Articoli di riviste: "Evidence (law) – wales"

1

Merrington, Simon, e Steve Stanley. "‘What Works?’: Revisiting the Evidence in England and Wales". Probation Journal 51, n. 1 (marzo 2004): 7–20. http://dx.doi.org/10.1177/0264550504042445.

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Bright, Susan, e Hannah Dixie. "Evidence of green leases in England and Wales". International Journal of Law in the Built Environment 6, n. 1/2 (8 aprile 2014): 6–20. http://dx.doi.org/10.1108/ijlbe-07-2013-0027.

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Purpose – This paper aims to report on research that investigates the use of green clauses in leases of office and retail premises in England and Wales. Design/methodology/approach – The authors examined 26 recent leases of green build properties registered at HM Land Registry. The green clauses discovered were classified and compared with the model form green clauses promoted by the London-based Better Building Partnership's Green Lease Toolkit. Findings – Of the 26 leases analysed, 18 contained some form of green provision. Research limitations/implications – As the sample selected was not representative, a larger study is needed to detect trends in green leasing. This research method does not show the impact of green clauses on property management. Practical implications – This research illustrates the types of clauses that have been used in leases but also shows that green leasing principles are not yet the industry standard. Many new, long leases still make no reference to environmental practices. Originality/value – This is the first research to be done examining the green content of agreed leases and develops a methodology that can be used for future research.

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Pattenden, Rosemary. "Authenticating ‘Things’ in English Law: Principles for Adducing Tangible Evidence in Common Law Jury Trials". International Journal of Evidence & Proof 12, n. 4 (novembre 2008): 273–302. http://dx.doi.org/10.1350/ijep.2008.12.4.303.

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This article explores the true nature of authentication of tangible evidence in English law and kindred jurisdictions. It first identifies general principles governing the respective roles of judge and jury in the authentication of tangible evidence embedded within the case law of England and Wales. Those principles are then compared and contrasted to the rules governing authentication of evidence under the US Federal Rules of Evidence. Finally, general principles of authentication in English law are examined in relation to the authentication of forensic science evidence; film, video, photographs and sound recordings; private documents; computer output; and recorded confessions.

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Ohalehi, Paschal. "Fraud in small charities: evidence from England and Wales". Journal of Financial Crime 26, n. 1 (7 gennaio 2019): 211–22. http://dx.doi.org/10.1108/jfc-12-2017-0122.

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Purpose Despite the increasing awareness of fraud in organisations and the potential benefits of strong fraud management through deterrence and prevention in the UK, there remains limited research on fraud in small charities. This paper aims to examine astonishing cases of fraud in small charities whilst raising awareness of the impact of fraud and its wider implication in the charity sector. Design/methodology/approach This research used a qualitative approach amongst randomly selected 24 charity trustees with income of £0-250,000 and over £250,000. Recent statistics from fraud survey published in Annual Fraud Indicator by the National Fraud Authority and the United Kingdom Fraud Costs Measurement Committee were presented and the theory of why people commit fraud is described. Findings This paper summarises evidence that shows the frequency and severity of fraud in charities, which remains increasingly high. Furthermore, smaller charities are not immune from fraud and suffer losses due to lack of segregation of duties and weak control systems when compared to larger charities with stronger control systems and better governance structure. This paper addresses a very important topic in the charity sector. Whilst fraud and fund misappropriation receive significant media coverage in large charities, smaller charities also suffer losses occasioned by fraud even in large proportion albeit with less reporting in the media. Practical implications Charity managers and trustees will benefit from having sufficient knowledge in deterrence and prevention of charity fraud. Originality/value This is a novel research as it looks into the nature of fraud in small charities of which there is limited research both in the voluntary and fraud literature.

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Stockdale, Michael, e Adam Jackson. "Expert Evidence in Criminal Proceedings". Journal of Criminal Law 80, n. 5 (ottobre 2016): 344–63. http://dx.doi.org/10.1177/0022018316668448.

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

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Ward, Alan George. "THE EVIDENCE OF ANONYMOUS WITNESSES IN CRIMINAL COURTS: NOW AND INTO THE FUTURE". Denning Law Journal 21, n. 1 (26 novembre 2012): 67–92. http://dx.doi.org/10.5750/dlj.v21i1.342.

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Anonymous witness evidence, the use of which had quietly expanded in the early part of the twenty-first century in criminal courts in England and Wales, was significantly curtailed by the House of Lords in the case of R v Davis. Little over a month later the government had enacted legislation to minimise the impact of their Lordships’ ruling, yet the long-term future of this area of the criminal law of evidence remains undetermined. This article seeks to assess what impact the Criminal Evidence (Witness Anonymity) Act 2008 has had on the right to a fair trial in England and Wales and, subsequently, to weigh up the options for long-term reform in this area of the law. It will be submitted that the stated policy aim of the government, the protection of witnesses, can be achieved for the long-term without impeding or undermining the absolute right of the defendant to a fair trial.

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Mirfield, Peter. "Bad Character and the Law Commission". International Journal of Evidence & Proof 6, n. 3 (luglio 2002): 141–62. http://dx.doi.org/10.1177/136571270200600301.

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Report No. 273 of the Law Commission for England and Wales proposes a new scheme for the law relating to evidence of bad character in criminal trials, and no less in the case of witnesses other than the accused than in the case of the accused himself. This article broadly welcomes the governing general principles of the proposed scheme, whilst challenging the soundness of some of the terminology recommended by the Commission, as well as its conclusions on some important, albeit more specific issues.

