Law for Criminologists: A Practical Guide

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Ursula Smartt

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    Acknowledgements

    My grateful thanks go to the following individuals who have helped to bring this book about. Specifically to:

    My husband Mike Smartt OBE – once again for his patience for putting up with my nocturnal writing of the book; he took particular interest in the Northern Ireland chapters.

    Baroness (Lady) Kennedy of the Shaws – Helena Kennedy QC for writing such a wonderful preface.

    Lord (Eric) Avebury for constantly advising on new legislation and being such a really good friend.

    Caroline Porter – my amazing editor at Sage Publications, who had the original idea for the book. She continues being strict but fair and had to restrain me regarding the word limit.

    Jennifer Crisp for her cover design; another super inspirational idea other than the cover to my Media Law for Journalists.

    Stephen Pound MP, Member of the Northern Ireland Affairs Committee (2006–7) for advising on the Northern Ireland criminal justice system and the future of the prison system in the province.

    Dr Jon Vagg for alerting me to new forms of crime and the far-reaching globalisation of today's organised criminal activities.

    Gary Duffy, former Ireland Correspondent of the BBC, for assisting with the Northern Ireland chapters.

    David Graham, former chairman of the Independent Monitoring Board (IMB) for prisons (2003–6) and IMB member of HMP the Mount. He has helpfully advised on the role and function of IMBs.

    To the legal advisors at the Ealing MagistratesCourt, West London, especially chief legal advisor, Christopher Jordan, for his continued advice on the complexities of ever-changing criminal justice legislation.

    To the anonymous reviewers of my book. Whoever they were, they put in a lot of initial hard work, stating at one point that they really wanted this book to work.

    To Chris, a friend and community volunteer with the Surrey Youth Justice Service.

    Preface

    The law is entangled with our everyday existence: regulating our social relations and business dealings, controlling conduct which could threaten our safety and security and establishing the rules by which we live in community with each other. It is the baseline. Yet, too often law is covered in mystique and rendered remote by impenetrable language and the flummery of ritual. It is set apart from the everyday landscape in which it actually plays a seminal role. To parody the famous quote from L.P. Hartley – the law is a foreign country; they do things differently there. However, the lawyer and scholar, Ursula Smartt, comes to our rescue; her great gift is that she unmasks the mysteries and lays bare the complexities of law like few other writers on the subject.

    It is increasingly vital that criminologists understand crime and the criminal justice system in some depth. The world is going through a period of dynamic change, presenting new and ever more complex problems to nations and to the international community. Societies are more complicated and mixed than they were in the twentieth century; people are better educated, more demanding and more conscious of their rights. The position of women has changed radically. Attitudes to homosexuality, marriage and legitimacy have all altered. The rigid divisions between classes have broken down but poverty is still a social ill. Crime is taking new and more sophisticated forms. While the police and security agencies have an incredible array of technology at their disposal, so too have those who commit crime.

    The law has had to respond to this changed landscape. Increasingly, the answer to offending behaviour is sought in incarceration and prison numbers have almost doubled in the last 15 years. We create anti-social behaviour orders and other orders of social control, which often have the consequence of accelerating the trajectory to prison. New law is introduced at a furious pace by governments, anxious to show they are taking action in response to public fear. Then, a careful analysis of the crime figures shows that no increase in crime has in fact taken place and in some areas it has been greatly reduced.

    Public fear is often the product of factors other than crime: fear of the ‘other’ in a nation which increasingly depends on immigration to support a stable economy and in a world where increasing numbers of people flee inhumane treatment by their own governments; fear of the young who seem less deferential and controllable, rejecting old social norms; fear of anyone who is different, like those who have mental illness, have a different race or religion.

    Underpinning the public sense of insecurity is also a fear of the invisible powers which influence our lives, from international companies to intranational governing bodies like the World Trade Organization or the European Union. Globalisation makes people fearful that their jobs and personal finances, such as pensions, are being affected by forces well beyond their control. Fear ignites the desire for strong government but it also fuels a lack of confidence in our own institutions, like parliament, the courts or the police, to handle the enormity of new problems. All the advances which have allowed the global market to flourish, such as ease of travel, opening of borders, electronic transfer of money, the internet and telecommunications, have also stimulated international crime. Drugs importation, the black market in arms, people trafficking and terrorism have all burgeoned in our new world and old systems of investigation often seem ill-equipped. Into this mix, we must add our reluctance as a society to accept the vicissitudes of life. We have become risk averse. We readily perceive ourselves as victims and we look to see who is responsible for everything that befalls us. This makes us more litigious and willing to engage in courtroom processes ourselves.

    As our world has shrunk and crime has crossed borders, there has been a greater urgency to find synergies between our very different systems of law. This has led to changes in our own common law rules of evidence, the creation of new processes for extradition and better methods of receiving evidence from abroad. It has also forced us to restate the principles which should underpin all law, so that we do not receive evidence that has been obtained by unacceptable methods or surrender prisoners to systems which may punish in inhumane ways.

    Finding common denominators between systems of law is never easy but that is what human rights law seeks to do, which is why I was so glad to see that Ursula Smartt had placed such emphasis on this comparatively new development in our own system. It sets out the values which should inform all legal systems – the right to liberty, to a fair trial, to freedom of speech, to family life. It reaches beyond the rights vested in us because of our citizenship and creates rights which everyone of us should have by virtue of our shared humanity. Human rights establishes a common language about law but it should also create a grammar for our everyday existence as lovers, spouses, parents and neighbours.

    The criminal law changes more than many other parts of the law because it is so tied up with social development – that is what makes it so interesting and challenging and why I still feel so engaged after a lifetime in the criminal justice system. For example, when I first started in practice women had little voice within the system, either as practitioners, offenders or victims. Much has happened, though not enough has changed. There are many more women lawyers and judges but women involved in the processes still face stereotyping and a welter of mythology based on expectations about good womanhood. As victims of crimes such as rape they still have difficulty securing justice. However, it is within the criminal courts that social shifts are most tangible; it is also where the failure to make social change is most powerfully felt, as we see the poor and the dysfunctional as well as the maliciously aberrant.

    When I read Ursula Smartt's writings on the law, I always wish she had been around when I was a student. She brings clarity to complex subjects and always manages to get to the heart of any matter. This book is a triumph in its clarity, scholarship and sheer scope. I am happy for the students of criminology for whom it was created but I would like to see it reach a far wider audience. This is the book on criminal law that should be on the shelf of everyone connected to the criminal law: students, judges, lawyers, criminologists, prison governors and officers, police and probation officers, social workers, magistrates, inmates and offenders and even the interested public. It is too good to keep to ourselves.

    Baroness HelenaKennedy QC

    House of Lords, London

    March 2008

    Introduction: Why Study the Law as a Criminologist?

    It is my firm belief that all students of criminology need to study some law as part of their course. The question is: how much law? And which areas of law are appropriate for study? Law for Criminologists goes further than basic criminal law, police and prosecution procedures and sentencing structures. It was my intention to provide the reader with both broader issues in criminology as well as an introduction to socio-legal studies to show how law is made in the form of statutes and explain the meaning of common law.

    Law for Criminologists is based on my own teaching and lecturing on both criminology and law courses in higher education. Having studied and researched in both disciplines this book then offers a ‘cross over’ approach and seeks to provide students with a practical compendium of legal resources as well as criminological theories. Matters that up to a decade or so ago would have been considered obscure specialist legal issues, of little concern to the central themes of criminology, have increasingly become essential parts of our understanding of the causes of crime and the criminal justice system today.

    Why is it important for a criminologist to study law? Reasons are manifold. Not only because your university course includes some law, but also because we will look at how the law connects with traditional criminological theories, where as a critical criminologist you will be asked to reflect on the causes of crime and criminality. Over the past 20 years or so, Britain has seen a plethora of new penal policies in the form of criminal justice legislation, such as the Crime and Disorder Act 1998 or the Criminal Justice Act 2003.

    To understand the workings of all three legal systems – England and Wales, Scotland and Northern Ireland – this book will provide a broad outline of all three jurisdictions with ample legislation and case law examples, coupled with current themes in criminology. For example, how does the government deal with persistent young offenders? How do control orders come about and how are they executed against those suspected of terrorism offences? What legislation allows the police to stop, search and question someone in the street?

    Crime has spread across European borders and widespread organised criminal activity is a global law enforcement issue. Law for Criminologists draws the reader's attention to European legislation, the European Arrest Warrant, human rights legislation and the relevant courts, such as the European Court of Justice in Luxembourg, the European Court of Human Rights in Strasbourg and the workings of the International Criminal Court in The Hague.

    Why does this book not simply feature criminal law? Based on my own teaching, I have long felt that criminology students need to learn about basic principles of law and how all the courts work, civil as well as criminal. Increasingly, private individuals are using civil courts to bring private prosecutions, where the criminal courts have failed to find a person guilty.

    Each chapter is equipped with the following features:

    • An overview of the topic
    • Short case notes and summaries with full case citations in the appendix
    • One full and detailed case study at the end of each chapter
    • Sample examination and assessment questions
    • Further resources comprising suggested additional reading

    The case study at the end of each chapter serves as a legal research training exercise and is linked to a particular theme in the chapter. Students are encouraged to read each case cited in its original or electronic form (full law report) – as provided by either Westlaw or LexisNexis. Here follows a brief summary of what you can expect in the book.

    Chapter 1 introduces you to criminological theories and themes that discuss the distinction between crime and deviance. Questions will be addressed, such as: Why does a young person become deviant during his development? How does the environment, such as the family or the school, influence an individual? Why do some people turn to crime and others not? What are the causes of a person's criminal behaviour? What makes up a criminal offence? And how does the law address crime and why does criminal law change over time?

    Chapter 2 focuses on the English legal system and how it works in practice. You will learn about the main sources of English law, focusing on civil and criminal courts in England and Wales and their key personnel. Since English law is case law based – known as the ‘common law’ tradition – the learning of at least some of the leading cases and their precedents is advisable.

