Contents
Volume 69 Number 2 2005
ISSN: 0022-0183 eISSN: 1740-5580
Show list with all abstracts • Links to other issues
Index
iii
Cases
v
Opinion
Prison informers: unreliable evidence
James Morton
89
Criminal Law Legislation Update
Sally Ireland
92
Divisional Court
Anti-social behaviour orders: publicity and Article 8 of the European Convention on Human Rights
97
Police powers: entry and arrest
98
Public Order Act 1986, s. 5: requirement that behaviour be witnessed
101
Court of Appeal
Video identification: appropriate appearance of comparator images
104
Regulation of Investigatory Powers Act 2000, Part I: meaning of 'interception'
106
Apprehended breach of the peace: lawfulness and proportionality of preventive action
109
Inadvertent disclosure and the lawyer-client relationship
113
Compensation: assessment of damages for wrongful conviction
117
Criminal Justice and Public Order Act 1994, s. 34: silence in reliance on legal advice
119
Protection from Harassment Act 1997, s. 5: terms of restraining order
123
Gross negligence manslaughter: compatibility with European Convention on Human Rights, Article 7
126
Comment
Ex turpi causa and gross negligence manslaughter
Alan Reed
132
Articles
The pitfalls in the law of attempt: a new perspective
Ken Arenson
146
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JCL 69 (2005) 146
The pitfalls in the law of attempt: a new perspective
Ken Arenson
The law of attempt is laden with some of the most hotly debated and controversial issues in the criminal law sphere. This article provides a critical and in-depth analysis of most, if not all, of the pitfalls that have bedevilled this area of the law since time immemorial. In particular, the discussion will focus on the type of mens rea required for an attempt, how far an accused must progress toward the commission of the subject offence in order to satisfy the actus reus component of an attempt, whether certain offences are intrinsically incapable of being the subject of an attempt, and whether the various courts and legislatures have agreed upon a universally accepted, coherent, and workable doctrine concerning the status of 'factual impossibility' as a defence to an attempt.
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International and human rights aspects of the treatment of detainees
Arfan Khan
168
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JCL 69 (2005) 168
International and human rights aspects of the treatment of detainees
Arfan Khan
The tragic events of 11 September 2001 have led the US to take stringent measures such as the detention and hooding of Guantanamo and Abu Gharib prisoners without the right to judicial review and where relevant the denial of POW status. This article examines whether the US government's approach to the detention and treatment of these prisoners is justified under international, humanitarian and US law. It explores the concept of 'hooding' and assesses whether such a technique, notwithstanding the decision in Ireland v United Kingdom, constitutes torture under the Selmouni principle, attributable to the US government under the doctrine of state agency.
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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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