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WATSON, KATHERINE D. "Women, violent crime and criminal justice in Georgian Wales". Continuity and Change 28, n. 2 (agosto 2013): 245–72. http://dx.doi.org/10.1017/s0268416013000246.

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This article examines encounters of women with the criminal justice system in Wales during the century before the Courts of Great Sessions were abolished in 1830. Drawing on evidence from cases of sexual assault and homicide, it argues that women who killed were rarely convicted or punished harshly. A gendered discretion of sorts also acted against rape victims, as trials never resulted in conviction. Using violence as a lens, the paper reveals a distinctively Welsh approach to criminal justice, and offers quantitative evidence on which further comparative studies of the history of law and crime in England and Wales may be based.

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Leadbetter, Martin J. "Fingerprint Evidence in England and Wales – The Revised Standard". Medicine, Science and the Law 45, n. 1 (gennaio 2005): 1–6. http://dx.doi.org/10.1258/rsmmsl.45.1.1.

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Lewis, Alyson, Sian Sarwar, Jacky Tyrie, Jane Waters e Swansea University. "Exploring the Extent of Enactment of Young Children's Rights in the Education System in Wales". Cylchgrawn Addysg Cymru / Wales Journal of Education 19, n. 2 (1 novembre 2017): 27–50. http://dx.doi.org/10.16922/wje.19.2.3.

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The United Nations Convention on the Rights of the Child (1989) (UNCRC) is the most widely ratified of all the human rights treaties. In contrast to recent UK-wide developments, the UNCRC has been vigorously taken up in post-devolution policy and law in Wales. The Assembly's stance on children's rights distinguishes Welsh policy from the rest of the UK and children's rights have been described as 'emblematic' of Welsh devolution. This paper presents the findings of a review of readily available empirically based literature that evidences the extent to which young children in Wales (aged three to seven) routinely access their rights in education settings. The findings are presented under eight themes and provide a picture of inconsistency as well as some positive indicators. Reasons for a limited, patchy and variable evidence base for the enactment of young children's right in education settings in Wales are considered, alongside recommendations for action that would seek to address such shortfalls.

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Papadopoulou, Nataly. "Dying with Assistance: The Call for an Inquiry, the Power of a declaration, the role of evidence". Medical Law Review 30, n. 1 (20 dicembre 2021): 81–109. http://dx.doi.org/10.1093/medlaw/fwab048.

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ABSTRACT The article analyses recent legal challenges of the prohibition of assisted suicide in England and Wales to review where we are in the debate for reform, and where we can go. The article, principally, advocates for an evidence-based new governmental inquiry. Aside the fact that this is widely-supported by various interested parties, this argument stems from the approach recently attempted by claimants in English courts in challenging the prohibition of assisted suicide, and that is, an evidence-based approach to judicial review. As this article discusses, the review of ‘the available evidence’ is unlikely to be done by English courts, but what this new legal strategy does is to send a strong message to Parliament and the government that there is a need to identify and examine the evidence. The findings of a fresh governmental inquiry, will allow Parliament to engage in a careful, informed review of the law and practice on assisted suicide and decide whether there is another way to protect the vulnerable, while respecting individual choice. The benefits of this inquiry go beyond England and Wales; an English (or indeed UK-wide) inquiry will inform discussions currently taking place elsewhere, and vice versa.

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Helmers, Christian, Yassine Lefouili, Brian J. Love e Luke McDonagh. "The Effect of Fee Shifting on Litigation: Evidence from a Policy Innovation in Intermediate Cost Shifting". American Law and Economics Review 23, n. 1 (19 marzo 2021): 56–99. http://dx.doi.org/10.1093/aler/ahab001.

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Abstract We study the effect of fee shifting rules on litigation. First, we build a model to study the theoretical effect of a change in cost-recovery rules on case filings, (postfiling) settlement, win rates, and plaintiffs’ average litigation expenditures. We then undertake an empirical analysis of the introduction of an intermediate cost shifting rule that falls between the English and American Rules: a reform that limits the size of fee awards to successful litigants in cases decided by the Intellectual Property Enterprise Court (IPEC), one of two venues where IP cases may be filed in England and Wales. Our empirical analysis takes advantage of heterogeneity among case types and compares IPEC cases with intellectual property cases litigated at the PHC of England and Wales, which was not subject to this reform. We find that patent case filings increased following the IPEC’s shift from a pure English Rule to a rule that caps costs awards. Consistent with our model’s predictions, we also find evidence that smaller plaintiffs both won less often and settled more often postreform, as well as evidence that larger plaintiffs spent less on litigation postreform.

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Doak, Jonathan, e Rebecca Huxley-Binns. "Anonymous Witnesses in England and Wales: Charting a Course from Strasbourg?" Journal of Criminal Law 73, n. 6 (dicembre 2009): 508–29. http://dx.doi.org/10.1350/jcla.2009.73.6.604.

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The use of anonymous testimony in England and Wales has recently been the subject of a number of high-profile appellate decisions and legislative intervention. As the law currently stands, it is permissible for the criminal courts to receive such testimony, subject to certain safeguards. This article evaluates the position against the threshold for anonymous evidence laid down by the European Court of Human Rights. It is argued that such evidence is too readily admissible under the current legislative framework. As such, the rules regulating the use of anonymous testimony should be amended so that they comply fully with the fair trial rights of the accused.