    Chapter 3 looks at the Scottish and Northern Irish legal systems and alerts you to the key differences in court and criminal procedures compared with the English and Welsh system. Scots criminal law is quite different from English law. It has a long history, dating back to medieval times and manifesting itself in Scottish independence with the Acts of Union 1707 which abolished the Scottish Parliament and created a ‘new’ parliament at Westminster. Devolved government will be explained with the Scottish Parliament in Edinburgh and the Northern Ireland Assembly in Belfast.

    A brief history of the Troubles in Northern Ireland will be provided so that you can understand some of the different court structures such as the juryless Diplock courts which were necessary in ‘scheduled’ offences in the Northern Irish province. With the Belfast Agreement of 1998 introducing normalisation in Northern Ireland, the book will then focus on changes in the criminal justice system including paramilitary prisoner releases from the Northern Irish prisons.

    Chapter 4 introduces you to European Union (EU) law and the European institutions confusingly spread between Brussels and Luxembourg, as well as giving you a brief history of the EU. You will learn about the supremacy of EU law over its 27 member states’ legislations and the legislative function of the European Court of Justice. Though students tend to find the subject of EU law difficult, it has been my intention to make this area of law user-friendly by providing you with some interesting case law and trying to reduce the complexities and wordiness of EU directives and regulations.

    Following the London and Madrid bombings it will be shown how the European Arrest Warrant has been used by EU law enforcement agencies in order to strengthen the third pillar of the EU, involving justice, home affairs, border control and the respective criminal courts.

    Chapter 5 provides you with the basic building blocks to what makes up a criminal offence in English criminal law: the actus reus and the mens rea. Though this chapter is volumous, I have tried to provide you with a user-friendly guide to some of the more difficult topics in criminal law, such as intention and causation, recklessness and the most common defences available, particularly in homicide offences.

    The chapter includes important changes in sexual offences legislation as provided by the Sexual Offences Act 2003, with specific examples relating to rape and sexually transmitted diseases. The lengthy case of Dica [2004] will be highlighted, where a Somali defendant stood accused of knowingly infecting two women with HIV. It will also be argued that the law in the area of ‘non-fatal offences against the person’ is urgently in need of reform.

    Chapter 6 continues where Chapter 3 left off and focuses on the criminal justice systems of Scotland and Northern Ireland. It will be explained how the Royal Ulster Constabulary (RUC) was replaced by the Northern Ireland Police Force in 2001. The chapter then looks at new styles of policing and how a suspect is ‘processed’ through the criminal justice systems in England and Wales, Scotland and Northern Ireland and how policing in the community works in all three jurisdictions.

    Chapter 7 examines popular punishment theories and how they are linked to current sentencing practices, with specific focus on plenty of realistic sentencing examples used by the courts today, such as discharges, fines, community sentences and finally imprisonment.

    At the time of writing this book, Britain's prisons were bursting at the seams and the prison population being the highest in Western Europe with 145 out of every 100,000 per population in custody, compared with France's 88 – though only a fraction of the United States’ 738. You will learn to understand why the prison population of England and Wales in particular has been steadily rising.

    The chapter will focus on continuing and high reoffending rates in that about 58 per cent of adult males will reoffend within two years of release from prison. Though the government has sought a quick fix by commissioning the building of more privately run and Titan prisons thereby providing about 8,000 more prison places, this may not necessarily address the causes of crime.

    Chapter 8 concentrates on human rights law in the UK and abroad and applied international case law, relevant to the study of criminology. One of the biggest changes to the law has taken place comparatively recently with the incorporation of European Convention on Human Rights and Fundamental Freedoms of 1950 (‘The Convention’) by way of the Human Rights Act 1998 into UK legislation. We will look at the way the Human Rights Act 1998 has affected all general principles of law in the UK, especially in criminal proceedings and imprisonment.

    The chapter then examines the arguments for and against capital punishment and alerts the reader to countries that have abolished the death penalty and those that have not. It will be argued that human rights law in conjunction with the rule of law and good governance should be among the strongest tools in the fight against terrorism of all EU governments today.

    Chapter 9 looks at legislation and criminal procedure regarding young people in England, Scotland and Northern Ireland. For a start, the age of criminal responsibility is different across the UK: a child aged 10 can be accountable for his crime in England, Wales and Northern Ireland, but an 8 year-old child can be charged with a criminal offence in Scotland.

    This final chapter picks up where Chapter 1 left off trying to address the question of why children and young people commit crime and how the criminal justice systems treats young delinquents. You will learn about different youth and community support schemes in all three jurisdictions and how restorative justice is addressing the needs of victims.

    It has been my prime objective that Law for Criminologists should motivate students of criminology to gain greater confidence when studying law as part of their curriculum. I have made every effort to keep this book up to date, since I am only too aware that legislation and common law change so rapidly. For this reason, I have added some useful websites in the appendices, together with statutes and case law across all three and EU jurisdictions, so that you can undertake updated research yourself. By the end of this book, you should be able to translate some criminological themes – such as what are the causes of youth crime – into the legal and procedural agenda, by thinking about social control, crime and deviance.

    If there is one aim that I would like to achieve with this book it is that you become enthusiastic about the law and that Law for Criminologists broadens your general criminological knowledge horizon, joining up the two disciplines of law and criminology. Hopefully, this book will serve you well in your academic studies and help you to become an excellent criminologist.

    UrsulaSmartt

    London 2008

  • Appendix 1 Table of Statutes

    Legislation

    Unless otherwise stated, the following statutes cover the jurisdiction of Great Britain; there are also separate enactments concerning Scotland and Northern Ireland, as well as secondary legislation, and EU primary and secondary different legislation.

