Relevant bibliographies by topics / England and Wales. Laws, statutes

Academic literature on the topic 'England and Wales. Laws, statutes'

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Published: 27 July 2024
Last updated: 28 July 2024

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Journal articles on the topic "England and Wales. Laws, statutes"

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Marshall, Kim. "Disability Discrimination and Higher Education in England and Wales and Australia Compared." International Journal of Discrimination and the Law 6, no. 4 (June 2005): 289–324. http://dx.doi.org/10.1177/135822910500600403.

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In its original form the provisions of the UK Disability Discrimination Act 1995 (DDA) contained little of practical help to students with disabilities. This situation was rectified when the Special Educational Needs and Disabilities Act (SENDA) was passed in 2001 becoming the new Part 4 of the DDA. From 2002 legal duties not to discriminate against students with disabilities came into effect. In the Commonwealth of Australia a very different attitude towards disability discrimination has been demonstrated by having legislation to combat disability discrimination in place since 1992, which included specific provisions on education from the outset. The purpose of this article is to examine the approach taken in both jurisdictions towards the use of the anti-discrimination statutes and consider the effectiveness of the legislation in preventing discrimination on the ground of disability in higher education. The paper will examine points of similarity and divergence in the respective systems regarding the application of anti-disability discrimination laws to higher education as well as look to the longer established jurisprudence of the Australian courts for potential guidance that may be helpful to the nascent Part 4 of the DDA and the types of issues that may arise.
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Mason, Nicholas. "“THE SOVEREIGN PEOPLE ARE IN A BEASTLY STATE”: THE BEER ACT OF 1830 AND VICTORIAN DISCOURSE ON WORKING-CLASS DRUNKENNESS." Victorian Literature and Culture 29, no. 1 (March 2001): 109–27. http://dx.doi.org/10.1017/s1060150301291074.

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ION JULY 23, 1830, Parliament passed “An Act to permit the general Sale of Beer and Cyder by Retail in England.” Commonly known as the Beer Act of 1830, this law called for a major overhaul of the way beer was taxed and distributed in England and Wales. In place of a sixteenth-century statute that had given local magistrates complete control over the licensing of brewers and publicans, the Beer Act stipulated that a new type of drinking establishment, the beer shop, or beer house, could now be opened by any rate-paying householder in England or Wales (Scotland and Ireland had their own drink laws). For the modest annual licensing fee of two guineas, rate-payers in England could now purchase a license to brew and vend from their own residence.1
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Doe, Norman. "The Church in Wales and the State: A Juridical Perspective." Journal of Anglican Studies 2, no. 1 (June 2004): 99–124. http://dx.doi.org/10.1177/174035530400200110.

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ABSTRACTIn 1536 Wales (Cymru) and England were formally united by an Act of Union of the English Parliament. At the English Reformation, the established Church of England possessed four dioceses in Wales, part of the Canterbury Province. In 1920 Parliament disestablished the Church of England in Wales. The Welsh Church Act 1914 terminated the royal supremacy and appointment of bishops, the coercive jurisdiction of the church courts, and pre-1920 ecclesiastical law, applicable to the Church of England, ceased to exist as part of public law in Wales. The statute freed the Church in Wales (Yr Eglwys yng Nghymru) to establish its own domestic system of government and law, the latter located in its Constitution, pre-1920 ecclesiastical law (which still applies to the church unless altered by it), elements of the 1603 Canons Ecclesiastical and even pre-Reformation Roman canon law. The Church in Wales is also subject to State law, including that of the National Assembly for Wales. Indeed, civil laws on marriage and burial apply to the church, surviving as vestiges of establishment. Under civil law, the domestic law of the church, a voluntary association, binds its members as a matter of contract enforceable, in prescribed circumstances, in State courts.
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Hetherton, Tony, and Jennifer Charlson. "When statutes collide: potential recovery of own party adjudication costs." International Journal of Law in the Built Environment 7, no. 3 (October 12, 2015): 214–30. http://dx.doi.org/10.1108/ijlbe-12-2014-0036.