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Muir, Angela Joy. "Midwifery and Maternity Care for Single Mothers in Eighteenth-Century Wales". Social History of Medicine 33, n. 2 (8 novembre 2018): 394–416. http://dx.doi.org/10.1093/shm/hky092.

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Summary The history of childbirth in England has gained increasing momentum, but no studies have been carried out for Wales, and therefore the nature of childbirth in early modern Wales remains largely unknown. This article seeks to redress this imbalance in two ways: First, by examining Welsh parish, court and ecclesiastical records for evidence of those who attended parturient women. This evidence demonstrates that Welsh midwives were not a homogeneous group who shared a common status and experience, but were a diverse mix of practitioners drawn from a range of socioeconomic backgrounds. Secondly, by assessing the care these practitioners provided to some of the most marginalised in Welsh society: unmarried pregnant women. Parish resources were limited, and poor law provision often covered only what was considered absolutely necessary. Analysis of what was deemed essential for the safe delivery of illegitimate infants provides a revealing glimpse of to the ‘ceremony of childbirth’ in eighteenth-century Wales.

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Heffernan, Liz, e Mark Coen. "The Reliability of Expert Evidence: Reflections on the Law Commission's Proposals for Reform". Journal of Criminal Law 73, n. 6 (dicembre 2009): 488–507. http://dx.doi.org/10.1350/jcla.2009.73.6.603.

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

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George, Rob, e James Netto. "Concurrent Convention and Non-Convention Cases: Child Abduction in England and Wales". Laws 12, n. 4 (7 agosto 2023): 70. http://dx.doi.org/10.3390/laws12040070.

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The courts of England and Wales permit applicants in 1980 Hague Convention child abduction proceedings also to bring concurrent applications for the return of the child to their state of habitual residence based on a summary welfare assessment, which can be issued and heard alongside the Hague application. Given the different nature of these two applications, having them heard concurrently raises a number of challenges for the parties in terms of the evidence required and for the court in terms of the analytical process being undertaken. This article explores the nature of the two applications, the reasons why they might be brought concurrently, and the challenges that can arise in such cases.

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Leon, Clare, e Tony Ward. "The Irish exclusionary rule after DPP v JC". Legal Studies 35, n. 4 (dicembre 2015): 590–93. http://dx.doi.org/10.1111/lest.12097.

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This commentary updates the paper ‘Excluding evidence (or staying proceedings) to vindicate rights in Irish and English law’ by analysing the recent decision of the Supreme Court of Ireland in DPP v JC. It argues that although the court has relaxed the exclusionary rule in one major respect, it has strengthened it in others, and that Ireland's approach to unconstitutionally or illegally obtained evidence remains very different from that of England and Wales.

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KENDAL, WAYNE S. "EVIDENCE FOR A FRACTAL STOCHASTIC PROCESS UNDERLYING MEASLES EPIDEMICS IN BRITAIN". Fractals 08, n. 01 (marzo 2000): 29–34. http://dx.doi.org/10.1142/s0218348x00000056.

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The variability in measles incidence during the pre-vaccination period of 1944 to 1966, as recorded from 366 communities in England and Wales, was examined for properties of fractal stochastic processes. The power spectral density, Fano factor, and Allan factor were computed from the incidence time-series, and all revealed power-law scaling. As well, the distribution histogram for the weekly incidence approximated a geometric distribution. These features constituted evidence for a fractal stochastic process with underlying geometric statistics at play in the development and resolution of measles epidemics.

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Chen, Max Hua. "Adoption of Clear Convincing Evidence in Hong Kong". American Journal of Trade and Policy 9, n. 2 (31 agosto 2022): 71–76. http://dx.doi.org/10.18034/ajtp.v9i2.622.

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Drawing from overseas practices, namely the law in England & Wales (E&W) and the law in the United States (US), this article will critically discuss whether a higher standard of proof of ‘clear and convincing evidence (CCE) should be adopted in non-criminal proceedings in Hong Kong (HK), and if so, in what types of cases. Consequently, because the 'balance of probabilities ("BOP") and 'beyond reasonable doubt' ('BRD') standards have themselves proved to be highly complex, and jurors have found these standards even more complicated to understand, the introduction of an intermediate CCE standard would invariably lead to even more complexity and misunderstanding in the current HK evidentiary system applicable to non-criminal proceedings. This is precisely the opposite of what the HK evidentiary system needs now. Whilst a higher CCE standard of proof could in principle be adopted within HK, for instance, in cases where due process principles may potentially be invoked, unless the such standard is conceptually or empirically justified based on irreproachable evidence, it would represent an arbitrary re-allocation of evidentiary standards.

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Winder, Christopher. "The cost of commercial litigation in England–A European perspective, and a look to the future". European Review of Private Law 4, Issue 4 (1 dicembre 1996): 339–50. http://dx.doi.org/10.54648/146741.

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Access to justice can be severely impeded by the costs of litigation. English civil litigation has developed four particular procedures which stand out as differing radically in principle and in cost from continental systems: pre-trial disclosure of documents ('discovery'), the use of oral evidence, the use of expert evidence and a plaintiff's potential liability for a successful opponent's costs. In 1994 Lord Woolf was appointed to review the rules and procedures of the civil courts in England and Wales with a view to improving access to justice and reducing the costs of litigation. His report contains proposals which, if implemented, will lead to greater court control of proceedings and thus of their related costs.

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Hunter, Gillian, Tiggey May e Mike Hough. "Are the police embracing evidence-informed practice? A view from England and Wales". Policing and Society 29, n. 3 (13 dicembre 2018): 251–65. http://dx.doi.org/10.1080/10439463.2018.1557180.