    1688Bill of Rights 1688 (c. 2)
    1824Vagrancy Act 1824 (c. 83)
    1861Offences Against the Person Act 1861 (c. 100)
    1868Capital Punishment (Amendment) Act 1868 (c. 24)
    1876Customs Consolidation Act 1876 (c. 36)
    1883Explosive Substances Act 1883 (c. 3)
    1908Punishment of Incest Act 1908 (c. 45)
    1911Official Secrets Act 1911 (c. 28)
    1925Criminal Justice Act 1925 (c. 86)
    1929Infant Life (Preservation) Act 1929 (c. 34)
    1933Children and Young Persons Act 1933 (c. 12)
    1952Customs and Excise Act 1952 (c. 44)
    Prison Act 1952 (c. 52)
    1953Prevention of Crime Act 1953 (c. 14)
    Births and Deaths Registration Act 1953 (c. 20)
    Post Office Act 1953 (c. 36)
    1956Sexual Offences Act 1956 (c. 69)
    1957Homicide Act 1957 (c. 11)
    1959Restriction of Offensive Weapons Act 1959 (c. 37)
    1960Indecency with Children Act 1960 (c. 33)
    Administration of Justice Act 1960 (c. 65)
    1963Children and Young Persons Act 1963 (c. 37)
    1964Police Act 1964 (c. 48)
    Criminal Procedure (Insanity) Act 1964 (c. 84)
    1965Murder (Abolition of Death Penalty) Act 1965 (c. 71)
    1967Sexual Offences Act 1967 (c. 60)
    Fugitive Offenders Act 1967 (c. 68)
    Criminal Justice Act 1967 (c. 80)
    1968Criminal Appeal Act 1968 (c. 19)
    Theft Act 1968 (c. 60)
    1971Town and Country Planning Act 1971 (c. 8)
    Attachment of Earnings Act 1971 (c. 32)
    Misuse of Drugs Act 1971 (c. 38)
    Criminal Damage Act 1971 (c. 48)
    Immigration Act 1971 (c. 77)
    1972Road Traffic Act 1972 (c. 20)
    European Communities Act 1972 (c. 68)
    Criminal Justice Act 1972 (c. 71)
    1974The Juries Act 1974 (c. 23)
    Health and Safety at Work Act 1974 (c. 37)
    Rehabilitation of Offenders Act 1974 (c. 53)
    1975Sex Discrimination Act 1975 (c. 65)
    1976Bail Act 1976 (c. 63)
    Race Relations Act 1976 (c. 74)
    Sexual Offences (Amendment) Act 1976 (c. 82)
    1977Criminal Law Act 1977 (c. 45)
    1978Theft Act 1978 (c. 31)
    Protection of Children Act 1978 (c. 37)
    Employment Protection (Consolidation) Act 1978 (c. 44)
    1979Customs and Excise Management Act 1979 (c. 2)
    Sale of Goods Act 1979 (c. 54)
    1980Magistrates’ Courts Act 1980 (c. 43)
    1981Criminal Attempts Act 1981 (c. 47)
    Contempt of Court Act 1981 (c. 49)
    Supreme Court Act 1981 (c. 54)
    1982Planning Inquiries (Attendance of the Public) Act 1982 (c. 21)
    Taking of Hostages Act 1982 (c. 28)
    Aviation Security Act 1982 (c. 36)
    Criminal Justice Act 1982 (c. 48)
    1983Mental Health Act 1983 (c. 20)
    1984County Courts Act 1984 (c. 28)
    Matrimonial and Family Proceedings Act 1984 (c. 42)
    Police and Criminal Evidence Act 1984 (c. 60)
    1985Representation of the People Act 1985 (c. 2)
    Prosecution of Offences Act 1985 (c. 23)
    Interception of Communications Act 1985 (c. 56)
    The Child Abduction and Custody Act 1985 (c. 60)
    1986The Family Law Act 1986 (c. 9)
    Public Order Act 1986 (c. 64)
    1987Criminal Justice Act 1987 (c. 38)
    1988Merchant Shipping Act 1988 (c. 12)
    Coroners Act 1988 (c. 13)
    Criminal Justice Act 1988 (c. 33)
    Legal Aid Act 1988 (c. 34)
    Road Traffic Act 1988 (c. 52)
    Road Traffic (Consequential Provisions) 1988 (c. 54)
    1989Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)
    Extradition Act 1989 (c. 33)
    Children Act 1989 (c. 41)
    1990Law Reform (Miscellaneous Provisions) Act 1990 (c. 40)
    Courts and Legal Services Act 1990 (c. 41)
    1991Criminal Justice Act 1991 (c. 53)
    1992Aggravated Vehicle-Taking Act 1992 (c. 11)
    Further and Higher Education Act 1992 (c. 13)
    Sexual Offences (Amendment) Act 1992 (c. 34)
    Transport and Works Act 1992 (c. 42)
    1993Trade Union Reform and Employment Rights Act 1993 (c. 19)
    1994Intelligence Services Act 1994 (c. 13)
    Criminal Justice and Public Order Act 1994 (c. 33)
    1995Civil Evidence Act 1995 (c. 38)
    1996Criminal Procedures and Investigations Act 1996 (c. 25)
    Offensive Weapons Act 1996 (c. 26)
    Theft (Amendment) Act 1996 (c. 62)
    1997Knives Act 1997 (c. 21)
    Protection from Harassment Act 1997 (c. 40)
    Crime (Sentences) Act 1997 (c. 43)
    Sex Offenders Act 1997 (c. 51)
    1998Public Interest Disclosure Act 1998 (c. 23)
    Data Protection Act 1998 (c. 29)
    Crime and Disorder Act 1998 (c. 37)
    Human Rights Act 1998 (c. 42)
    1999Access to Justice Act 1999 (c. 22)
    Youth Justice and Criminal Evidence Act 1999 (c. 23)
    Immigration and Asylum Act 1999 (c. 33)
    2000Powers of Criminal Courts (Sentencing) Act 2000 (c. 4)
    Financial Services and Markets Act 2000 (c. 8)
    Terrorism Act 2000 (c. 11)
    Regulation of Investigatory Powers Act 2000 (c. 23)
    Postal Services Act 2000 (c. 26)
    Freedom of Information Act 2000 (c. 36)
    Criminal Justice and Court Services Act 2000 (c. 43)
    Sexual Offences (Amendment Act) 2000 (c. 44)
    2001International Criminal Court Act 2001 (c. 17)
    Anti-terrorism, Crime and Security Act 2001 (c. 24)
    2002Proceeds of Crime Act 2002 (c. 29)
    2003Licensing Act 2003 (c. 17)
    Anti-social Behaviour Act 2003 (c. 38)
    Country Courts Act 2003 (c. 39)
    Extradition Act 2003 (c. 41)
    Sexual Offences Act 2003 (c. 42)
    Criminal Justice Act 2003 (c. 44)
    2004Domestic Violence, Crime and Victims Act 2004 (c. 28)
    2005Prevention from Terrorism Act 2005 (c. 2)
    Constitutional Reform Act 2005 (c. 4)
    Serious Organised Crime and Police Act 2005 (c. 15)
    Drugs Act 2005 (c. 17)
    2006European Union (Accessions) Act 2006 (c. 2)
    Criminal Defence Service Act 2006 (c. 9)
    Terrorism Act 2006 (c. 11)
    Police and Justice Act 2006 (c. 48)
    2007Tribunals, Courts and Enforcement Act 2007 (c. 15)
    Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
    Forced Marriages (Civil Protection) Act 2007 (c. 20)
    Offender Management Act 2007 (c. 21)
    UK Borders Act 2007 (c. 30)
    2008Criminal Justice and Immigration Act 2008
    Wales
    2006Government of Wales Act 2006 (c. 32)
    Parliamentary Constituencies and Assembly
    Electoral Regions (Wales) Order 2006 (S.I. 2006/1041)
    Scotland
    1707Acts of Union (c. 7)
    1800Glasgow Police Act 1800
    1815Jury Trials (Scotland) Act 1815 (55 & 56 Geo. 3, c. 42)
    1833Burgh Police (Scotland) Act 1833
    1933Administration of Justice (Scotland) Act 1933 (23 &24 Geo. 5, c. 41)
    1937Children and Young Persons (Scotland) Act 1937 (1 Edw. 8 & 1 Geo. 6, c. 37)
    1967Police (Scotland) Act 1967 (c. 77)
    1968Social Work (Scotland) Act 1968 (c. 49)
    1971Sheriff Courts (Scotland) Act 1971 (c. 58)
    1973Local Government (Scotland) Act 1973 (c. 65)
    1974Criminal Procedure (Scotland) Act 1974 (c. 21)
    1976Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 (c. 14)
    1977Presumption of Death (Scotland) Act 1977 (c. 27)
    1978Adoption (Scotland) Act 1978 (c. 28)
    1980Bail (Scotland) Act 1980 (c. 4)
    Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
    Solicitors (Scotland) Act 1980 (c. 42)
    Criminal Justice (Scotland) Act 1980 (c. 62)
    1982Civic Government (Scotland) Act 1982 (c. 45)
    1984Mental Health (Scotland) Act 1984 (c. 36)
    1986Legal Aid (Scotland) Act 1986 (c. 47)
    1993Damages (Scotland) Act 1993 (c. 5)
    Carrying of Knives (Scotland) Act 1993 (c. 13)
    1995Children (Scotland) Act 1995 (s. 36)
    Criminal Procedure (Scotland) Act 1995 (c. 46)
    Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40)
    1997Crime and Punishment (Scotland) Act 1997 (c. 48)
    1998Human Rights Act (Scotland Act) 1998 (c. 46)
    2000Judicial Appointments (Scotland) Act 2000 (asp 9)
    Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
    2002Freedom of Information (Scotland) Act 2002 (asp 13)
    2003Criminal Justice (Scotland) Act 2003 (asp 7)
    2004Vulnerable Witnesses (Scotland) Act 2004 (asp 3)
    Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5)
    Antisocial Behaviour (Scotland) Act 2004 (asp 8)
    2005Protection of Children and Prevention of Sexual Offences (Scotland Act) 2005 (asp 9)
    Management of Offenders (Scotland) Act 2005 (asp 14)
    2007The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (c. 40)
    Northern Ireland
    1908Punishment of Incest Act 1908 (c. 45)
    1939Infanticide Act (Northern Ireland) 1939 (c. 5)
    1967Criminal Laws (Northern Ireland) Act 1967
    1968Children and Young Persons Act (Northern Ireland) 1968 (c. 34)
    1969Theft (Northern Ireland) Act 1969 (c.16)
    1970Police (Northern Ireland) Act 1970 (c. 9)
    1973Northern Ireland (Emergency Provisions) Act 1973
    Criminal Laws (Northern Ireland) Act 1977
    The Judicature (Northern Ireland) Act 1978 (c. 23)
    1977Criminal Laws (Northern Ireland) Act 1977
    1978The Judicature (Northern Ireland) Act 1978 (c. 23)
    1980Criminal Appeal (Northern Ireland) Act 1980 (c. 47)
    1995Northern Ireland (Remission of Sentences) Act 1995 (c. 47)
    1998Northern Ireland (Elections) Act 1998 (c. 12)
    Police (Northern Ireland) Act 1998 (c.32)
    Northern Ireland (Sentences) Act 1998 (c. 35)
    2000Police (Northern Ireland) Act 2000 (c. 32)
    2002Justice (Northern Ireland) Act 2002 (c. 26)
    2007Northern Ireland (St Andrew's Agreement) Act 2007 (c. 4)
    Justice and Security (Northern Ireland) Act 2007 (c. 6)
    Statutory Instruments (S.I.)
    1964Prison Rules 1964 (S.I. 1964/388)
    1974The Juries (Northern Ireland) Order 1974 (S.I. 1974/2143 (N.I. 6))
    1977The Family Law Reform (Northern Ireland) Order 1977
    1978European Communities (Services of Lawyers) Order 1978
    Health and Safety at Work (Northern Ireland)
    Order 1978 (S.I. 1978/1039 (N.I. 9))
    1979The Crown Court Rules (Northern Ireland) 1979 [SR 1979 No. 90]
    1980Rules of the Supreme Court (Northern Ireland) 1980 [SR No. 346]
    Criminal Justice (Northern Ireland) Order 1980 (N.I. 6)
    1981Magistrates’ Courts Rules 1981 (S.I. 1981/552; amending instruments relevant to this Part are S.I. 1983/523, 1986/1332, 2001/610 and 2003/1236)
    The Magistrates’ Courts (Northern Ireland) Order 1981 (No 1675 (N.I. 26))
    1982Crown Court Rules (S.I. 1982/1109)
    Homosexual Offences (Northern Ireland) Order 1982 (N.I. 19)
    1984Coroners Rules 1984 (S.11984 No 552)
    1985Child Abduction (Northern Ireland) Order 1985 (N.I. 17)
    1986Mental Health (Northern Ireland) Order 1986 (N.I. 4)
    1987The Adoption (Northern Ireland) Order 1987
    1988The Family Homes and Domestic Violence (Northern Ireland) Order 1988
    The Family Law Act 1986 (Commencement No.1) Order 1988 (c. 9)
    1989The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
    Family Proceedings Courts (Children Act 1989) Rules r16
    1995The Children (Northern Ireland) Order 1995
    Northern Ireland Prison and Young Offenders Rules 1995
    Prison (Amendment) Rules 1995 (S.I. 1995/983)
    1996Copyright and Related Rights Regulations (S.I. 1996/2967)
    Juries (Northern Ireland) Order 1996
    Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160/N.I. 24)
    1997Copyright and Rights in Databases Regulations (S.I. 1997/3032)
    1998Civil Procedures Rules (S.I. 1998/3132)
    Criminal Justice (Children) (Northern Ireland) Order 1998
    1999Prison Rules 1999 (S.I. 1999/728)
    2000Data Protection (Processing of Sensitive Personal Data) Order (S.I. 2000/417)
    2001Human Rights Act 1998 (Designated Derogation) Order 2001 (S.I. 2001/3644)
    The Police and Criminal Evidence Act 1984 (Drug Testing Persons in Police Detention) (Prescribed Persons) Regulation S.I. 2001 No. 2645
    2002The Allowances to Members of the Assembly (Winding up Allowance) (Amendment) Order (Northern Ireland) 2002 (Statutory Rule 2002 No. 230)
    2003The Protection of Children and Vulnerable Adults (Northern Ireland) Order 2003
    The Extradition Act 2003 (Designation of Part 1 Territories) (S.I. 2003 No. 3333) Order 2003
    The Sex Discrimination Act 1975 (Amendment) Regulations 2003 (S.I. No. 1657)
    Money Laundering Regulations (MLRs) of 2003 (S.I. No. 3075)
    2004Crown Court (Amendment) Rules 2004
    The Civil Procedure (Modification of Supreme Court Act 1981) Order 2004 (S.I. 2004/1033)
    2005The Misuse of Drugs Act 1971 (Amendment) Order 2005 (S.I. No. 2005)
    The Prison (Amendment) Rules 2005 (S.I. 2005/869)
    The Criminal Justice (Sentencing) (Licence Conditions) Order 2005 (S.I. 648)
    The Licensing Act 2003 (Transitional provisions) Order 2005
    2007The Criminal Proceedings etc. (Reform) (Scotland) Act 2007
    (Commencement No. 2 and Transitional Provisions and Savings) Order 2007 (S.I. 479)
    European Union Law
    1950European Convention for the Protection of Human Rights and Fundamental Freedoms (The Convention)
    1957Treaty of Rome
    1972European Communities Act 1972 (c. 68)
    1986Single European Act
    1992Treaty on European Union (‘Maastricht Treaty’) (c. 191)
    1997Treaty of Amsterdam (amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts) (c. 340/03)
    2001Treaty of Nice (amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts) (c. 80)
    2002Treaty Establishing the European Community (c. 325/33)
    Sale and Supply of Goods to Consumers Regulations 2002
    2003Treaty of Athens 2003
    2004Treaty establishing a Constitution for Europe, Rome (c. 310)
    2005Council of Europe Convention on the Prevention of Terrorism,
    Warsaw, 16.V.2005 (CETS No. 196).
    2007Lisbon Treaty (not yet ratified)
    EC/EU Directives
    1976Directive on Equal Treatment (Council Directive 76/207/EEC)
    1995Directive on the protection of individuals with regards to the processing of personal data and on the free movement of such data (95/46/EC) which gave effect to the Data Protection Act 1998
    2002Directive on Electronic Commerce (see S.I. 2002/2013)
    2003Directive on Privacy and Electronic Communications (see S.I. 2003/2426)
    Directive on the Implementation of the European Arrest
    Warrant to designated MS (15585/03)
    Directive on Sex Discrimination (76/207/EEC) as amended by Council Directive 2002/73/EC
    EU Council Decisions
    2002Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedure between Member States
    Other Foreign Legislation
    Geneva Convention 1863 (w 196)
    Geneva Convention 1923 (TS 1 (1926); Cmd 2575)
    Universal Postal Convention 1974 (renewed at Lausanne; Cmnd 6538); came into force on 1 January 1976 (TS 56 (1976))
    Nordic Extradition Act No 27 of 3 February 1960 (Denmark)
    Nordic Extradition Act No 270 of 3 February 1960 (Finland)
    Sweden Act 1959:254, concerning extradition to Denmark, Finland, Iceland and Norway for criminal offences