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Purpose – This paper aims to examine the potential recovery of own party adjudication costs under the Late Payment of Commercial Debts Regulations 2013. The investigation directly applies to England and Wales, but may be relevant to other jurisdictions. Design/methodology/approach – The interaction between The Late Payment of Commercial Debts Regulations 2013 (derived from European Directive 2011/7/EU on combating late payment in commercial transactions) and the Local Democracy et al. 2009 including reference to case law was explored. A qualitative research framework was used to collect primary data through semi-structured interviews with experienced construction industry adjudication professionals. Findings – It was discovered that adjudicators are awarding own party costs under the Regulations, but there was disagreement on the issues in both the literature and amongst the interviewees. Research limitations/implications – A definitive judgment is awaited from the Technology and Construction Court. Originality/value – This paper will be of value to construction industry adjudication professionals.
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Roberts, Pauline, and Lucy Vickers. "Harassment at Work as Discrimination: The Current Debate in England and Wales." International Journal of Discrimination and the Law 3, no. 2 (September 1998): 91–114. http://dx.doi.org/10.1177/135822919800300202.

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In 1996–97 there were a number of significant decisions which extended the scope of employers' liability for sexual and racial harassment at work, based upon the provisions of the Sex Discrimination Act 1975 and the Race Relations Act 1976. This article seeks to analyse the impact of these recent cases. It began by considering the relationship between the concepts of ‘harassment’ and ‘discrimination’ and the problems inherent in using the anti-discrimination legislation to deal with harassment and bullying at work; we then focus on the recently demonstrated ‘purposive’ approach of the Employment Appeal Tribunal and Court of Appeal in interpreting the statutes and consider how this combats the weaknesses identified. Alternative forms of relief will be briefly considered, in particular the recently enacted Protection from Harassment Act 1997. The authors, while welcoming the recent decisions, argue that there are some victims of bullying who remain outside the protection of the existing anti-discrimination legislation (as they do not fall within any of the groups identified for protection), notwithstanding the robust advances of the EAT. We suggest that the Protection from Harassment Act may not completely fill this gap.
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Moran, Clare Frances. "A Comparative Exploration of the Defence of Duress." Global Journal of Comparative Law 6, no. 1 (February 27, 2017): 51–76. http://dx.doi.org/10.1163/2211906x-00601003.

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This work examines the defence of duress, as codified in the Rome Statute, from the perspective of four domestic jurisdictions in order to determine whether it can be applied at the international level for crimes against the person. The laws of England and Wales, France, Germany, and South Africa are examined because of their influence in other countries and also because of their representations of civil and common law systems. The purpose of this analysis is to add to the debate about the defence of duress and to provide a fresh perspective on this contentious issue by examining how domestic jurisdictions deal with crimes committed under duress.
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Gledhill, Kris. "The role of capacity in mental health laws - recent reviews and legislation." International Journal of Mental Health and Capacity Law, no. 20 (September 8, 2014): 127. http://dx.doi.org/10.19164/ijmhcl.v0i20.272.

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The context in which the Szmukler et al proposal is put forward is the several reviews in the different jurisdictions in the United Kingdom and in Ireland, which have led to capacity becoming a central feature in relation to civil detention in Scotland and in Ireland, and which may well lead to it becoming a central feature in Northern Ireland, though efforts to achieve the same in England and Wales were rejected. For forensic patients, however, capacity is not prominent, and the proposal made goes further than recent legislative amendments and debates have contemplated. These are set out in the order in which they occurred: the Richardson Committee review of the English statute, then the amendments in Scotland, followed by those in Ireland (which pre-dated those in Scotland but came into effect later); next was the action that was eventually taken in relation to the English statute, and finally there are the proposals as to what to do in Northern Ireland. The latter is the only one that comes close to the proposals of Szmukler and others, which they acknowledge in their paper.
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Donnelly, Mary, and Maeve McDonagh. "Keeping the secrets of the dead? An evaluation of the statutory framework for access to information about deceased persons." Legal Studies 31, no. 1 (March 2011): 42–70. http://dx.doi.org/10.1111/j.1748-121x.2010.00168.x.