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Neyroud, Peter. "Squaring the circles: research, evidence, policy‐making, and police improvement in England and Wales". Police Practice and Research 10, n. 5-6 (ottobre 2009): 437–49. http://dx.doi.org/10.1080/15614260903378418.

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Ugwudike, Pamela, e Gemma Morgan. "Bridging the gap between research and frontline youth justice practice". Criminology & Criminal Justice 19, n. 2 (22 gennaio 2018): 232–53. http://dx.doi.org/10.1177/1748895817753509.

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Although the Risk, Need, Responsivity model of rehabilitation is rooted in a substantial body of research evidence, several studies of the model’s efficacy in youth and adult justice settings within England and Wales have revealed modest outcomes. In this article, we contend that the findings do not necessarily reflect deficits in the model. Rather, a growing corpus of research now indicates that poor practice integrity or inadequate implementation of the model’s principles is a key but under-researched factor that undermines the efficacy of interventions based on the model. We also present the findings of a study that explored applications of the model in three Welsh youth justice services and we examine possible means of bridging the gap between research evidence and real-world practice.

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Abrams, Laura S., Lisa Moreno e Timo Harrikari. "The Voluntary Sector Role in Youth and Young Adult Justice Services: A Comparative Case Study of Finland and England/Wales". Youth Justice 19, n. 3 (10 novembre 2019): 278–98. http://dx.doi.org/10.1177/1473225419886932.

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This comparative case study investigates the voluntary sector interface with criminal justice systems for youth and young adults in England/Wales and Finland. Methods included document review and stakeholder interviews. Across cases, key differences were found in the training of corrections and probation officers, funding sources and structures, and use of actuarial models and evidence. The organization of these relationships was also different for youth and young adult services, particularly in England/Wales where clear lines are drawn between age groups. The results contribute to an understanding of how system-level factors can drive relationships between the voluntary and criminal justice sectors.

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Bullock, Karen, Aiden Sidebottom, Rachel Armitage, Matthew P. J. Ashby, Caitlin Clemmow, Stuart Kirby, Gloria Laycock e Nick Tilley. "Forty years of problem-oriented policing: A review of progress in England and Wales". Policing: A Journal of Policy and Practice 15, n. 4 (1 dicembre 2021): 2001–14. http://dx.doi.org/10.1093/police/paab067.

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Abstract This article analyses and critically reflects on the position of problem-oriented policing within England and Wales. Problem-oriented policing is a framework for improving police effectiveness. Its adoption has consistently been shown to be associated with sizable reductions in a wide range of crimes and public safety issues. However, many studies also find that problem-oriented policing is difficult to embed and sustain within police organisations. This article draws on the experiences and perspectives of 86 informed stakeholders to critically examine the position and practice of problem-oriented policing 40 years after its original formulation by Herman Goldstein in 1979. We argue that despite evidence of renewed interest in problem-oriented policing, the approach is not habitually conducted within police organisations in England and Wales. Where it is conducted, the practice of problem-oriented policing is found to lack discipline, the processes tend not to be faithfully followed, and there are weaknesses at all stages of the process. Implications of the findings for future research and police practice are discussed.

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Redmayne, Mike. "Myths, Relationships and Coincidences: The New Problems of Sexual History". International Journal of Evidence & Proof 7, n. 2 (marzo 2003): 75–101. http://dx.doi.org/10.1177/136571270300700201.

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This article reviews recent developments in the law governing the admissibility of sexual history evidence in England and Wales. After the decision of the House of Lords in R v A (No. 2), the law reflects a consensus that the complainant's sexual history with third parties is generally irrelevant to the issue of consent in rape trials. In the first part of this article, the justifications for this conclusion are questioned; it is suggested that the relevance of sexual history is a more complex issue than it is usually acknowledged to be. The second part of the article uses points made in the first to question the way in which concepts drawn from the law on similar fact evidence have been used as the admissibility framework for sexual history. Aspects of the decision in R v A are examined in detail.

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Allan, T. R. S. "Some favourite fallacies about similar facts". Legal Studies 8, n. 1 (marzo 1988): 35–47. http://dx.doi.org/10.1111/j.1748-121x.1988.tb00375.x.

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There can be few passages ofjudicial exegesis which have claimed more attention, analysis and controversy than Lord Herschell’s famous, or infamous, statement of principle in Makin u A-G for New South Wales. His Lordship had appeared to assert an absolute rule against adducing evidence of bad character in order to prove the defendant’s guilt on the basis ofhis criminal disposition; and in Boardman v DPP Lord Hailsham expressly approved this prohibition on use of the ‘forbidden chain of reasoning’. A recent judgment by Gibbs CJ in the High Court of Australia contains a lucid modern restatement of Lord Herschell’s principle:‘The prosecution cannot adduce evidence tending to show that the accused has been guilty ofcriminal acts other than those with which he is charged if the evidence shows only that he had a propensity to commit crime, or crime of a particular kind, or that he was the sort of person likely to have committed the crime charged.

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Mattison, Michelle, e Penny Cooper. "Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?" International Journal of Evidence & Proof 25, n. 4 (ottobre 2021): 286–306. http://dx.doi.org/10.1177/13657127211046397.

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In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.

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Mattison, Michelle, e Penny Cooper. "Witness Statements for Employment Tribunals in England and Wales: What are the ‘Issues’?" International Journal of Evidence & Proof 25, n. 4 (ottobre 2021): 286–306. http://dx.doi.org/10.1177/13657127211046397.