    Appendix 2 Table of Cases

    A (FC) and others (FC) v Secretary of State for the Home Department; X (FC) and another v Secretary of State for the Home Department (FC) [2004] UKHL 56 (sub nom ‘Belmarsh Ruling’], HL.

    A v United Kingdom [1997] (Application No 35373/97), 17 December 2002.

    Airedale NHS Trust v Bland {1993] AC 789; [1993] 2 WLR 316; [1993] 1 All ER 821.

    AJ (Cameroon) v Secretary of State for the Home Department [2007] EWCA Civ 373.

    Aksoy v Turkey [1997] 23 EHRR 553.

    Attorney General's Reference (No. 126 of 2006) R v H [2007] EWCA Crim 53; [2007] All ER 282.

    Attorney General's Reference (No. 4 of 2004) [2005] 1 AC 264.

    Attorney General's Reference (No. 2 of 1992) QB 91; [1994] 1 WLR 409.

    Attorney-General's Reference (No. 2 of 1992) [1994] QB 91; [1993] 3 WLR 982; [1993] 4 ALL ER 683.

    Attorney General for Northern Ireland's Reference (No. 1 of 1975) [1977] AC 105.

    Attorney General v Guardian Newspapers Ltd. [1987] (sub nom Spycatcher case) 3 ALL ER 316.

    Attorney General v Guardian Newspapers Ltd. (No. 2) (‘Spycatcher’) [1990] 1 AC 109.

    Attorney General v Guardian Newspapers Ltd. (‘Spycatcher’) (No. 3) [1992] 1 WLR 874.

    BvDPP[2000] 1 All ER 833.

    Beckford v R (The Queen) [1988] AC 130, HL.

    British Airways plc v Commission [2007] ECJ (2/93).

    Condron v United Kingdom Appl 35718/97 [2001] 31 EHRR 1.

    Council of Civil Service Unions v Minister for the Civil Service (sub nom GCHQ case) [1985] AC 374.

    Cork v McVicar, The Times, 31 October 1995.

    Cyprus v Turkey (application no. 25781/94) ECHR, 10 May 2001.

    Demicoli v Malta, Comm Rep [1992] Series A/210, 14 EHRR 47.

    Dickinson v UK [2007] (application no. 44362/04) ECHR, 4 December 2007.

    Diennet v France [1996] 21 EHRR 554.

    Director of Public Prosecutions (DPP) v Camplin [1978] AC 705.

    Donoghue v Stevenson [1932] AC 562.

    DPP v Majewski (Robert Stefan); R v Majewski [1977] AC 443

    DPP v Lynch [1975] AC 653.

    DPP v Morgan (William Anthony) (sub nom R v Morgan (William Anthony) [1976] AC 182.

    DPP v Smith [1961] HL.

    Douglas v Hello! Ltd. [2001] 2 WLR 992; [2001] UKHRR 223.

    Douglas v Hello! Ltd [2007] see OBg v Allan.

    Draper v United Kingdom [1980] 24 DR 72.

    Elliott v C (a minor) 1 WLR 939; [1983] 2 All ER 1005.

    Fagan v Metropolitan Police Commissioner [1969] 1 QB 439.

    Findlay v United Kingdom (case no. 22107/93) 24 EHRR 221, Judgement of 25 February 1997.

    Golder v United Kingdom [1975] Series A/18, 1 EHRR 524.

    GS and RS v United Kingdom [1991] ECHR application no. 17142/90.

    Hennessy (Andrew Michael) [1989] 1 WLR 287; [1989] 2 All ER 9.

    Hill v Baxter [1958] 1 QB 277; [1958] 2 WLR 76.

    Hill v Chief Constable of West Yorkshire [1989] AC 53; [1988] 2 WLR 1049.

    Hirst v United Kingdom (No 2) (application no. 74025/01) [2006] EHRR 42.

    ICC Prosecutor v Thomas Lubanga Dyilo (Case ICC-01/04–01/06) Recruitment of child soldiers in the Democratic Republic of the Congo.

    Re J (a minor) (wardship: medical treatment) [1990] 3 All ER 930.

    Jaggard v Dickinson [2004] 72 Cr App R 33.

    Keating (a minor) v Knowsley Metropolitan Borough Council [2004] EWHC 1933.

    Kraus [1993] (Case C-19/92) ECR I-1663.

    L and others v Kennedy (Reporter to Children's Panel, Strathclyde Region) [1993] SLT 1310; [1993] SCLR 693.

    Re. Lawrence (1999) Times, 13 July 1999.

    Lee Chun-Chuen v R [1963] AC 220.

    Leech v Deputy Governor of Parkhurst Prison [1988] 1 All ER 485.

    Lynch v DPP [2002] 1 Crim App R 420.

    MacDougall v Knight [1889] AC 194.

    Mahon v Air New Zealand [1984] AC 808.

    Malone v Metropolitan Police Commissioner [1979] 1 Ch 344.

    Malone v United Kingdom [1984] 7 EHRR 14.

    McArdle v Orr (Procurator Fiscal, Inverness) [1994] SLT463; [1993] SCCR 437.

    McCormickv Lord Advocate [1953] SC 396.

    Mr and Mrs F v Belgian State [1975] (Case 7/75) ECR 679; [1975] 2 CMLR 293–4.

    Murray (John) v United Kingdom [1996] 22 EHRR 29.

    Re. Officer L (Respondent) (Northern Ireland) [2007] UKHL 36; [2006] NI QB75.

    OBG Ltd. and others v Allan and others; Douglas and another and others v Hello! Ltd and others; Mainstream Properties Limited v Young and others and another [2007] UKHL 21 (sub nom Douglas v Hello! [2007]).

    Osman v United Kingdom (Case 87/1997/871/ 1–83) [1998] 29 EHRR 245.

    Parker v R [1964] 2 All ER 641, [1964] AC 1369.

    Parkes v Prescott [1869] LR4 EX 169.

    Pretty v UK [2002] FCR 97.

    Raymond v Honey [1983] 1 AC 1.

    Real Estates Opportunities Ltd v Aberdeen Asset Managers Jersey Ltd and others [2006] EWHC 3249 (Ch) [2006] All ER 237.

    R v A [2002] 1 AC 45; [2001] UKHL 25.

    R (on the application of A) v Leeds Magistrates’ Court and Leeds City Council [2004] EWHC 554.

    R v Abdul-Hussain [1999] Crim LR 570.

    R v Acott [1997] 1 All ER 706.

