Databased of International Law Journal and Research Center
In this article, we consider the approach to decisions regarding capacity and sexual relations in the Court of Protection in England and Wales, and the boundaries drawn through its application of the Mental Capacity Act 2005 (MCA). We discuss recent developments in the law following the UK Supreme Court case A Local Authority v JB Read More …
The paper argues that the model of ethical legitimacy of criminal law should be welcomed. Two types of legitimacy may be recognized – primary and secondary. Primary legitimacy derives its validity from its coherence with ethical principles of responsibility, thus together shaping a message about what is right and wrong. Under this interpretation, severing of Read More …
A crime victim’s first contact with the police may strongly influence subsequent investigations and prosecutions, as well as the crime’s impact on the victim. The outcomes of such contacts may depend strongly on the degree to which the victim exhibits the characteristics of an ideal victim. This study sought to find valid ways of evaluating Read More …
Transnational corporate bribery involves companies bribing foreign public officials to obtain or retain business in their international business dealings. Prosecutorial authorities are faced with multiple investigatory and prosecutorial hurdles in relation to this type of crime due to the complex structural and transnational nature of corporate activities (Chan et al., 2021). In about 27 jurisdictions, Read More …
Policing in England Wales is currently experiencing a large uplift in police recruitment. This has been due to the Government’s target to uplift officers by 20,000. As a result, police forces are implementing large scale, sustained recruitment drives. These are accompanied by positive action schemes to address deficits in officer representation. Current statistics now indicate Read More …
Intercept interpreters ensure the interlinguistic transfer from oral conversations wiretapped by the police into written evidence that is used in criminal proceedings. So far, this element of the criminal proceedings has received little attention in research, and knowledge on practical implementation of the formal requirements and the related informal practices is scarce. Using Switzerland as Read More …
The tension between formality and informality is intrinsic to the implementation of criminal law. Criminal procedures in fact always happen on a continuum between formality and informality, where the different actors involved (police officers and other street-level bureaucrats, prosecutors, judges, experts, defense lawyers, etc.) continuously perform and negotiate (in)formality. This special issue explores these “politics Read More …
Through a framework that combines literature’s observations on traffickers’ policy-based representations with International Relations (IR) theories, this paper explores the representations of traffickers and anti-trafficking government goals in policies of the United Kingdom’s (UK), Scottish and Northern Irish governments. Policies were found to mostly subscribe to a Realist’s viewing of human trafficking, emphasising criminal choices. Read More …
Predictive policing, that is, the data-driven deployment of police operations on the ground, has become increasingly important in recent years. While predictive policing instruments serve to formalise the ways in which police think and operate, the human agent remains central to their exploitation and translation into strategic, operational, and tactical decision-making. The introduction of predictive Read More …
In this study we examine the use of the police stop and search tactic for preventing and investigating crime and as a method for maintaining order, during periods of national lockdown in England and Wales during the covid-19 global pandemic. By using time series modelling on data for all recorded stop and search over a Read More …