Contents

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JCL 72 (2008) 40

Injustice perpetuated? The contribution of the Court of Appeal
L. H. Leigh

This article examines dicta in R v Cottrell pertaining to the extent to which the Criminal Cases Review Commission ought or should have regard to the principles adumbrated by the Court of Appeal in relation to leave to appeal in change of law cases. It concludes that a restatement of the Commission’s policy statement to provide that, following R (on the application of the Director of Revenue and Customs Prosecutions) v Criminal Cases Review Commission, the CCRC would not have regard to the Court of Appeal’s practice in leave-out-of-time cases was misconceived and wrong. The article further concludes that fears expressed by the Court of Appeal concerning the impact of change of law references on the court’s workload were exaggerated because not informed by the practice of the CCRC. It examines critically the standard suggested by the Court of Appeal for referral of such cases, namely substantial injustice, and points to problems which the CCRC may well encounter in applying a formula which, at present, is nebulous.

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JCL 72 (2008) 53

Computer misuse: the implications of the Police and Justice Act 2006
Stefan Fafinski

While the Police and Justice Act 2006 is largely concerned with policing reform, there are also some long-overdue amendments to the Computer Misuse Act 1990 buried within it. These amendments attempt to bring the 1990 Act up to date, thereby enabling it to encompass new forms of mischief brought about by the technological advances of the preceding 16 years. This article considers the rationale behind those amendments and examines their implications on the contemporary information technology landscape.

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JCL 72 (2008) 67

Policing male rape and sexual assault
Philip N. S. Rumney

This article examines an issue that has been largely ignored in the growing literature on the treatment of sexual offences within the criminal justice system, i.e. the treatment of adult male rape and sexual assault complainants by the police. This analysis is based upon a series of interviews with men who have reported their experiences of rape and sexual assault. It considers issues of victim care and satisfaction with the performance of the police, along with other criminal justice professionals. These experiences are placed in a broader research context that indicates some of the features of men’s treatment by the police, along with recurrent themes that are also seen in the treatment of female complainants. Finally, this article critically considers claims that the criminal justice’s treatment of male and female rape is influenced by gender bias.

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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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