    R v Adomako(John Asare) [1995] 1 AC 171; [1994] 3 All ER 79.

    R v Ahluwalia [1992] 4 All ER 889; [1993] Crim LR 63.

    R v Alden and Jones [2001] 5 Archbold News 3.

    R (on the application of Al-Fawwaz) v Governor of Brixton Prison [2001] UKHL 69; [2002] 1 AC 666.

    R (on the application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15.

    R v Allen (Kevin) [1988] Crim LR 698.

    R v Andrews v DPP [1937] 2 All ER 552.

    R v Bailey [2004] 77 Cr App R 76.

    R v Belfon[1976] 1 WLR 741.

    R v Berry {1996] 66 Cr App R 156.

    R v Bradley [2005] EWCA Crim 20.

    R v Bree [2007] EWCA Crim 256.

    R v Briggs[1977] 1 WLR 605.

    R v Brown (Anthony); Lucas; Jaggard; Laskey; Carter [1994] 1 AC 212; [1993] 2 All ER 75.

    R v Bryson[1985] Crim LR 669.

    R v Bruzas [1972] Crim LR 367.

    R v Burgess [1991] 2 WLR 1206.

    R v Caldwell (James) (sub nom Commissioner of Police of the Metropolis v Caldwell) [1982] AC 341; [1981] 2 WLR 509.

    R v Camberwell Green Youth Court, ex parte D & others. Unreported, QBD Administrative Court, 3 February 2003.

    R v Camplin[1978] QB 254.

    R v Cato and others [1976] 1 All ER 260.

    R v Cawthorne [1996] 2 Cr App R 445.

    R v Chan Fook (Mike) [1994] 1 WLR 689; [1994] 99 Cr App R 147.

    R v Cheshire (David William) [1991] 1 WLR 844; [1991] 3 All ER 670.

    R v Clarence (Charles James) [1888] 22 QBD 23.

    R v Clegg (Lee William) [1995] 1 AC 482; [1995] 2 WLR 80.

    R v Cocker [1989] Crim LR 740.

    R v Cole [1994] Crim LR 582.

    R v Conway (Francis Gerald) [1989] QB 290; [1988] 3 WLR 1238.

    R v Cox [1995] Crim LR 741.

    R v Cunningham (Anthony Barry) [1982] AC 566.

    R v Cunningham (Roy) [1957] 2 QB 396; [1957] 2 All ER 412.

    R v D [2005] EWCA Crim 2292.

    R v Dalby (Derek Shaun) [1982] 1 WLR 621; [1982] 1 All ER 916.

    R v Dica (Mohammed) [2004] EWCA Crim 1103; [2004] QB 1257.

    R v Dica (Nr 2) [2005] All ER 405.

    R v Director of Public Prosecutions, ex parte (1) Sofiane Kebeline (2) Ferine Boukemiche (3) Sofiane Souidi [1999] 3 WLR 175.

    R v Doughty [1986] 83 Cr App R 319.

    R v DPP, ex parte C [1995] 1 Cr App R 136.

    R (on the application of Pretty) v DPP (Secretary of State for the Home Department intervening) [2001] UKHL 61.

    R v Dudley and Stephens (1884–5) 14 QBD 273, [1881–5] All ER Rep 61.

    R v Duffy [1949] 1 All ER 932.

    R v Egan[1992]4 All ER 470.

    R v Evesham Justices ex parte McDonagh and Another [1988] QB 553.

    R v G [2004] (Re. G)

    R v G and R [2004] 1 AC 1034; [2003] UKHL 50; [2003] 3 WLR 1060.

    R v Gibbins & Proctor [1918] 13 Cr App R 134.

    R (on the application of Gibson) v Winchester Crown Court [2004] EWHC 361.

    R (on the application of Girling) v Parole Board and another [2007] 2 All ER 688.

    R v Governor of HMP Swaleside ex parte Wynter (case No. CO/845/98, 11 May 1998) ECHR judgement of 13 May 1998.

    R v Governor of Pentonville Prison ex parte Azam [1974] AC 18.

    R v Great Western Trains Co, Central Criminal Court, 30 June 1999, unreported.

    R v H [2007] EWCA Crim 53 (see Attorney General's Reference (No. 126 of 2006)).

    R v Hall (1928) 21 Cr App R 48.

    R v Hancock (Reginal Dean); R v Shankland (Russell) [1986] AC 455.

    R v Hardie [2004] 80 Cr App R 157.

    R v Hatton (Jonathan) [2005] EWCA 2951.

    R v Hayward [1833] 172 ER 1188.

    R v Henn; R v Derby (Case 34/79) [1979] ECR 3795; [1980] 1 CMLR 246; [1981] AC 850; [1980] 2 WLR 597.

    R v Hobson (Kathleen) [1998] 1 Cr App R 31.

    R v Hoey (Sean) [2007] Omagh Judgement by the Crown Court Sitting in Northern Ireland at Belfast, No. [2007] NICC 49. Ref: WEI7021 of 20 December 2007. Bill No: 341/05.

    R v Howe [1987] 1 AC 417; [1987] 1 All ER 771.

    R v Humphreys [1995] unreported, The Times, 7 July 1995.

    R v Hurst [1995] 1 Cr App R 82.

    R v Ireland (Robert Matthew); R v Burstow (Anthony Christopher) [1998] AC 147; [1997] 3 WLR 534.

    R v Jackson [1891] 1 QB 671.

    R v Jenkins and others [2002] 3 Archbold News 3.

    R v Jordan (James Clinton) [1956] 40 Cr App R 152.

    R v K (age of consent: reasonable belief) [2001] UKHL 41; [2002] 1 AC 462.

    R v Kearley [1992] 2 All ER 345.

    R v Kennedy (Simon) (Nr 1) [1999] Cr LR 65.

    R v Kennedy (Simon) (Nr 2) [2005] EWCA Crim 685.

    R v Kennedy (Simon) [2007] UKHL 38, HL; [2007] 4 All ER 1083.

    R v Kingston (Barry) [1995] 2 AC 355; [1994] 3 WLR 519.

    R v Kirk [2006] EWCA Crim 725.

    R v Konzani [2005] EWCA Crim 706; [2005] All ER 292.

    R v Krause [1902] 18 LTR 238.

    R v Kray [1969] 53 Cr. App. Rep 412.

    R v Lamb (Terence Walter) [1967] 2 QB 981.

    R v Lambert (Steven) [2002]; R v Ali (Mudassir Mohammed); R v Jordan (Shirley) [2001] UKHL 37; [2002] AC 545.

    R v Lang & Ors [2005] EWCA Crim 2864.

    R v Lawrence (Stephen Richard) [1982] AC 510; [1981] 2 WLR 524; [1981] 1 All ER 974, HL.

    R v Lawrence [1981] 1 All ER 974.

    R v Lee (a minor) [1993] 2 All ER 170; [1993] 1 WLR 103.

    R v Leeds Crown Court, ex p Briggs (No 1) [1998] 2 Cr App R 413.

    R v Lewis [2004], The Times, 22 May 2004.

    R v Lipman (Robert) [1970] 1 QB 152.

    R v Lynsey (Jonathan Simon) [1995] 3 ALL ER 654.

    R v Malcherek (Richard Tadeusz), R v Steel (Anthony) [1981] 1 WLR 690; [1981] 2 All ER 422.

    R v Martin (Anthony Edward) [2003] QB 1; [2002] 2 WLR 1.

    R v McGregor [1962] NZLR 1069.

    R v McKnight and Groark [1999] Crim LR 669.

    R v McNaghten [1843] UKHL J16.

    R (Mellor) v Secretary of State for the Home Department [2001] QB 13; [2001] EWCA Civ 472, 20 March 2001.

    R v Miller (James) [1983] 2 AC 161.

    R v Mitchell (Luke) [2004–05] Unreported.

    R v M'Loughlin [1838] 173 ER 651.

    R v Moloney (Alistair Baden) [1985] AC 905.

    R v Morrissey and R v Staines [1997] TLR 231.

    R v Nedrick (Ransford Delroy) [1986] 1 WLR 1025.

    R v Newcastle upon Tyne Coroner ex parte A [1998], The Times, 19 January 1998.

    R v Newell (1980) 71 Cr App R 331.

    R v Newtownabbey Magistrates’ Court ex parte Belfast Telegraph Newspapers Ltd {1997], August 27, QBD.

    R v O'Connor [1991] Crim LR 135.

    R v O'Donnell [1996] 1 Cr App R 286.

    RvO'Grady [1987] 3 WLR 321.

    R v Oliver; R v Hartrey; R v Baldwin [2003] 1 Cr LR 127; [2002] All ER 320 (Nov).

    R v Parkinson [2004] EWCA Crim 2757.

    R v Pommell [1995] 2 Cr App R 607.

    R v Pritchard [1836] 7 C & P 303.

    R v Purcell [2006] EWCA Crim 1264.

    R v R (rape: marital exemption) [1992] 1 AC 599, [1991] 3 WLR 767.

    R v Richardson and Irwin [1999] 1 Cr App R 392.

    R v Roberts (Kenneth Joseph) [1972] 56 Cr App R 95; [1972] Crim LR 27.

    R v Robertson [1968] 52 Cr App R 690.

    R v Sanderson [1994] 98 Cr App R 325.

    R v Savage; R v Parmenter [1992] 1 AC 699, HL; [1991] 3 WLR 914.

    R v Secretary of State for the Home Department ex parte Duggan [1994] 3 All ER 277.

    R v Secretary of State for the Home Department, ex parte Venables; R v Secretary of State for the Home Department, ex parte Thompson [1998] AC 407; [1997] 3 WLR 23.

    R v Secretary of State for the Home Department, ex p Simms [2000] 2 AC 115; [1999] 3 WLR 328.

    R (on the application of Lin and others) v Secretary of State for Transport [2006] EWHC 2575.