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Abstract (sommario):

In England and Wales, Employment Tribunals (ETs) hear claims from persons who believe that an employer, or potential employer, has treated them unlawfully. Witness statements form part of the evidence considered by ETs, but research is lacking with regard to the methods used to produce ET witness statements. This study presents the findings from 40 semi-structured interviews with ET judges, panel members, employment lawyers (solicitors, barristers, advisers) and litigants. Our data revealed six themes: professional processes, enabling through case management, presentation preferences, challenges for litigants in person, availability and quality of resources, and lack of training. Participants felt that the quality of witness statements varied amongst those prepared by professional advisors and by litigants in person. Our interviews revealed almost no evidence of practitioner training on how best to prepare a witness statement. We make recommendations about guidance and training for those tasked with drafting witness statements.

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Trotter, Christopher John. "Working with families in youth justice". Probation Journal 64, n. 2 (17 febbraio 2017): 94–107. http://dx.doi.org/10.1177/0264550517692057.

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There is considerable evidence that family relationships are a factor in youth offending and that working with families of young offenders can improve family relationships and reduce the likelihood of re-offending. There is less evidence that frontline youth justice staff can successfully deliver family interventions to the families of young people on court orders. This study examines a project which involves the delivery of collaborative family work by youth justice workers in New South Wales, Australia, to young people and their families as part of a statutory youth justice service. The paper first outlines the literature, which supports the value of working with the families of young offenders. It then outlines the aims and methodology of the study followed by a discussion of the results, limitations and implications.

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McQuestin, Dana, e Joseph Drew. "The Price of Populism: The Association between Directly Elected Mayors and Unit Expenditure in Local Government". Lex localis - Journal of Local Self-Government 16, n. 4 (23 ottobre 2018): 673–91. http://dx.doi.org/10.4335/16.4.673-691(2018).

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It would appear that directly elected Mayors have indeed become fashionable. However, few seem to have paused to ponder the pecuniary impact of directly elected Mayors on local government: Indeed there is no evidence at all from the Antipodes and much of the extant work is somewhat dated. We analyse a five year panel of data for New South Wales, Australia and find evidence of strong and statistically significant increased unit operational expenditure in local governments that employ the directly elected mayor model. We conclude by outlining the effect that this association might have on local government sustainability.

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Wei, Amy Wen, Milo Molfa, Adam Grant e Paul Kleist. "Challenges in the Taking of Evidence in Arbitrations Seated in Mainland China". Journal of International Arbitration 36, Issue 3 (1 giugno 2019): 315–36. http://dx.doi.org/10.54648/joia2019015.

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Arbitration is often hampered by obstacles to the taking of evidence, either because one party fails to produce relevant documents when requested or the documents are held by a third party outside the tribunal’s powers. Parties engaged in arbitration seated in Mainland China are constrained by the Chinese state court’s limited powers to assist in evidence taking. This article considers the wider scope of options for the taking of evidence in arbitrations seated in Mainland China. The first port of call may be to seek an order from the arbitral tribunal to impose sanctions within the arbitration, such as adverse inferences or adverse cost orders. If the arbitral tribunal cannot compel the recalcitrant party or a third party to produce documents or other evidence, the party may seek assistance from the court at the arbitral seat or a foreign court connected to the arbitration. This article compares the options for state court assistance in evidence taking available in the state courts of Mainland China, England and Wales, Hong Kong, and the United States. Practitioners should be aware that the powers of state courts to assist in evidence taking in international arbitration varies widely between these jurisdictions, from allowing only orders for preservation of key evidence in Mainland China to wide-ranging discovery from third parties by way of Section 1782 applications in the Unitead States.

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Sheldon, Sally, e Joanne Fletcher. "Vacuum aspiration for induced abortion could be safely and legally performed by nurses and midwives". Journal of Family Planning and Reproductive Health Care 43, n. 4 (18 gennaio 2017): 260–64. http://dx.doi.org/10.1136/jfprhc-2016-101542.

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Abstract (sommario):

BackgroundSome 40% of abortions carried out in England and Wales are done by vacuum aspiration. It is widely assumed that, in order to be lawful, these procedures must be performed by doctors.Aim and designThis study aimed to provide a detailed reassessment of the relevant law and the clinical evidence that supports this assumption.ConclusionsA close reading of relevant law reveals that this assumption is unfounded. On the contrary, it would be lawful for appropriately trained nurses or midwives, acting as part of a multidisciplinary team, to carry out vacuum aspiration procedures. This interpretation of the law offers the potential for developing more streamlined, cost-effective abortion services, which would be both safe and highly acceptable to patients.

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Jones, Trevor, e Stuart Lister. "Localism and police governance in England & Wales: Exploring continuity and change". European Journal of Criminology 16, n. 5 (3 luglio 2019): 552–72. http://dx.doi.org/10.1177/1477370819860689.