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In England and Wales, the question of access to information about deceased persons is determined under two separate statutes: the Access to Health Records Act 1990 and the Freedom of Information Act 2000. This paper examines the normative and legal issues raised by access to information about the dead and evaluates the statutory framework. It draws on philosophical and legal sources which support the claim that the dead are owed a moral and legal duty of confidence. However, it also shows that this is not an absolute duty and it identifies the public and private justifications which favour the provision of access to information about the dead. It argues that the current statutory framework is excessively restrictive and that it fails to provide an appropriate context within which interests favouring access may be considered. Accordingly, it argues that the law needs to be reformed and that a specific legislative framework dealing with access to information about the dead should be introduced. The paper concludes by setting out some preliminary suggestions regarding the possible form of such a legislative framework.
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Brazier, Rodney. "The Constitution of the United Kingdom." Cambridge Law Journal 58, no. 1 (March 1999): 96–128. http://dx.doi.org/10.1017/s0008197399001063.

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BEFORE the dawn of the millennium new legislative and executive authorities will have been established in Edinburgh, Cardiff and (subject to further political and other progress) in Belfast. This article analyses the nature of these constitutional initiatives, and examines their place in the unitary state which is the United Kingdom. It begins by tracing the history of constitutional union between England, Wales, Scotland, and Ireland. The legal effect of the 1998 devolution statutes is examined, in particular on the legal sovereignty of the United Kingdom Parliament. A triple constitutional and legal lock exists in the Scotland Act 1998 to ensure that the devolution settlement is the final step away from the pure unitary state which has enfolded Scotland in Great Britain. The nature and likely success of that lock are analysed in some detail. The lawmaking powers of the Scottish Parliament, the Welsh Assembly, and the Northern Ireland Assembly are assessed. The similarities and differences between each of the three devolved governments and the British Government are highlighted, and consequences and possible lessons for future government-making at Westminster are drawn. The article concludes with a peer into the possible constitutional futures for the United Kingdom.
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Sanzhara, Oleksandr. "PROBATION: ORIGIN AND FORMATION." Criminalistics and Forensics, no. 68 (July 3, 2023): 292–301. http://dx.doi.org/10.33994/kndise.2023.68.29.

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The elements of probation that were in Roman criminal law in 450 BC are analyzed. from the moment of the conclusion of the legal act «Laws of the XII Tables», «Justice of the Rus», in which the norms of Rus customary law, the Lithuanian statutes of the period of the XV-XVI centuries, as well as the norms of criminal law set forth in the book of the first volume XV of the «Code of Laws» were codified Russian Empire. The first cases of probation in the USA and Great Britain are being studied, in particular, the first manifestations of probation applied by D. Augustus in the USA, as well as the Law «On Probation for Minors» was adopted in 1901 within the US state, the Federal Law «On Probation» was adopted in the USA in 1925 the Probation of Offenders Act was introduced into the law of England and Wales in 1907. Further steps in the development of probation and its transformation into a fullfledged punishment (its replacement) are consistently analyzed, which can be used in certain cases as an alternative to imprisonment. An opinion is given on the need to divide the history of the development of probation into stages that led to the emergence of the institution and the term probation in the countries of the Anglo-Saxon system of law, as well as the subsequent stages in the formation of the modern model of probation in the world. In the article, the author proposes its own periodization of the stages of development of this institution, in which the first three stages refer to the period of development of the elements of criminal influence characteristic of the application of probation, and the next three characterize the process of the emergence of the concept and the consistent development of the institution of probation. Such stages are proposed to be considered in the following sequence: Starting from prehistoric times and ending with the period of antiquity. The period of the Middle Ages, beginning with the publication of «Justice of the Rus» and ending with the period of application of the Lithuanian charters, which lasted until the first half of the 17th century. The times when Ukraine belonged to Russia as an autonomy (the second half of the 17th – the 18th century). Emergence and implementation in the USA and Great Britain at the end of the 17th century. early 19th century concept of probation. The middle of the XIX-XX, characterized by the development of the institution of probation, the formation of an opinion on the possibility of its application instead of the main type of punishment. Modern period of independence and development of criminal law, in particular the institution of probation.
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Dissertations / Theses on the topic "England and Wales. Laws, statutes"

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Gadsden, G. D. "The law relating to the common lands of England and Wales." Thesis, Bucks New University, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.375686.

