Contents
Volume 66 Number 4 2002
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
v
Divisional Court
Assault on police answering a 999 call
287
Young offenders: remand to custody—difference between boys and girls
288
Right of protest and the European Convention on Human Rights
291
Judicial order prohibiting the identification of a child—whether precise enough
293
Retention of DNA samples
296
Court of Appeal
Police discretion as to time of executing warrant
298
Threat to kill
299
Illegal immigration and fear of persecution by the State
301
Jury deliberations: juror's complaint that fellow jurors were guilty of racial bias
303
Defendants unfit to plead: right to a fair trial
306
Article 6 and compulsory questioning in bankruptcy proceedings
307
Football banning orders do not violate Community or Convention law
309
European Court of Human Rights
Disclosure and ex parte proceedings: right to a fair trial
312
Death in custody violates right to life; mental illness and prisoners
315
Prisoners' human rights, correspondence and remedies
318
No Convention right to die
320
Articles
Miscarriages of justice in the 21st century
Annabelle James
326
[close]
JCL 66 (2002) 326
Miscarriages of justice in the 21st century
Annabelle James
This article looks at the extent to which the author feels that the criminal justice process of the 21st century is equipped to deal with miscarriages of justice. Starting with an outline description of the changes to the law and the CCRC itself followed by a brief evaluation of the CCRC's work to date, the article then deals with human rights issues, assessing the potential impact of the Human Rights Act 1998 and the corresponding duties incumbent on public authorities such as the CCRC and the Court of Appeal, and addresses the extent to which the identifying and processing of miscarriages of justice will change as a result. The article concludes with the view that whilst there has, on paper at least, been a change for the better, in reality little has changed.
[close]
For Auld Lang Syne—towards the demise of the jury?
Paul Robertshaw
338
[close]
JCL 66 (2002) 338
For Auld Lang Syne—towards the demise of the jury?
Paul Robertshaw
This article considers one chapter, on the jury, of the 12-chapter Criminal Courts Review Report, published following Auld LJ’s review of the English criminal courts. Coverage of each of the topics in the article includes research proposals. First the appropriate size of the jury is addressed. Under the rubric of jury composition, reservations concerning disabilities are noted. The article then considers ethnic minority representation in detail. In the context of jury composition in serious fraud/complex trials a managerial experiment is proposed, together with four variants in the make-up of the jury. In the discussion on reasoned and perverse verdicts the approach of the Review is countered and two constructive alternatives are suggested. Similarly, the article puts forward a development in research method on jury deliberation, which was never within that considered by the Review. Finally, the jury trial is relocated in a constitutional framework and the article provides two perspectives on jury trial as a right, which under current circumstances should be settled by referendum.
[close]
Criminalising child pornography—a Canadian study in freedom of expression and Charter-led judicial review of legislative policy-making
Ian Cram
359
[close]
JCL 66 (2002) 359
Criminalising child pornography—a Canadian study in freedom of expression and Charter-led judicial review of legislative policy-making
Ian Cram
The ease with which sexually explicit computer images of children can be created, disseminated and downloaded in the digital era has given renewed impetus to the efforts of national governments and supra-national organisations to protect minors from the harms associated with child pornography. One common strategy has been to criminalise the mere possession of such material. In Canada, a recent constitutional challenge to the validity of penal restrictions has required the Supreme Court to consider the boundary between protected expressive activity and the welfare interests of children. In what follows, the legitimacy of this judicial intervention in an admittedly complex area of social policy is queried. In particular, it is suggested that the court may have failed to evaluate the true value of the expression interests at stake in child pornography in the face of the legislature’s attempt to advance other significant Charter values.
[close]
The Lockerbie case law
Robert Shiels
374
[close]
JCL 66 (2002) 374
The Lockerbie case law
Robert Shiels
The destruction of an aircraft while it was in flight over Lockerbie in Scotland in 1988 led to a criminal trial 12 years later. That trial took place in The Netherlands within a specially constituted court where the law applied was that of Scotland. This article describes and considers the nine reported cases that have so far resulted from the arrest and prosecution of those accused of the Lockerbie bombing.
[close]
[close]
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
[close]
