Contents
Volume 67 Number 1 2003
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
v
Court of Appeal
Young man's defence: compatibility with the European Convention on Human Rights
1
Duress: self-exposure to risk of threats
6
Affray: proof of fear for personal safety by hypothetical bystander
9
Courts-martial: compatibility with Article 6 of the European Convention on Human Rights
11
Fresh evidence: development in forensic science relating to ear prints
13
Fresh evidence relied on appeal when known to defendant at trial
15
Murder: direction to jury
17
Disclosure, public interest and abuse of process
20
Retention of fingerprints and DNA samples: compatibility with the European Convention on Human Rights
23
European Court of Human Rights
Penal detention of child for his own protection: violation of Article 5 of the European Convention on Human Rights
25
Release of technical lifers: power must lie with Mental Health Review Tribunal not Secretary of State
28
Comment
A new criminal law of fraud-the recent proposals of the Law Commission of England and Wales
Jessica Holroyd
31
Articles
Police cells and unwanted bugs
David Ormerod
37
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JCL 67 (2003) 37
Police cells and unwanted bugs
David Ormerod
An examination of the difficulties and shortcomings in applying the Regulation of Investigatory Powers Act 2000 to covert cell surveillance, and of the admissibility of evidence obtained, as highlighted by the case of R v Mason.
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Reform of the insanity defence: theoretical issues
Helen Howard
51
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JCL 67 (2003) 51
Reform of the insanity defence: theoretical issues
Helen Howard
This article examines the need for a new insanity defence in the light of the inadequacies of the M’Naghten Rules. Consideration is given to some of the theoretical and practical issues which must be addressed in drafting a new insanity defence. Attention is given to American versions of the insanity defence and other proposals for reform. Tentatively, a new form of defence is suggested.
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The doctrine of identification, causation and corporate liability for manslaughter
Simon Parsons
69
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JCL 67 (2003) 69
The doctrine of identification, causation and corporate liability for manslaughter
Simon Parsons
This article examines corporate liability for manslaughter. It considers the legal effect of the 'identification’ doctrine and how it operates as a legal barrier to potential corporate liability. The question of whether the 'conduct’ of a corporation is a cause of death is also examined. The article maintains that the Court of Appeal in Attorney-General’s Reference (No. 2 of 1999) had the opportunity to remove the legal fiction of identification and to overcome the problem of causation, so that a proper appraisal of an organisational structure can be made in order to ascertain whether a corporation’s safety performance was grossly negligent.
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Book Review
83
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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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