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Ordoyno, Hannah. "Access to knowledge and the formation of lawyer-identity : a Bernsteinian comparison of undergraduate law degrees at two UK universities of different status." Thesis, University of Nottingham, 2016. http://eprints.nottingham.ac.uk/31342/.

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In order to investigate students’ success and experience at university, this thesis compared students’ access to knowledge through the curriculum, teaching and learning (pedagogy) in Law undergraduate degrees at two UK universities of different status: a higher status ‘pre-1992’ Russell Group University (‘Global’) and a lower status ‘post-1992’ university, which is a member of the Million + Group (‘Local’). Lower-status universities recruit more students from unrepresented groups: students from ethnic minorities; those with disabilities; those who have been in local authority care; mature students; and, students from lower socio-economic groups. These students are often judged to be at a further disadvantage because their universities’ positions in higher education league tables gives the impression that the universities they are attending offer a lower standard of education than the higher status universities. This research focuses upon students’ experiences, at different universities, during their degree and, as such, contributes to the limited body of research about factors which affect student retention and success in higher education. This research built on a three-year ESRC-funded research project entitled ‘Pedagogic Quality and Inequality in University First Degrees’ (2008-2012) which used a theoretical framework drawn from the sociologist Basil Bernstein to analyse curriculum and pedagogy in sociology-related social science disciplines in four universities in different positions in higher education league tables. This study employed the same broad conceptual framework and some of the methods of the ESRC project for a smaller-scale study exploring how access to knowledge plays out in the discipline of law in two different status universities. The research presented here was a longitudinal comparative case study of an undergraduate Law degree. At each university, curriculum documents for seven core modules were analysed to highlight the similarities and differences in curriculum content and pedagogical processes; two tutorial sessions were observed in consecutive years and tutors (4) interviewed before and after the tutorial; six students (12 students) were recruited and interviewed during each year of their degree course (three times altogether). A biographical life grid was completed during the first year of the students’ course to provide a biography of each student. Despite the Law Society dictating a core curriculum for a qualifying law degree, the degrees were differently classified and framed. The main differences that emerged are expressed as three dichotomies (1) vocational/academic: Local offered ‘practical insights’ by including in the curriculum practical, work-based modules and learner centred teaching and has strong links with the legal profession. It offered a greater variety in assessment methods and more contact time (2) formal/informal relations: relationships between staff and students at Local were more informal and friendly than at Global where a clear, formal hierarchy between staff and students exists (3) independence/dependence: Global expected more independence of its students than Local where they were guided through material. Students at Local appeared to have higher levels of confidence when contributing to taught sessions and when using their legal knowledge in a professional environment, and project a sense of belonging within their departments and with other legal scholars. Students and staff at Local projected an identity as ‘future lawyers’ and vocational education, placements and acceptance onto professional legal training courses were highly regarded. In contrast to this, students, and particularly staff, at Global projected an identity as ‘academic, critical thinkers’ which does not relate to actual practice- vocational training and placements are extra-curricular, post-graduate concerns. Only one of the students at Global chose to pursue a career in law. In conclusion, I argued that students at Global and Local were being advantaged and disadvantaged by different elements of the pedagogy and curriculum.
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Hood, Kirsty Jane. "The effect of the constitutional relations between Scotland and England on their conflict of laws relations : a Scottish perspective." Thesis, University of Glasgow, 2004. http://theses.gla.ac.uk/1024/.