    R v Seymour [1983] 2 All ER 1058.

    R v Sheehan (Michael); R v Moore (George Alan) [1975] 2 All ER 960.

    R v Singh [2006] EWCA Crim 660, [2006] 1 WLR 1564.

    R v Smith (Sandie) [1982] Crim LR 531.

    R v Smith (Thomas Joseph) [1959] 2 QB 35.

    R v Stephens [2002], The Times, 27 June 2002.

    R v Stephenson (Brian Keith) [1979] QB 695.

    R v Sullivan (Patrick Joseph) [1984] AC 156; [1983] 3 WLR 123.

    R v Sutcliffe [1982] (unreported)

    R v Thornton (Sara Elizabeth) [1992] 1 All ER 306.

    R v Thornton (Sara Elizabeth) (No. 2) [1996] 1 WLR 1174; [1996] 2 ALL ER 1023.

    R v Vittles [2004] EWCA Crim 1089.

    R v Wacker (Perry) [2002] EWCA Crim 1944; [2003] QB 1207; [2003] 2 WLR 274.

    R v Weller [2003] 3 Archbold News 2.

    R v West [1996] 2Cr. App 374.

    R v Willer [1987] 83 Cr App R 225.

    R v Wilson (Clarence George) [1984] AC 242; [1983] 3 WLR 686.

    R v Woollin (Stephen Leslie) [1999] AC 82, HL; [1998] 4 All ER 103.

    R v Wright [2000] Crim LR 510.

    R v Young [2005] All ER 329.

    Secretary of State for the Home Department v MB [2006] EWCA Civ 1140; [2006] 3 WLR 839.

    Sheldrake v DPP [2005] 1 AC 264.

    Silver v United Kingdom [1983] Series A/61, 5 EHRR 347.

    Soering v United Kingdom [1989] 11 EHRR 439.

    Stögmüller v Austria [1969] 1 EHRR 155.

    Tomasi v France [1992] 15 EHRR 1.

    Unterpertinger v Austria [1991] 13 EHRR 175.

    V v UK; Tv UK (sub nom, Venables and Thompson) [1999] 30 EHRR 121.

    Venables and another v News Group Newspapers Ltd. [2001] Fam. 430; [2001] 2 WLR 1038.

    W v Switzerland [1994] 17 EHRR 60.

    Wemhoff v Germany [1968] 1 EHRR 55.

    Woolmington v DPP [1935] AC 462.

    X v Denmark Yearbook [1965] Vol 8 p 370, ECHR.

    X v United Kingdom [1975] 2 DR 105, ECHR.

    Zafar and others v R [2008] EWCA Crim 184, CA (Crim Div): Aitzaz Zafar; Akbar Butt; Awaab Iqbal; Mohammed Raja and Usman Malik (Appellants) v R (Respondent) [2008] EWCA Crim 184, CA (Crim Div), 13 February 2008.

    Zimmermann v Switzerland [1984] 6 EHRR 17.