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This article develops further criminological understandings of ‘localism’ in police governance and contributes to broader theoretical discussions about ‘governance’ in contemporary policing, via a critical analysis of major recent law and policy reforms in England & Wales. Recent legislation has brought important changes to the balance of constitutional-legal powers and the institutional architecture of police governance. However, we argue that for several reasons it is problematic to interpret these developments in straightforward terms of greater ‘localization’. First, in so far as there has been a decentralization of control, this represents a growth of ‘regional’ rather than ‘local’ auspices of power. Second, there is widespread evidence of continuing interventionism by ‘the centre’, asserting strong influences on local policing via a range of national bodies. Third, important developments in the wider context of police policy-making – most importantly the conditions of austerity – have circumscribed the capacity of Commissioners to set their own policy agendas and resulted in a retrenchment of policing provision at the most ‘localized’ geographical units of neighbourhoods. Indeed, the combination of decentralizing formal responsibility for policing policy and restrictive central financial controls amounts in practice to a ‘devolution of blame’ by the centre for falling service standards. Finally, we argue that the growing complexity and fragmentation of police governance cannot be captured adequately by ‘vertical’ analysis of central–local relations. Although central influences remain predominant, policing policy networks have become more diverse, with important developments at ‘horizontal’ levels locally, regionally and nationally. Within this more fragmented governance framework, central influences continue to drive local policing, but primarily via a range of ‘arm’s length’ institutions and techniques.

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Abramovaite, Juste, Siddhartha Bandyopadhyay, Samrat Bhattacharya e Nick Cowen. "Alternatives to Custody: Evidence from Police Force Areas in England and Wales". British Journal of Criminology 59, n. 4 (7 dicembre 2018): 800–822. http://dx.doi.org/10.1093/bjc/azy056.

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Kotsoglou, Kyriakos N. "Zombie forensics: the use of the polygraph and the integrity of the criminal justice system in England and Wales". International Journal of Evidence & Proof 25, n. 1 (gennaio 2021): 16–35. http://dx.doi.org/10.1177/1365712720983929.

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The criminal justice system of England and Wales increasingly deploys the polygraph to extract information from released offenders. Although there is little judicial authority regarding the admissibility of polygraph evidence, we should not misinterpret silence as legal uncertainty. The paper will, first, show that the central claim for the understanding of the polygraph—i.e. the presupposition that the polygraph indicates deception—is inextricably linked to an obsolete paradigm in psychology (Introspection). Secondly, I will turn to first principles in the law of evidence, especially the general ban on opinion evidence and the requirement for scientific validity. The requirement that expert evidence has a sufficiently reliable scientific basis explains why polygraph evidence cannot be adduced at the criminal process. Thirdly, I will draw attention to the use of polygraph tests in the context of probation, pursuant to the Offender Management Act 2007. With the use of the polygraph, the criminal justice system does not only infringe the released offender’s human rights, but also fails to protect the public. The combination of inadmissibility of the polygraph in the criminal process and its use from probation services creates thus a major contradiction which is detrimental to the integrity of the legal order.

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Taylor, Luke. "Speaking the Unspeakable: Buggery, Law, and Community Surveillance in New South Wales, 1788–1838". Law and History Review 38, n. 4 (14 febbraio 2020): 737–75. http://dx.doi.org/10.1017/s0738248019000774.

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This paper is an empirical and theoretical analysis of buggery charges brought against men in New South Wales in the period 1788—1838. Drawing on a previously unexamined archive, it shows that an irregular pattern of charges in the first forty years of colonization was displaced by a dramatic increase in buggery charges in the period 1828–1838, and a move towards charging accused persons capitally; that the genesis of most complaints was community, rather than official, surveillance; and that throughout the entire period witnesses were far from circumspect in their evidence of unspeakable acts. The paper then argues that the upswing in charges post-1828 was only partly related to the introduction of the Offences Against the Person Act 1828 and its lower evidentiary threshold for proof of buggery. More important, it suggests, was the acute moralism of NSW society in the 1820s and 1830s, generated in part by John Thomas Bigge's 1822 Report into the State of the Colony of New South Wales. The move towards capital charges, however, does appear to bear some relationship to the changes in the Offences Act. The final part of the paper connects social anxiety over buggery to the 1837–38 Molesworth Inquiry into Transportation and the eventual cessation of convict transportation to NSW in 1840.

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Lloyd Bright, Keren, e Maria McNicholl. "The Open University Law School’s Public Legal Education in Prisons: Contributing to Rehabilitative Prison Culture". International Journal of Public Legal Education 5, n. 1 (22 ottobre 2021): 94–131. http://dx.doi.org/10.19164/ijple.v5i1.1123.

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There is a massive unmet need for legal knowledge in prisons. The Open University Law School, through its Open Justice Centre, has trialled various ways in which to meet this unmet need. Most prison-university partnerships in England and Wales follow a model of prisoners and university students being taught together as one group in a traditional higher education learning format. The Open University Law School’s public legal education in prisons follows instead the Street Law model to disseminate knowledge of the law throughout a prison, either through prison radio or through the work of the charity St Giles Trust. While this article confirms other research findings which evidence the personal benefit law students derive in researching and delivering audience-appropriate public legal education, it also considers the benefit for those imprisoned in the context of rehabilitative prison culture.

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Walsh, Dermot. "Do we need community treatment orders in Ireland?" Irish Journal of Psychological Medicine 27, n. 2 (giugno 2010): 90–96. http://dx.doi.org/10.1017/s0790966700001130.

