract and broad value. The Study of crimes against humanity viewed from several aspect of international law.is a way to better understand these crimes. Crimes against humanity in the Rome Statute 1998 are regulated in Article 7. This article describes spesifically the forms ofcrimes agains humanity and their elements. Article 7 places a limit on the act of giving rise to this crime, only for an attack toward civilian population by a state authority. The aspect of universal jurisdiction is the hallmark of crimes against humanity. The universal principle does not pay attention to the area where the crime occurs and does not pay attention to nationality whether is passive or active. Law enforcement for trial and punishment to the perpetrators of this crime is carried out by the International Criminal Court on the basis of state compliance through state consent by ratification and other legally binding methods to the Rome Statute 1998. The state’s obligation to take preventive measures so that crimes do not occur and also prosecuting and punishing the perpetrators can be build as a model of state responsibility. The occurrence of the crimes in the state territorial sovereignity might allows humanitarian intervention by other states based on the doctrine of responsibility to protect, but with 2 (two) main and strict condition only, namely state unwilling and unable, and legalized by the UN Security Council.Key Words: Crimes Against Humanity, Rome Statute 1998, Universal Jurisdiction, Responsibility to Protect, State Compliance, State Obligation.

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Reddy, Purshottama S., and Jayanathan Govender. "Democratic decentralisation, citizen engagement and service delivery in South Africa: A critique of legislative and policy considerations." Africanus: Journal of Development Studies 43, no. 1 (November 14, 2018): 78–95. http://dx.doi.org/10.25159/0304-615x/5080.

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Negotiations to restructure and transform local government in South Africa commenced in 1993. Key roleplayers and stakeholders in local government were instrumental in adopting a negotiated local government model comprising three distinct phases during the constitutional development process. The Local Government Transition Act, 1993 (Act 209 of 1993) facilitated the process for the introduction of transitional local and metropolitan councils which constituted the first phase. Local government elections were held for the first time in November 1995 and May/June 1996 in seven provinces (and thereafter Western Cape and KwaZulu-Natal) constituted the second phase. Three fundamental legislative enactments, i.e. Local Government: Municipal Demarcation Act, 1998 (Act 27 of 1998); Local Government Municipal Structures Act, 1998 (Act 117 of 1998) and the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000), were critical to the final phase. Elections held in December 2000 marked the end of the transition period resulting in a reduction of municipalities from 843 to 283. There were two successful local government elections held thereafter on 26 March 2006 and more recently on 18 May 2011. Regular elections and the plethora of legislation introduced to consolidate the new dispensation have resulted in local democracy and decentralization being deeply rooted in the local governance system. The latter is an integral component of the local governance policy framework as the country has a diverse population of almost 50 million people. It is believed that a democratic and decentralised governance system will promote local development, address poverty reduction, facilitate civic engagement and ensure national integration. Local democracy, introduced seventeen years ago following the ushering in of the developmental state in 1994, has since been tried and tested. Despite ‘world class’ legislation and a ‘best practice’ local governance system, which has as its basis people centred development, engagement and decentralisation, several governance challenges has emerged. This includes inter alia, unfunded mandates; rampant corruption and nepotism;violent service delivery protests; capacity constraints; crime, lack of communication, transparency and accountability; limited civic engagement and a significant number of municipalities that are not financially viable. These issues will have to be addressed if Chapter 7 of the Constitution has to become more meaningful to the majority of the populace in terms of discharging its developmental mandate.

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Warner, Kate, and Jenny Gawlik. "Mandatory Compensation Orders for Crime Victims and the Rhetoric of Restorative Justice." Australian & New Zealand Journal of Criminology 36, no. 1 (April 2003): 60–76. http://dx.doi.org/10.1375/acri.36.1.60.

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Increased recognition of the need for victims of crime to be integrated into the criminal justice system and to receive adequate reparation has led, in a number of jurisdictions, to legislative measures to encourage the greater use of compensation orders. The Sentencing Act 1997 (Tas) (which came into force on 1 August 1998) went further and made compensation orders compulsory for property damage or loss resulting from certain crimes. This article shows that this measure has failed victims and argues that they have been used in the service of other ends. Mandatory compensation orders are a token gesture repackaged as restorative justice to gain public support for the administration of the criminal justice system.Ways in which compensation orders could be made more effective and the possibilities of accommodating restorative compensation into a conventional criminal justice system are explored.

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Robbins, Ian, James MacKeith, Sophie Davison, Michael Kopelman, Clive Meux, Sumi Ratnam, David Somekh, and Richard Taylor. "Psychiatric problems of detainees under the Anti-Terrorism Crime and Security Act 2001." Psychiatric Bulletin 29, no. 11 (November 2005): 407–9. http://dx.doi.org/10.1192/pb.29.11.407.

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Aims and MethodTo provide a composite view of the impact of indefinite detention under the Anti-Terrorism Crime and Security Act 2001. Until recently, a number of detainees had been detained under this legislation since December 2001. The impact of this on eight detainees and three of their spouses is examined through qualitative analysis of 48 reports and documents compiled by 11 psychiatrists and 1 psychologist.ResultsDetention has had a severe adverse impact on the mental health of all detainees and the spouses interviewed. All were clinically depressed and a number had post-traumatic stress disorder. The indefinite nature of detention was a major factor in their deterioration.Clinical ImplicationsThe use of indefinite detention without trial has severe adverse consequences that may pose insurmountable problems for the prison healthcare system.

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Devakumar, M. "Bournewood: Law and capacity." Psychiatric Bulletin 23, no. 3 (March 1999): 177. http://dx.doi.org/10.1192/pb.23.3.177.

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The Law Lords in June 1998 overturned the judgement in the matter of L. v. Bournewood. The Law Lords, on a majority decision, were of the opinion that a compliant incapacitated patient such as L. does not need the formal powers of the Mental Health Act and admission to hospital and subsequent assessment and treatment for mental disorder can be based on the common law principles of necessity. However, this position is quite contrary to the Appeal Court judges' view, “The right of a hospital to detain a patient for treatment for mental disorder is to be found in, and only in, the 1983 Act, whose provisions apply to the exclusion of the common law principle of necessity” (L. v. Bournewood Community Mental Health Trust, 1997).

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Journal articles on the topic 'Crime and Disorder Act 1998'

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