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The purpose of this thesis is to explore the effect of the changing constitutional relationship between Scotland and England on the Scottish approach to conflicts of law with an English element (i.e., competitions of jurisdiction between Scots and English courts; cases in which both Scots and English law have a claim to application; and recognition and enforcement of English court orders in Scotland). A historical perspective is obtained by brief study of the period prior to parliamentary union. Once united in one political state, the constitutionalising of conflicts, the internalising of conflicts, and the use of international private law rules, are three ways in which conflicts of law within that state might be handled. The extent to which each of these methods has influenced the Scottish approach to intra-UK conflicts, and the effect of devolution on each, is examined. The availability to Scots courts of public policy objections in respect of English law is also investigated. The context of the Anglo-Scottish relationship changed with UK entry into the (now) European Union, and the effect of that on intra-UK conflict rules is considered. The conclusion is that the nature of the constitutional relationship between Scotland and England impacts upon the handling in Scotland of conflicts of law with an English element. The parliamentary union may not have resulted in wide-spread constitutionalisation of conflicts, but there has been a degree of internalisation of conflicts. In general, however, the interaction of the constitutional relationship between Scotland and England and its private law consequences has permitted, indeed sometimes necessitated, the use (in certain areas) of Scottish international private law rules without differentiation between intra-UK, and international, conflicts.
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Books on the topic "England and Wales. Laws, statutes"

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths, 2000.

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McNally & co. [from old catalog] Rand. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths, 1985.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths, 1997.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths, 2000.

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Britain, Great. Halsbury's statutes of England and Wales. London: Butterworths, 1987.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths, 2000.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworth, 2004.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: Butterworths., 1989.

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Britain, Great. Halsbury's statutes of England and Wales. 4th ed. London: LexisNexis, 2004.

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Britain, Great. Halsbury's statutes of England and Wales: Current statutes service. 4th ed. London: Butterworths, 1985.

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Book chapters on the topic "England and Wales. Laws, statutes"

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Brown, Alexander, and Adriana Sinclair. "The politics behind the introduction of stirring up religious hatred offences in England and Wales." In The Politics of Hate Speech Laws, 101–30. Abingdon, Oxon ; New York, NY : Routledge, 2019.: Routledge, 2019. http://dx.doi.org/10.4324/9781315553917-3.

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Мінченко, Раїса Миколаївна, and Дар’я Анатоліївна Мінченко. "2.1. Виконавчий процес в умовах правосуддя перехідного періоду: українські реалії та міжнародний досвід." In Серія «Процесуальні науки», 146–47. Київ, Україна: Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-758-3-2-1.

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The sectіon іs devoted to the analysіs of the peculіarіtіes of the executіve process іn the condіtіons of the transіtіonal perіod (martіal law), carrіed out wіth regard to Ukraіnіan realіtіes and іnternatіonalexperіence. The cіvіl aspect of the problem of transіtіonal justіce іs hіghlіghted, the general dіrectіons of solvіng the problem of restoratіon of property and personal non-property rіghts of іndіvіduals vіolatedas a result of armed aggressіon as a component of transіtіonal justіce іn Ukraіne are outlіned. Possіble legal mechanіsms of compensatіon for damage caused to іndіvіduals as a result of armed aggressіon areіnvestіgated. The analysіs of legіslatіve іnnovatіons and prospects for the development of the executіve process іn the transіtіon perіod іs carrіed out. Іn partіcular, the author analyses the legіslatіvedevelopments made durіng the martіal law perіod іn order to strengthen the economy, prevent vіolatіons durіng the enforcement of court decіsіons and ensure favourable condіtіons for the partіes to the enforcement proceedіngs. The author analysed the draft laws, the adoptіon of whіch іs necessary to ensure effectіve mechanіsms for compensatіon for damage caused by the Russіan Federatіon on theterrіtory of Ukraіne and to deprіve the aggressor country of judіcіal іmmunіty іn thіs category of dіsputes. Proposals for the adoptіon of a specіal law by the Verkhovna Rada of Ukraіne, whіch would regulateall aspects of the procedure for compensatіon for damage caused by the armed aggressіon of the Russіan Federatіon agaіnst Ukraіne, are formulated and the maіn aspects of such a law are outlіned. Theіnternatіonal experіence of legal regulatіon of the procedure for the enforcement of natіonal and foreіgn judgments on the example of England and Wales іs analysed, іn partіcular, takіng іnto account theconsequences of the Unіted Kіngdom’s wіthdrawal from the European Unіon and the consequences of thіs for the recognіtіon and enforcement of foreіgn judgments; the procedure for the enforcement of judgments іn England and the ways of recoverіng property from the debtor are outlіned.
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"Parental Responsibility and Measures for the Protection of Children (International Obligations) (England and Wales and Northern Ireland) Regulations 2010." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-079.

