Contents
Volume 66 Number 2 2002
ISSN: 0022-0183 eISSN: 1740-5580
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Index
iii
Cases
v
Opinion
Sexual offences and criminal intent: What the prosecution must prove
Alec Samuels
97
High Court
Imprisonment on conviction of crime and imprisonment for contempt
102
Divisional Court
'Permitting' employees to drive public service vehicles in breach of EC Regulations
104
Customs officers' power to seize and detain cash
106
Retailer supplies video recording which lacks the classification certificate required by law
108
Driver compelled to identify himself as driver
109
Defence of necessity by reason of duress of circumstances
112
Claim based on theoretical or illusory rights will fail
115
Court of Appeal
Consequences of bigamy
117
Who may represent a solicitor to advise a person in police custody?
118
Police duty of care to those in their custody
121
Careless driving resulting in death
123
Are mandatory sentences of imprisonment for life on conviction of murder arbitrary and disproportionate and therefore contrary to law?
126
Sentencing young offender and adult co-defendants
130
Abuse of process and denial of fair trial
133
The relationship between freedom of expression and harassment
134
Fresh evidence and the safety of convictions
137
Detention of asylum seekers does not violate Article 5
140
Prosecution of a bankrupt-whether use of documents delivered under compulsion to the Official Receiver a violation of Article 6
142
House of Lords
Cheating the public revenue
144
Entrapment
146
Royal Court of Jersey M'Naghten Rules may violate the right to liberty and security of the person
149
European Court of Human Rights
Presence of police officer during suspect's consultation with solicitor breaches right to a fair trial
152
European Court of Justice
European ruling on driving and rest periods for coach drivers
155
Articles
Judicial Studies Board specimen directions and the enforcement of orthodoxy: A modest case study
Dr Roderick Munday
158
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JCL 66 (2002) 158
Judicial Studies Board specimen directions and the enforcement of orthodoxy: A modest case study
Dr Roderick Munday
Judges summing up to juries in criminal cases must deliver directions on a wide range of issues, substantive and evidential. The Crown Court Bench Book, issued by the Judicial Studies Board, publishes specimen directions, designed to ensure that juries are correctly directed on the legal rules that they must apply to the facts. Judges were never meant to follow these directions 'mechanistically'. Several decisions of the Court of Appeal would suggest otherwise. This article offers a critique of two recent decisions, involving good character directions, where the Court of Appeal has again enforced strict adherence, and argues for a greater degree of judicial autonomy.
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Current developments in police accountability
Kiron Reid
172
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JCL 66 (2002) 172
Current developments in police accountability
Kiron Reid
This article provides an overview of recent and current developments affecting police accountability in England and Wales. The article also highlights key features of the government's police reform agenda, including legislation that is likely in the medium term. The Police Act 1996 consolidated changes to the traditional 'tripartite' system of police accountability but change has continued rapidly thereafter. The article explains the role of the National Crime Squad and National Criminal Intelligence Service and the increasing importance of Europol. These are likely to become of even greater importance post-11 September 2001. Other national developments such as changes to the military police, British Transport Police and proposals for an independent system of police complaints are also evaluated.
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Links to other issues
Volume 65 (2001) : 1 2 3 4 5 6
Volume 66 (2002) : 1 2 3 4 5 6
Volume 67 (2003) : 1 2 3 4 5 6
Volume 68 (2004) : 1 2 3 4 5 6
Volume 69 (2005) : 1 2 3 4 5 6
Volume 70 (2006) : 1 2 3 4 5 6
Volume 71 (2007) : 1 2 3 4 5 6
Volume 72 (2008) : 1 2 3 4 5 6
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