Contents

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JCL 72 (2008) 214

Misconduct that ‘Has to Do with the Alleged Facts of the Offence with which the Defendant Is Charged’ . . . More or Less
Roderick Munday

Section 98(a) of the Criminal Justice Act 2003 exempts misconduct evidence that ‘has to do with the alleged facts of the offence with which the defendant is charged’ from the bad character rules that otherwise would govern its admissibility. The exception is far from precisely drafted and on a number of occasions the Court of Appeal has now had opportunity to consider the scope of application of this provision. This article critically analyses those decisions, and speculates on themes that in the future may play a role in the interpretation of s. 98(a).

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JCL 72 (2008) 236

Prevention of Harm—Legislative Strategies for Law Reform
Clare Wade

This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures against future harm therefore obviating the need for civil preventative orders.

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JCL 72 (2008) 251

Can Touching Always Be Sexual When There Is No Sexual Intent?
Ilias Bantekas

The objective test introduced by the Sexual Offences Act 2003 as to the sexual nature of the touching that constitutes sexual assault can lead to injustices, particularly where the defendant exposed the victim to nudity without intending—or being reckless—that his or her act assume a sexual character. To hold otherwise is tantamount to imposing strict liability, which was not intended by Parliament. The courts must assess each case on its merits and differentiate all those cases involving an element of moral involuntariness from those that do not. Equally, the courts should, where appropriate, permit the defence of necessity where the defendant did not intend, but was not negligent, as to the sexual nature of his act.

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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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