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AbstractObjectives: Re-admissions to inpatient psychiatric care are now so frequent as to be designated the ‘revolving door’ phenomenon and constitute 72% of admissions to Irish inpatient psychiatric units and hospitals. It is commonly believed that treatment non-adherence with aftercare following inpatient discharge contributes to readmission. Attempts to improve adherence and reduce or shorten readmission through compulsory community treatment orders have been made in several countries including Scotland in 2005 and, from November 2008, England and Wales. Provision for conditional discharge in Ireland has already been furnished by the Criminal Law (Insanity) Act 2006 but has been compromised by the inability to impose enforcement of conditions. The paper aims to determine whether compulsory community treatment orders are effective in improving adherence and reducing re-admission and whether, in consequence, their introduction in Ireland should be considered.Method: The legislative measures adopted to improve treatment adherence and thereby reduce re-admissions are presented. The evidence of their effectiveness is examined.Results: Evaluation of the effectiveness of community treatment orders is limited and hindered by confounding factors. What evidence there is does not provide convincing evidence of their utility.Conclusions: It is concluded that there is insufficient evidence to advocate their early introduction in Ireland in civil mental health legislation. Instead a wait and see policy is suggested with critical assessment of the outcome of such developments in Scotland and England and Wales. In addition further research on the characteristics of revolving door patients in Ireland and the circumstances determining their readmission is advocated. There is an anomaly in the Criminal Law (Insanity) Act 2006 which allows of conditional discharge but does not provide for its enforcement.

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Harris, Bernard. "Parsimony and Pauperism: Poor Relief in England, Scotland and Wales in the Nineteenth and Early Twentieth Centuries". Journal of Scottish Historical Studies 39, n. 1 (maggio 2019): 40–74. http://dx.doi.org/10.3366/jshs.2019.0260.

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As the Royal Commission on the Poor Laws noted in 1909, the Poor Law Amendment Act of 1834 and the Poor Law (Scotland) Act of 1845 sprang from rather different motives. Whereas the first Act aimed to restrict the provision of poor relief, the second was designed to enhance it. However, despite these aims, it is generally accepted that Scotland's Poor Law continued to relieve a smaller proportion of its population and to spend less money on them. This paper revisits the evidence on which these claims are based. Although the gap between the two Poor Laws was less than previously supposed, it was nevertheless substantial. The paper also explores the links between the size of Scottish parishes and welfare spending, and demonstrates that the main reasons for the persistence of the spending gap were related to different levels of investment in poorhouses and workhouses, and support for the elderly.

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Johnson, Rhodri D., Lucy J. Griffiths, Laura E. Cowley, Karen Broadhurst e Rowena Bailey. "Risk Factors Associated With Primary Care–Reported Domestic Violence for Women Involved in Family Law Care Proceedings: Data Linkage Observational Study". Journal of Medical Internet Research 25 (24 maggio 2023): e42375. http://dx.doi.org/10.2196/42375.

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Background Domestic violence and abuse (DVA) has a detrimental impact on the health and well-being of children and families but is commonly underreported, with an estimated prevalence of 5.5% in England and Wales in 2020. DVA is more common in groups considered vulnerable, including those involved in public law family court proceedings; however, there is a lack of evidence regarding risk factors for DVA among those involved in the family justice system. Objective This study examines risk factors for DVA within a cohort of mothers involved in public law family court proceedings in Wales and a matched general population comparison group. Methods We linked family justice data from the Children and Family Court Advisory and Support Service (Cafcass Cymru [Wales]) to demographic and electronic health records within the Secure Anonymised Information Linkage (SAIL) Databank. We constructed 2 study cohorts: mothers involved in public law family court proceedings (2011-2019) and a general population group of mothers not involved in public law family court proceedings, matched on key demographics (age and deprivation). We used published clinical codes to identify mothers with exposure to DVA documented in their primary care records and who therefore reported DVA to their general practitioner. Multiple logistic regression analyses were used to examine risk factors for primary care–recorded DVA. Results Mothers involved in public law family court proceedings were 8 times more likely to have had exposure to DVA documented in their primary care records than the general population group (adjusted odds ratio [AOR] 8.0, 95% CI 6.6-9.7). Within the cohort of mothers involved in public law family court proceedings, risk factors for DVA with the greatest effect sizes included living in sparsely populated areas (AOR 3.9, 95% CI 2.8-5.5), assault-related emergency department attendances (AOR 2.2, 95% CI 1.5-3.1), and mental health conditions (AOR 1.7, 95% CI 1.3-2.2). An 8-fold increased risk of DVA emphasizes increased vulnerabilities for individuals involved in public law family court proceedings. Conclusions Previously reported DVA risk factors do not necessarily apply to this group of women. The additional risk factors identified in this study could be considered for inclusion in national guidelines. The evidence that living in sparsely populated areas and assault-related emergency department attendances are associated with increased risk of DVA could be used to inform policy and practice interventions targeting prevention as well as tailored support services for those with exposure to DVA. However, further work should also explore other sources of DVA, such as that recorded in secondary health care, family, and criminal justice records, to understand the true scale of the problem.

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Grout, Christopher. "The Seal of the Confessional and the Criminal Law of England and Wales". Ecclesiastical Law Journal 22, n. 2 (maggio 2020): 138–55. http://dx.doi.org/10.1017/s0956618x20000034.

