Contents

Volume 71 Number 1 2007
ISSN: 0022-0183  eISSN: 1740-5580

Show list with all abstracts  •  Links to other issues

Index      iii

Cases      iv

Opinion

A balancing exercise
David Kirk       1

Criminal Law Legislation Update
Sally Ireland       3

Central Criminal Court

Double jeopardy      8

House of Lords

Incorporating customary international law into domestic law: Criminal Law Act 1967, s. 3; Criminal Justice Public Order Act 1994, s. 68(2)      11

Northern Ireland Court of Criminal Appeal

Diminished responsibility: psychological injury      16

Irish High Court

Common law offence: breach of the peace      21

Court of First Instance

EC Regulations: ‘targeted sanctions’      25

German Federal Court of Justice (Bundesgerichtshof—BGH), 4th Criminal Senate

Homicide: insidiousness; withdrawal from attempt      29

Comment

Inadmissibility of intercept evidence
Alec Samuels       33

Articles

Can the general fraud offence ‘get the law right’?: some perspectives on the ‘problem’ of financial crime
Gary Wilson and Sarah Wilson       36

ABSTRACT

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JCL 71 (2007) 36

Can the general fraud offence ‘get the law right’?: some perspectives on the ‘problem’ of financial crime
Gary Wilson and Sarah Wilson 

The Fraud Bill, which received Royal Assent on 8 November 2006, created an offence of fraud in English criminal law which marks a departure of utmost significance from the approach adopted hitherto, whereby a number of related offences cover behaviour deemed to amount to fraud. To mark the passage of the Fraud Act 2006 into law, this article examines the references which were made during its consideration in Parliament to fraud as activity which is serious and which is often erroneously portrayed as ‘victimless’ crime. In joining these key criminal policy-making debates with academic study of white-collar crime, it will be suggested that as yet too little attention is being paid to ‘ambiguous’ popular perceptions of financial crimes for there to be confidence that the fraud offence will, in the words of the current Solicitor-General, ‘get the law right’.

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Female rape—an ongoing concern: strategies for improving reporting and conviction levels
Carol Withey       54

ABSTRACT

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JCL 71 (2007) 54

Female rape—an ongoing concern: strategies for improving reporting and conviction levels
Carol Withey 

This article examines the reasons behind the low rate of reported female rape, the failure of rape cases to progress to trial and the unacceptable low conviction rate. There is a multitude of research in this area and the aim of this article is to consolidate this research rather than provide new research on the issues. Following this, the measures that have been introduced to improve reporting and conviction rates are identified and explained. These range from substantive and evidential changes in the law, through to the implementation of practical policy. The article assesses the impact and effectiveness of these measures on the relevant rates, by drawing on the available Law Commission, Home Office and academic research. Current suggestions and strategies for increasing the relevant rates are then examined. The article concludes with the author’s own suggestions for improvement.

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Book Review      88

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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

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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