    Appendix 3 Glossary of Criminological and Legal Terms

    A
    ACCUSEDThe person charged. The person who has allegedly committed the offence.
    ACQUITTALDischarge of defendant following verdict or direction of not guilty.
    ACT OF PARLIAMENTPrimary legislation; Statute. Usually the House of Commons and the House of Lords both debate proposals for new laws and at this stage they are called Bills.
    ACTS OF UNIONThe Acts of Union were a pair of parliamentary acts passed in 1706 and 1707 by the English and Scottish parliaments; they took effect from 1 May 1707 and dissolved both the parliaments of England and Scotland and replaced them with a new Parliament, the Parliament of Great Britain, based in Westminster.
    ACTUS REUSThe ‘external’ element of a crime or ‘guilty act’. The commission of a crime requires causation or ‘conduct’; there can also be an act of omission or failure to act. In order for criminal conduct to be proved, both the actus reus and the mens rea elements of the offence must be present. See also: mens rea.
    AN GARDA SÍOCHÁNAIreland's National Police Force.
    ANTECEDENTSInformation about an offender's background received in court as part of the sentencing process.
    APPEALApplication to a higher Court or authority for review of a decision of a lower Court or authority.
    ANTI-SOCIAL BEHAVIOUR ORDER (ASBO)A civil order made against a person who has been shown to have engaged in anti-social behaviour (Crime and Disorder Act 1998: ‘conduct which caused or was likely to cause alarm, harassment, or distress to one or more persons not of the same household’).
    B
    BAILRelease of a defendant from custody, until his/her next appearance in Court, subject sometimes to security being given and/or compliance with certain conditions.
    BARThe collective term for barristers.
    BARRISTERA member of the bar: the branch of the legal profession which has rights of audience before all courts.
    BASIC INTENT CRIMESAn offence where recklessness will suffice. Offences of basic intent include:
    • Involuntary manslaughter (Lipman 1970)
    • Rape (s.1 Sexual Offences Act 2003)
    • Malicious wounding [GBH] (s. 20 OAPA 1861; Majewski)
    • Criminal damage (s. 1 (1) Criminal Damage Act 1971; R v G 2003, HL)
    • ABH(s. 47 OAPA 1861)
    • Common assault and battery (s. 39 CJA 1988).
    BATTERYA person is guilty of battery if he intentionally or recklessly applies unlawful force to the body of another person (s. 39 CJA 1988) (see: Fagan v Metropolitan Police Commissioner [1969] 1 QB439).
    BILLProposal for a new law, which is debated by Parliament. A Bill becomes an Act when it has received Royal Assent. A Bill may be introduced into either House, with the exception of Money Bills which the Lords cannot initiate or amend (see Act of Parliament).
    BURDEN OF PROOFIn general, the prosecution must prove the defendant's guilt beyond any reasonable doubt (see Woolmington v DPP 1935 HL) (see also diminished responsibility).
    BURGLARYTrespassing into another's property and stealing or attempting to steal.
    C
    CAUTION(i) Warning given by a Police Officer to a person charged with an offence; (iii) Warning given by a Police Officer, instead of a charge.
    CHILD SAFETY ORDERAn order made by a magistrates’ court, placing a child under the supervision of a responsible officer where the child has committed acts which could constitute an offence had he been over 10 years old at the time; or which were likely to cause harassment, alarm or distress.
    CIRCUIT JUDGEA judge who sits in the County Court and/or Crown Court.
    CIVILMatters concerning private rights and not offences against the state.
    CJACriminal Justice Act e.g. CJA 2003.
    COMMITTAL(i) Committal for trial: following examination by the Magistrates of a case involving an indictable or either-way offence; the procedure of directing the case to the Crown Court to be dealt with there because of seriousness;
    (ii) Committal for Sentence: where Magistrates consider that the offence justifies a sentence greater than they are empowered to impose, they may commit the defendant to the Crown Court for sentence to be passed by a judge;
    (iii) Committal Order: An order of the Court committing someone to prison.
    COMMON LAWThe law established, by precedent, from judicial decisions and established within a community (also known as ‘case’ or ‘judge made’ law).
    COMMUNITY SENTENCESingle ‘community punishment’ order under CJA 2003 with a number of options attached (e.g. unpaid work in the community) available to justices instead of a prison sentence.
    COMPENSATION ORDERSum of money to make up for or make amends for loss, breakage, hardship, inconvenience or personal injury caused by another (Crime and Disorder Act 1998).
    CONDITIONAL DISCHARGE (CD)A form of sentence; convicted defendant is discharged on condition that he does not re-offend within a specified period of time.
    CONTEMPT OF COURTDisobedience or wilful disregard to the judicial process (Contempt of Court Act 1981).
    COUNSELSee Barrister.
    COURT OF APPEAL (CA)Divided into: (i) civil and, (ii) criminal divisions; Hears appeals: (i) from decision in the High Court and County Courts and, (ii) against convictions or sentences passed by the Crown Court.
    CPSCrown Prosecution Service.
    CRIMEAn activity that is classified within the criminal laws of a country. Specific form of deviance; breaking of legal state norms (rules).
    CRIMINALPerson who has been found guilty of a criminal offence.
    D
    DAMAGESAn amount of money claimed as compensation for physical/material loss, e.g. personal injury, breach of contract (ordered in a civil court).
    DEFENDANTA person standing trial (the accused).
    DEVOLUTIONDecentralisation of governmental power, e.g. setting up of Scottish Parliament, National Assembly for Wales, Northern Ireland Assembly.
    DIMINISHEDThe Homicide Act 1957 s. 2 (1) provides that:
    RESPONSIBILITY‘Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts and omissions in doing or being a party to the killing’. A successful plea of diminished responsibility reduces liability from murder to manslaughter (s. 2(3)).
    DISMISSALNotice given to the court by the CPS that the case is dismissed.
    DISTRICT JUDGEA judicial officer of the court whose duties involve hearing applications made within proceedings and final hearings subject to any limit of jurisdiction (previously known as ‘Stipendiary Magistrates’).
    DIVISIONAL COURTAs well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals. The Divisional Court of the Chancery Division deals with appeals in bankruptcy matters from the County Court. The Divisional Court of the Queen's Bench Division deals largely with certain appeals on points of law from many Courts. The Divisional Court of the Family Division deals largely with appeals from Magistrates’ Courts in matrimonial matters.
    DOLI INCAPAXThe presumption that a child is incapable of committing an offence, unless he knew that what he was doing was seriously wrong.
    E
    ECHREuropean Convention on Human Rights and Fundamental Freedoms (The Convention); also refers to the European Court of Human Rights in Strasbourg.
    EITHER-WAY OFFENCEAn offence for which the accused may elect the case to be dealt with either summarily by the Magistrates’ Court or by committal to the Crown Court to be tried by jury.
    EUROPEAN ARREST WARRANT (EAW)Brought into UK law by way of the Extradition Act 2003. Facilitates legal and law enforcement cooperation in the procedure to extradite suspects from one EU country to another where they are wanted on criminal charges.
    EUROPEAN CONVENTIONOn 4 November 1950 the European Convention for the Protection of Human Rights and Fundamental Freedoms (‘the European Convention’) was signed by the then Council of Europe member states.
    EUROPEAN COURT OF HUMAN RIGHTS (ECHR)An international court based in Strasbourg. It consists of a number of judges equal to the number of member states of the Council of Europe that have ratified the Convention for the Protection of Human Rights and Fundamental Freedoms.
    EUROPEAN COURT OF JUSTICE (ECJ)An EU institution, located in Luxembourg. Cases brought by an EU member state, individual or community institution must be heard in a plenary session.
    EUROPEAN PARLIAMENT (EP)Directly elected democratic Parliament of the EU with presently 27 member states representatives democratically elected.
    EUROPOLEuropean Police Office, the EU's law enforcement organisation that handles criminal intelligence, set up in 1995 by the Europol Convention ratified on the 1 October 1998.
    EUROJUSTEU agency that helps EU member states deal with the investigation and prosecution of serious cross-border and organised crime. It provides legal and practical information on mutual legal assistance to practitioners.
    F
    FRAUDObtaining property by deception.
    G
    GBHGrievous bodily harm, defined in DPP v Smith as meaning ‘really serious harm’. GBH also includes psychological harm (see Burstow 1998 HL).
    GOOD FRIDAY AGREEMENTor ‘Belfast agreement’ of 10 April 1998 states that Northern Ireland should remain in the UK so long as the people wish it. It made provision for devolved government with the Assembly at Stormont.
    H
    HATE CRIMEGroup harms which are aimed at specific minority groups (e.g. homosexuals); hate crimes involve racial intimidation, ethnicity religion, or other minority groups. Include assaults, graffiti, property attacks.
    HEARSAY EVIDENCEOral or written statements made by someone who is not a witness in the case but which the court is asked to accept as proving what they say.
    HIGH COURTA civil court which consists of three divisions: (i) Queen's Bench (can be known as King's Bench Division if a King is assuming the throne) – civil disputes for recovery of money, including breach of contract, personal injuries, libel/slander;
    (ii) Family – concerned with matrimonial matters and proceedings relating to children, e.g. wardship;
    (iii) Chancery – property matters including fraud and bankruptcy.
    HOME OFFICEIts role changed from 9 May 2007, now with responsibility for public protection, the fight against terrorism, anti-social behaviour, border control and the police service (see also Ministry of Justice).
    HOMICIDEThere are a number of offences involving homicide. The two most important are murder and manslaughter. They share a common actus reus – the killing of a human being. Involuntary manslaughter differs from murder in terms of the mens rea required, in that it is the availability of one of a number of specific defences that distinguishes voluntary manslaughter from murder (see diminished responsibility; intention).
    HOUSE OF COMMONSLower chamber of the UK Parliament where elected Members of Parliament (MPs) sit in debate.
    HOUSE OF LORDSUpper chamber of the UK Parliament. The Law Lords are part of the House of Lords and the Appellate Committee acts as the court of appeal (see Supreme Court).
    HOSTILE WITNESSA witness seemingly biased against the person calling them as a witness (e.g. domestic violence cases), evading what they said in a previous, out of court, statement. If the court agrees, they can be cross-examined by the person calling them.
    HRAHuman Rights Act 1998.
    HUMAN TRAFFICKINGor people-smuggling; a very serious crime against persons and an abuse of human rights. Traffickers target, deceive and exploit vulnerable individuals like women or children from underprivileged countries, with the promises of well-paid employment opportunities and improved social conditions.
    I
    INDICTABLE OFFENCEA criminal offence triable only at the Crown Court with judge and jury.
    INJUNCTIONA High Court order that either restrains a person from carrying out a course of action (e.g. in domestic violence) or directing a specific course of action be complied with. Once an injunction is breached it becomes a criminal action and may be punished by the courts.
    INTENTION (mens rea)The mens rea for a number of offences is defined in terms of ‘intention’ or ‘with intent to …’, or ‘intentionally, indicating that recklessness will not suffice. Where it is not the defendant's aim or purpose, but he foresaw that it was a virtually certain result of his actions, the jury may infer that he intended it. (Hancock & Shankland [1986]; Savage & Parmenter [1991]).
    INTERNATIONAL CRIMINAL COURT (ICC)The ICC in The Hague was established by the Rome Statute of the International Criminal Court (The Rome Statute’) on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of the International Criminal Court. It punishes crimes against humanity and genocide.
    INTOXICATIONAlthough a lack of mens rea caused by voluntary intoxication will ‘excuse’ a crime of ‘specific intent’ the defendant may be convicted of an offence of ‘basic intent’ despite his lack of mens rea (Majewski [1977]).
    INQUISITORIALRefers to civil code justice systems (e.g. Germany, France, Spain, Greece) in which the ‘inquisitorial’ judge has primary responsibility to investigate the case.
    J
    JUDGEMENTFinal decision of a court.
    JUDICIARYA judge or other officer empowered to act as a judge.
    JURORA person who has been summoned by a court to be a member of the jury (see jury).
    JURY (ENGLAND/WALES)Consists of a body of 12 jurors, sworn to reach a verdict according to the evidence in a Crown Court; there can be a jury in the High Court in defamation or libel actions and also in an inquest.
    JURY (SCOTLAND)In the Scottish High Court, a 15 member jury-hears all criminal trials with a simple majority verdict to establish guilt or innocence (such as 8:7).
    JUSTICE OF THE PEACE (JP)A lay magistrate and unpaid member of the public, appointed to administer judicial business in a magistrates’ court in England and Wales.
    JURISDICTIONThe area and matters over which a court has legal authority.
    L
    LAWThe system made up of rules established by an Act of Parliament, custom or practice enjoining or prohibiting certain actions (see also common law).
    LAW LORDSOr ‘Lords of Appeal in Ordinary’; senior judges or holders of high judicial office, who are given life peerages in order to carry out the judicial work of the House of Lords (see House of Lords).
    LAW REPORTSRecord of ‘test’ cases in common law that lay down important legal principles known as precedent, such as ‘The Weekly Law Reports’ (WLR).
    LEGISLATIONAn Act of Parliament or statute.
    LITIGATIONLegal proceedings.
    LORD CHIEF JUSTICESenior judge (law lord) of the Court of Appeal (Criminal Division) who heads the Queens Bench Division (QBD) of the High Court of Justice.
    LORD JUSTICE OF APPEALTitle given to certain judges sitting in the Court of Appeal (CA).
    M
    MAGISTRATEsee Justice of the Peace.
    MAGISTRATES’ COURTA court where criminal proceedings are commenced before Justices of the Peace (or magistrates), who examine the evidence/statements and either deal with the case themselves or commit to the Crown Court for trial or sentence. Also has jurisdiction in civil matters, such as the family court.
    MALICE AFORETHOUGHTA misleading term, signifying the mens rea for murder, i.e. an intention to kill or cause grievous bodily harm (see GBH).
    MALICIOUS WOUNDINGInflicting GBH. Inflicting grievous bodily harm is an offence under s. 20 OAPA 1861, punishable with a term of imprisonment not exceeding five years. GBH can include very serious psychological harm.
    MANSLAUGHTERThere are several modes of committing manslaughter:
    (i) Constructive manslaughter. Also known as ‘killing by an unlawful act’, this offence is committed where the defendant intentionally commits an unlawful and dangerous act resulting in death.
    (ii) ‘Reckless’ manslaughter requires Caldwell-type recklessness with respect to some injury.
    (iii) Provocation manslaughter. A person (the defendant) who killed with malice aforethought will, nevertheless, be acquitted of murder and convicted of manslaughter if at the time of the killing the defendant, as a result of provocation, suffered a sudden and temporary loss of self control and the jury are satisfied that the reasonable man would, in the circumstances, have done as the defendant did.
    (iv) Diminished responsibility manslaughter. If the defendant killed with malice aforethought but was, at the relevant time, suffering from diminished responsibility, then s/he will be convicted of manslaughter (Ahluwalia [1993]).
    MENS REARefers to the mental element of the offence accompanying the actus reus. Terminology can include, ‘direct intention’, where the accused has clear foresight of the consequences of his actions, or ‘oblique intention’, where the result is a virtually certain consequence of the defendant's actions (R v Nedrick [1986]); other terms are ‘knowingly’ or ‘recklessly’, where the accused foresees that particular consequences may occur and proceeds with his actions, not caring whether those consequences actually occur or not (R v Cunningham [1957]; R v G and R [2004]. See also: actus reus.
    MI5The British Intelligence and Security Service, responsible for protecting the UK against threats to national security.
    MI6The international arm of the British Intelligence Service.
    MINISTRY OF JUSTICESince 9 May 2007 responsible for: criminal law and sentencing, the reduction in reoffending, prisons and probation.
    MITIGATIONReasons submitted by the defence on behalf of the accused, to partly excuse (or mitigate) the offence committed in an attempt to minimise the sentence.
    MURDERMurder is committed where the defendant, intending to kill or cause grievous bodily harm (GBH), caused the death of a human being. The offence carries a mandatory penalty of imprisonment for life (life imprisonment – life sentence).
    N
    NOMSNational Offender Management Service, including the administration of prison and probation services.
    NORTHERN IRELAND ASSEMBLYDevolved government for Northern Ireland at Stormont, Belfast. Deals with Executive Bills and secondary legislation for Northern Ireland, such as ‘Orders in Council’, for example, agriculture, rural development, education and employment.
    NPSNational Probation Service.
    O
    OPEN JUSTICE PRINCIPLEThe public has the statutory right to attend most court proceedings – unless held in camera.
    P
    PARLIAMENTThe UK Parliament at Westminster is made up of: the Crown, the House of Lords and the House of Commons. Parliament is where new laws are debated and agreed.
    PAROLE BOARDThe Parole Board is a panel of experts who decide whether a life sentence prisoner should be allowed to be released from prison. The Parole Board makes judgement about the suitability of a prisoner and his risk assessment in order to return to society.
    PLEAA defendant's reply to a charge put to him by a court; i.e. guilty or not guilty.
    POWER OF ARRESTAn order attached to some injunctions to allow the police to arrest a person who has broken the terms of the order.
    PRECEDENTThe decision of a case which established principles of law that act as an authority for future cases of a similar nature (see common law).
    PRIMARY LEGISLATIONActs of Parliament or statutes (or treaties in EU law).
    PROCURATOR FISCALThe Procurator Fiscal's office is responsible for all criminal prosecutions in Scotland, all investigations into sudden and suspicious deaths and complaints against the police.
    PROSECUTIONThe institution or conduct of criminal proceedings against a person (see also CPS).
    Q
    QUALIFIED RIGHTRight by virtue of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998; so that in certain circumstances and under certain conditions, it can be interfered with by the national courts.
    QUASHTo annul and declare a sentence no longer valid.
    QUEEN'S BENCH DIVISION (QBD)See High Court.
    QUEEN'S COUNSEL (QC)Barristers of at least ten years’ standing may apply to become Queen's Counsel. QCs traditionally undertake work for the Crown and have traditionally been recruited from the bar. They are also known as ‘Silks’.
    R
    RECKLESSNESSFor most offences recklessness as to whether a particular consequence will result from the defendant's actions or as to whether a particular circumstance exists will suffice for liability. For certain crimes, recklessness bears a broader meaning. This used to be determined by the Caldwell-type (objective) recklessness and has now been superseded by the ruling in R v G [2003].
    REMANDTo order an accused person to be kept in custody or placed on bail pending further court appearance.
    REPARATION ORDERAn object of sentencing (and a form of sentence operating only in the youth court) i.e. reparation to a victim. The term is also used more generally to mean ‘making good’ by an offender and may feature in mitigation. It is also a statutory basis for deferment of sentence (Crime and Disorder Act 1998).
    RESTORATIVE JUSTICEForm of criminal justice that seeks to ‘repair’ harm as between offenders and victims (see Crime and Disorder Act 1998).
    ROBBERYTheft, or threat of theft, by force or intimidation of another.
    S
    SEX OFFENDER REGISTERLocal record maintained by the police, social services and the local authority, for which convicted sex offenders are obliged to provide information about themselves and their whereabouts. Failure to report a change of address or regularly to the police can result in imprisonment.
    SHERIFF COURT (SCOTLAND)There are 49 sheriff courts, arranged into six geographical areas (‘Sheriffdoms’), each overseen by a sheriff principal. Sheriffs have limited sentencing powers (e.g. up to 3 years’ imprisonment and/or an unlimited fine in solemn cases; 6 months’ imprisonment and/or £5,000 fine for summary cases).
    S.I.(see Statutory Instrument).
    SOLICITORMember of the legal profession chiefly concerned with advising clients and preparing their cases and representing them in some courts. May also act as advocates before certain courts or tribunals; not generally in Crown Courts.
    SPECIFIC INTENT CRIMESAn offence of specific intent is one for which the prosecution must prove intention with respect to one or more of the elements in the actus reus. Recklessness will not suffice (see basic intent crimes). The significant distinction between offences of specific intent and basic intent is that where a lack of mens rea resulting from voluntary intoxication will excuse in the case of an offence of specific intent, it will not excuse for crimes of basic intent. Specific intent crimes include:
    • Murder
    • GBH with intent (s.18 OAPA 1861)
    • Theft (s.1 Theft Act 1968)
    • Burglary with intent to steal (s. 9 Theft Act 1968).
    SPECIAL MEASURESMeasures which can be put in place to provide protection and/or anonymity to a witness, young or vulnerable person in court; this usually means that the witness is screened off in court or gives evidence on video.
    STATEMENTA written account by a witness of the facts of details of a matter.
    STATUTORY INSTRUMENT (S.I.)Rules or Regulations named within an Act of Parliament and made by a Minister of State. S.I.s affect the practical workings of the original Act (e.g. The Prison Rules 1999under the Prison Act 1952). Also called ‘delegated legislation’ or ‘Secondary Legislation’.
    SUMMARY OFFENCEA minor criminal offence triable only in a magistrates’ court (see also indictable and either-way offence).
    SUMMING-UPA review of the evidence and directions as to the law by a judge immediately before a jury retires to consider its verdict.
    SUMMONSOrder to appear or to produce evidence to a court.
    SUMMONS (WITNESS)Court order to appear as a witness at a hearing.
    SUPERVISION ORDERAn order placing a person who has been given a suspended sentence under the supervision of a probation officer.
    SUPREME COURTNew Appeal Court, replacing the House of Lords’ Appellate Committee.
    SUSPENDED SENTENCEA custodial sentence which will not take effect unless there is a subsequent offence within a specified period.
    T
    TAGGINGElectronic tagging or monitoring.
    THEFTTo dishonestly appropriate property belonging to another with the intention of permanently depriving them of it.
    TORTA civil wrong committed against a person for which compensation may be sought through a civil court (e.g. personal injury; neighbourhood nuisance; libel etc.).
    TRIBUNALA group of people consisting of a chairman (sometimes solicitor/barrister) and others who exercise a judicial function to determine matters related to specific interests, such as an Employment Tribunal.
    TROUBLES, THEThe Troubles in Northern Ireland (NI): a generic term used to describe a period of sporadic communal violence involving paramilitary organisations, the Royal Ulster Constabulary (RUC), the British Army and others in Northern Ireland from the late 1960s until the late 1990s ending with the ‘Good Friday Agreement’ on 10 April 1998. The violence was extreme and often spilled over into the Republic of Ireland and the UK mainland. The various sides would describe the violence either as terrorist, conflict, guerrilla war or civil war (see Good Friday Agreement).
    V
    VERDICTThe finding of guilty or not guilty by a jury or a bench of magistrates.
    VICTIMThe victim of an offence.
    W
    WARRANT OF EXECUTIONMethod of enforcing a judgement for a sum of money whereby a bailiff or sheriff (Scotland) is authorised, in lieu of payment, to seize and remove goods belonging to a defendant for sale at public auction.
    WARRANT OF POSSESSIONMethod of enforcing a judgement for possession of a property whereby a bailiff is authorised to evict people and secure against re-entry.
    WHITE PAPERDocuments produced by the Government setting out details of future policy on a particular subject. A White Paper is the basis for a Bill before Parliament and allows the government an opportunity to gather feedback from the public before it formally presents the policies as a Bill (see Bill).
    WITNESSA person who gives evidence in court.
    WOUNDING OR MALICIOUS WOUNDING WITH INTENT(See GBH) Wounding i.e. causing grievous bodily harm with intent (mens rea – Belfon 1976 CA; Bryson 1985 CA; Purcell 1986 CA).
    An offence under s.18 OAPA 1861. The maximum penalty is a term of imprisonment for life (life sentence). To amount to a wound’ the inner and outer skin must be broken; a bruise is not a wound (‘a break in the continuity of the whole of the skin’; a ‘rapture of an internal blood vessel’ (JCC (a minor) v Eisenhower [1984]). Breaking a collarbone is not wounding’ under s.18, but amounts to GBH s. 20 OAPA 1861.
    Y
    YOIYoung Offender Institution, a prison for young offenders.
    YOTYouth Offending Team. Inter-agency dealing with reports on and community sentences for juveniles.
    YOUTH COURTSMagistrates’ courts in England and Wales, exercising jurisdiction over offences committed by children and young persons under 18.
    YOUTH JUSTICE BOARDGovernment agency dealing with young and juvenile offenders.

