scholarly journals Wigs, Skeletons, Bibs, Bands, and Bundles: An Albertan Barrister Deciphers the English Court of Appeal (Criminal Division)

2014 ◽  
Vol 52 (1) ◽  
pp. 167
Author(s):  
Laura Hoyano
Keyword(s):  
Justice System ◽  
English Court ◽  
Court Of Appeal

There are a number of features of British criminal appeals which differ from the Canadian justice system. This article explores these differences by reviewing the changes and customs adopted by the English Court of Appeal (Criminal Division).

scholarly journals Culpability, Kingston and the Law Commission

2010 ◽  
Vol 74 (5) ◽  
pp. 434-471 ◽  
Author(s):  
Cath Crosby
Keyword(s):  
Justice System ◽  
Criminal Liability ◽  
Character Theory ◽  
Criminal Offence ◽  
Pragmatic Approach ◽  
House Of Lords ◽  
The Law ◽  
Court Of Appeal ◽  
Law Commission ◽  
Do So

This article considers the basis upon which a person should be held to be criminally liable, and to do so, it is necessary to examine the leading theories of character and choice that underpin the State holding a person to be culpable of a criminal offence, i.e. the link between culpability and fault. The case of R v Kingston1 is used to examine the application of these leading theories and it is observed that choice theorists would not excuse such a defendant from criminal liability even though his capacity to make a choice to refrain from law breaking was made extremely difficult by external factors beyond his control. Only character theory could possibly offer exculpation in such circumstances on the basis that the defendant acted ‘out of character’ and his deed did not deserve the full censure and punishment of the criminal law. The Court of Appeal in R v Kingston would have been prepared to excuse, but the House of Lords, and most recently the Law Commission have adopted a pragmatic approach to the involuntarily intoxicated offender. This case serves as a reminder that while justice is the aim of the criminal justice system, it is not an absolute standard.

Psychiatrists and Their Patients — Confidential Information in the Wake of Spycatcher

1992 ◽  
Vol 26 (4) ◽  
pp. 618-623
Author(s):  
Stephen Smith
Keyword(s):  
Public Interest ◽  
Right To Privacy ◽  
Confidential Information ◽  
English Court ◽  
The Public ◽  
Court Of Appeal

This article examines a recent decision of the English Court of Appeal. It concerned a psychiatrist who examined and reported on a convicted murderer in a secure hospital. The report was commissioned by the patient's solicitors as evidence in support of his release. The report was emphatically unfavourable and the doctor insisted that it be revealed to the hospital authorities. The solicitors refused and litigation ensued. The courts were forced to rule on the conflict between the patient's right to privacy and the public interest in revealing the report.

Mapping the contours and limits of “irresistible inference”

2020 ◽  
Vol 23 (4) ◽  
pp. 735-743
Author(s):  
Kenny Foo
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
English Court ◽  
Content Type ◽  
Tools And Techniques ◽  
Court Of Appeal ◽  
Disclosure Obligations

Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.

scholarly journals Communication and cross-examination in court for children and adults with intellectual disabilities: A systematic review

2019 ◽  
Vol 23 (4) ◽  
pp. 366-398 ◽  
Author(s):  
Joanne Morrison ◽  
Rachel Forrester-Jones ◽  
Jill Bradshaw ◽  
Glynis Murphy
Keyword(s):  
Intellectual Disabilities ◽  
Empirical Studies ◽  
Experimental Methodology ◽  
English Court ◽  
Communication Challenges ◽  
Adults With Intellectual Disabilities ◽  
Communication Needs ◽  
The Impact ◽  
Court Of Appeal ◽  
Examination Process

Courts in England, Wales and Northern Ireland have identified children and adults with intellectual disabilities (ID) as vulnerable witnesses. The call from the English Court of Appeal is for advocates to adjust questioning during cross-examination according to individual needs. This review systematically examined previous empirical studies with the aim of delineating the particular communication needs of children and adults with ID during cross-examination. Studies utilising experimental methodology similar to examination/cross-examination processes, or which assessed the communication of actual cross-examinations in court were included. A range of communication challenges were highlighted, including: suggestibility to leading questions and negative feedback; acquiescence; accuracy; memory and understanding of court language. In addition, a number of influencing factors were identified, including: age; IQ level; question styles used. This review highlights the need for further research using cross-examination methodology and live practice, that take into consideration the impact on communication of the unique environment and situation of the cross-examination process.

scholarly journals Tinjauan Yuridis Pembatasan Upaya Hukum Kasasi Dalam Kasus Gugatan Terhadap Keputusan Pejabat Daerah

2017 ◽  
Vol 1 (2) ◽  
pp. 67-82
Author(s):  
Muhibuddin Muhibuddin ◽  
Mahdi Syahbandir ◽  
M. Nur Rasyid
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Justice System ◽  
The Supreme Court ◽  
Legal Substances ◽  
Court Of Appeal ◽  
Law Making