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Parry, Rebecca. "Scotland." In Transaction Avoidance in Insolvencies. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198793403.003.0025.

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The avoidance system applicable in Scotland differs in a number of respects from that applicable in England and Wales. The most striking difference is that in Scotland transaction avoidance laws appear both in statute and at common law. In addition, the avoidance laws in Scotland are different in content from those in England and Wales, although the underlying aims of each are broadly similar.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "2. Legal systems and sources of law." In Legal Systems & Skills, 35–70. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198834328.003.0002.

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This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "2. Legal systems and sources of law." In Legal Systems & Skills. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785903.003.0002.

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This chapter focuses on the sources of law in England and Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
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Slorach, Scott, Judith Embley, Peter Goodchild, and Catherine Shephard. "2. Legal systems and sources of law." In Legal Systems & Skills, 38–74. Oxford University Press, 2023. http://dx.doi.org/10.1093/he/9780192874429.003.0002.

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This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.
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Miles, Joanna. "‘Cohabitants’ in the Law of England and Wales: a Brief Introduction." In Cohabitation and Religious Marriage, 27–38. Policy Press, 2020. http://dx.doi.org/10.1332/policypress/9781529210835.003.0003.

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This chapter focusses on the legal position of cohabitants in English law, noting that these non-legally recognised couples are the fastest growing family type. It discusses the nature and the legal status of these relationships, and the lack of a coherent set of laws regulating them, instead requiring couples to hunt in various corners of the law in search of rights, duties and other legal provisions which are applicable to them.
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Jonathan, Russen, and Kingham Robin. "5 Criminal Prosecutions by Regulators—The Offences." In Financial Services Litigation. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198846512.003.0005.

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This chapter explores the main substantive financial services offences, their individual components and their distinguishing features. Specifically, it considers the criminal offences of insider dealing, making misleading statements or impressions (either in relation to benchmark arrangements or more generally), fraud, and money laundering. The commission of any one of these offences in England and Wales will risk prosecution by the appropriate regulator, the Secretary of State, or the Director of Public Prosecutions. However, there are a number of statutory defences that relate to each offence. The most commonly encountered specific defence is that of ‘due diligence’. The due diligence defence is formulated slightly differently between statutes, but generally it is a defence for the defendant to prove that he ‘took all reasonable precautions and exercised all due diligence to avoid commission of the offence by himself or by a person under his control’.
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Ashworth, Andrew. "The Decline of English Sentencing and Other Stories." In Sentencing and Sanctions in Western Countries, 62–91. Oxford University PressNew York, NY, 2001. http://dx.doi.org/10.1093/oso/9780195130539.003.0003.

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Abstract So significant have been the changes in sentencing in England and Wales since the early 1970s that it is not easy to pick out the principal developments. There are now more than three times as many recorded indictable offenses as there were in 1971; the average daily prison population in 1998 was some 70 percent higher (65,298, compared with 38,040 in 1971); and sentencing law is vastly more complicated, in that in 1971 there was little reported case law and there were few statutes. However, I attempt to provide an overview of a quarter of a century’s developments in English sentencing policy and practice through a detailed consideration of five changes.
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