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The seal of the confessional is often described as ‘inviolable’. The idea that what is said or done in furtherance of private confession may be subjected to scrutiny as part of litigation is often considered to be absurd. But what is the legal basis for such forthright rejection? The revised Canons of the Church of England do not address the issue at all; instead the matter falls to be covered by the unrepealed proviso to Canon 113 of the Code of 1603. In England and Wales there is no primary legislation which clearly and coherently deals with the question of the admissibility of matters said in private confession before courts and tribunals. Contrast that with the United States of America, where every single state has enacted statutory provisions which provide safeguards to admissibility, albeit to differing degrees. Recent developments in Australia have, conversely, involved the enactment of legislation making it a crime for a priest to withhold, in certain circumstances, matters said to him or her in the course of private confession. In 1990, Judge Bursell QC reviewed the existing case law on the subject (sparse though it is) and found it to be contradictory, with judgments appearing to be based upon personal opinions as opposed to legal analysis. There have been some interesting ‘post-Bursell’ developments, in terms of both legislation and case law, which are discussed in this article. In Ecclesiastical Law, Mark Hill QC suggests that ‘it is likely that a trial judge would exclude evidence of a confession made to a priest’. This article is essentially an analysis of that conclusion with a view to determining whether it is right to assume that, even if not adequately protected by legislation, things said or done in furtherance of private confession are likely to be excluded from secular criminal proceedings.

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Taggart, John. "‘I am not beholden to anyone… I consider myself to be an officer of the court’: A comparison of the intermediary role in England and Wales and Northern Ireland". International Journal of Evidence & Proof 25, n. 2 (aprile 2021): 141–62. http://dx.doi.org/10.1177/13657127211002291.

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Intermediaries were first introduced by the Youth Justice and Criminal Evidence Act (1999) to facilitate communication between individuals with communication needs and the criminal justice system. Yet, despite increased academic attention into this new criminal justice actor, the content of the role remains unclear. Findings from 31 interviews with intermediaries in England and Wales and Northern Ireland as well as judges in Northern Ireland indicate that two distinct systems of intermediaries have emerged between the jurisdictions. The picture is complicated by an inequality in intermediary provision between witnesses and defendants. In England and Wales, the statutory intermediary scheme covers only witnesses whereas the ‘unitary’ system in Northern Ireland covers both witnesses and defendants. Drawing on the data collected, this article highlights key themes which underpin differences in intermediary practice and suggests that lessons can be learned in how we conceptualise the role and its work.

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Ellison, Louise, e Kathryn Berzins. "Responses to inpatient victimisation in mental health settings in England and Wales". International Review of Victimology 25, n. 2 (30 dicembre 2018): 141–56. http://dx.doi.org/10.1177/0269758018816568.

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Abstract (sommario):

Mental health inpatients are known to be at risk of criminal victimisation, but the experiences of this vulnerable victim population seldom receive mention in the victimological literature. Against this backdrop, this article explores to what extent and in what ways mental health inpatients report victimisation, and provides the first systematic analysis of what the existing evidence base tells us about the subsequent responses of mental health services and criminal justice agencies, particularly in England and Wales. Identified knowledge gaps are problematised as impediments to evaluation of both policy and practice in this context. An agenda for future research is additionally sketched out.

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Quilter, Julia, e David Brown. "Speaking Too Soon: The Sabotage of Bail Reform in New South Wales". International Journal for Crime, Justice and Social Democracy 3, n. 3 (8 ottobre 2014): 73–97. http://dx.doi.org/10.5204/ijcjsd.v3i2.181.

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Abstract (sommario):

Within just over one month of coming into operation in May 2014, the new Bail Act 2013 (NSW), a product of long-term law reform consideration, was reviewed and then amended after talk-back radio ‘shock jock’ and tabloid newspaper outcry over three cases. This article examines the media triggers, the main arguments of the review conducted by former New South Wales (NSW) Attorney General John Hatzistergos, and the amendments, with our analysis of the judicial interpretation of the Act thus far providing relevant background. We argue that the amendments are premature, unnecessary, create complexity and confusion, and, quite possibly, will have unintended consequences: in short, they are a mess. The whole process of reversal is an example of law and order politics driven by the shock jocks and tabloid media, the views of which, are based on fundamental misconceptions of the purpose of bail and its place in the criminal process, resulting in a conflation of accusation, guilt and punishment. Other consequences of the review and amendments process recognised in this article include the denigration of judicial expertise and lack of concern with evidence and process; the disproportionate influence of the shock jocks, tabloids and Police Association of NSW on policy formation; the practice of using retired politicians to produce ‘quick fix’ reviews; and the political failure to understand and defend fundamental legal principles that benefit us all and are central to the maintenance of a democratic society and the rule of law. The article concludes with some discussion of ways in which media and political debate might be conducted to produce more balanced outcomes.

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Pina-Sanchez, J., e R. Linacre. "Sentence Consistency in England and Wales: Evidence from the Crown Court Sentencing Survey". British Journal of Criminology 53, n. 6 (2 luglio 2013): 1118–38. http://dx.doi.org/10.1093/bjc/azt040.

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Case Judgment:, England &. Wales. "Case Judgment: England & Wales - R v Trousdale". Digital Evidence and Electronic Signature Law Review, 18 novembre 2021. http://dx.doi.org/10.14296/deeslr.v18i0.5366.

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Mason, Stephen. "The Post Office Horizon Scandal". Digital Evidence and Electronic Signature Law Review, 22 novembre 2021. http://dx.doi.org/10.14296/deeslr.v18i0.5390.

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Mason, Stephen. "Index to Proceedings - Bates v Post Office Limited, TLQ17 0455". Digital Evidence and Electronic Signature Law Review, 22 novembre 2021. http://dx.doi.org/10.14296/deeslr.v18i0.5367.

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Case Transcript, England &. Wales. "Bates v Post Office Limited TLQ 17 0455 Defendant's Written Openings". Digital Evidence and Electronic Signature Law Review, 22 novembre 2021. http://dx.doi.org/10.14296/deeslr.v18i0.5369.

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