Pasal 45A Ayat (2) huruf c Undang-Undang Nomor 5 Tahun 2004 tentang Mahkamah Agung membatasi pengajuan upaya hukum kasasi terhadap perkara tata usaha negara yang objek gugatannya berupa keputusan pejabat daerah. Pembatasan ini menimbulkan ketidakadilan bagi pencari keadilan (yustisiable) yang ingin mendapatkan keadilan jika pada tingkat pertama dan banding tidak diterima gugatannya. Di samping itu, pembatasan tersebut telah merubah sistem peradilan di Indonesia yang terdiri dari tingkat pertama, banding dan kasasi. Penelitian ini bertujuan untuk mengetahui alasan pembatasan upaya hukum dalam Undang-Undang Nomor 5 Tahun 2004, tinjauan keadilan kepada warga negara dan asas-asas pembentukan perundang-undangan yang baik. Penelitian ini merupakan penelitian yuridis normatif  yang ingin mengidentifikasi dari aspek hukumnya. Data yang digunakan terdiri bahan hukum primer, sekunder dan tersier. Hasil penelitian menunjukkan bahwa pembatasan pengajuan upaya hukum untuk mengurangi penumpukan perkara di Mahkamah Agung. Akibat pembatasan tersebut sangat merugikan warga negara yang ingin memperjuangkan haknya dan tidak mencerminkan asas-asas pembentukan peraturan perundang-undangan yang baik.Article 45 (2) point C of the Act Number 5, 2004 on the Supreme Court Especially Limiting judicial review on the decision of the object of civil administrative state’s case which its lawsuit is the decision of officials in district, municipality or provincial officials. The limitation is not fair towards every justice seekers who are willing to obtain justices in the first court and the court of appeal have not tried the cases fairly. Apart from that the limitation has changed the justice system in Indonesia consisting of the first instance court, the court of appeal, and review court of the Supreme Court. This research aims to know the reasons of such limitation in the Act Number 5, 2004, justice review for citizens and principles of well law making. This is juridical normative research, which is trying to identify legal substances. The sources of data are secondary that are primary, secondary and tertiary legal sources. The research shows that the limitation of judicial review is to reduce the number of cases at the Supreme Court. The result of the nullification causes loss for citizens who are trying to fight for their rights and it does not reflect the principle of well law making process.

The Development of Singapore’s Military Justice System

2016 ◽  
Vol 20 (3-4) ◽  
pp. 186-218
Author(s):  
Joshua Matthew Goh
Keyword(s):  
Human Rights ◽  
United Kingdom ◽  
Justice System ◽  
English Court ◽  
Military Justice ◽  
The United Kingdom ◽  
European Court ◽  
Global Trend ◽  
Justice Systems ◽  
Civil Courts

The global trend towards civilianization of military justice systems has had its own unique impact on Singapore’s brand of military justice, in particular its mode of trial by General Court-Martial. This paper explores the development of Singapore’s military justice system since Singapore’s independence, comparing it to developments in the United Kingdom and Canada, two countries that have also civilianized their military justice systems with input from their civil courts, and in the case of the uk, the European Court of Human Rights. These jurisdictions provide a useful comparison on the progress of Singapore’s civilianization reform given both their shared origin of military justice in the English court-martial system and the focus of all three jurisdictions on better protecting the rights of accused servicemen.

Working Cooperatively with Other Criminal Justice Institutions

2019 ◽  
pp. 231-254
Author(s):  
Carolyn Hoyle ◽  
Mai Sato
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Cases ◽  
Decision Frames ◽  
Court Of Appeal ◽  
Jury Bias

This chapter examines how the Criminal Cases Review Commission works with two members of the criminal justice system in conducting investigations: the police and the Court of Appeal. It analyses a variety of cases, including those rare cases where the Commission uses its powers — under section 19 of the Criminal Appeal Act 1995 — to appoint an investigating officer to carry out enquiries to assist in the exercise of any of its functions. The chapter shows how the Commission deals with the investigating officer in section 19 cases and how it incorporates the results of the investigation into its decision on whether or not to refer a case back to the Court. It also explores the Commission's decision frames when it manages a section 19 investigation and when it works for the Court on section 15 investigations. Finally, it looks at section 15 investigations that involved alleged jury bias or misconduct.

scholarly journals Miscarriages of justice and expert psychiatric evidence: lessons from criminal appeals in England and Wales

2019 ◽  
Vol 25 (4) ◽  
pp. 251-264 ◽  
Author(s):  
Nicholas Hallett ◽  
Nadine Smit ◽  
Keith Rix
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Learning Objectives ◽  
List Type ◽  
Criminal Cases ◽  
England And Wales ◽  
Direct Bearing ◽  
Administration Of Justice ◽  
Court Of Appeal

SUMMARYMiscarriages of justice occur as a result of unsafe convictions and findings and inappropriate sentences. In cases involving expert psychiatric evidence it is possible that the way evidence is presented by experts or interpreted by the courts has a direct bearing on the case. Using illustrative cases from the Criminal Division of the Court of Appeal, advice is offered to expert psychiatric witnesses on ways to reduce the likelihood of contributing to such miscarriages of justice and on how they may assist in rectifying such miscarriages, should they occur.LEARNING OBJECTIVESAfter reading this article you will be able to: •understand the place of criminal appeals in the criminal justice system in England and Wales•understand what may go wrong in the provision of psychiatric evidence and how expert psychiatric evidence can assist in the administration of justice•be able to reduce the risk of unsafe convictions and inappropriate sentences when providing expert psychiatric evidence, including for cases referred to the Court of Appeal and the Criminal Cases Review Commission.DECLARATION OF INTERESTNone.

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