    Appendix 4 Useful Websites and Internet Sources

    Acts of the UK Parliament: http://www.opsi.gov.uk

    Administrative Justice & Tribunals Council (AJTC): http://www.ajtc.gov.uk

    Algemene Inlichtingen en Veiligheidsdienst (AIVD) – General Intelligence and Security Agency of the Netherlands: http://www.aivd.nl

    Amnesty International: http://web.amnesty.org

    An Garda Síochána: http://www.garda.ie

    Attorney General's Office: http://www.attorneygeneral.gov.uk

    Audit Commission: http://www.audit-commission.gov.uk

    BBC News Online: http://news.bbc.co.uk

    BBC Northern Ireland Service online: http://www.bbc.co.uk/northernireland

    BBC Radio: http://www.bbc.co.uk/radio

    Black Police Association: http://www.nationalbpa.com

    Bloody Sunday Inquiry: http://www.bloody-sunday-inquiry.org

    Border and Immigration Agency (Home Office): http://www.bia.homeoffice.gov.uk

    British Crime Survey (BCS): http://www.homeoffice.gov.uk/rds/index.htm

    British Foreign and Commonwealth Office: http://www.fco.gov.uk

    British Transport Police: http://www.btp.police.uk

    Children's Reporter (Scotland): http://www.childrens-reporter.org

    Commission for Racial Equality and Racism: http://www.cre.gov.uk

    Council of Europe: http://www.coe.int

    Council of Europe Legal Instruments: http://www.eur-lex.europa.eu

    Criminal Cases Review Commission (CCRC): http://www.ccrc.gov.uk

    Criminal Defence Service (Legal Services Commission and legal aid): http://www.legalservices.gov.uk/criminal.asp

    Criminal Injuries Compensation Authority: http://www.cica.gov.uk

    Criminal Justice System of England and Wales: http://www.cjsonline.gov.uk

    Criminal Records Bureau (Home Office): http://www.crb.gov.uk

    Crown Prosecution Service (CPS): http://www.cps.gov.uk

    Death Penalty: http://www.deathpenalty.org

    Department for Constitutional Affairs (DCA): http://www.dca.gov.uk

    European Commission: http://ec.europa.eu/index_en.htm

    European Court of Human Rights (ECHR): http://www.echr.coe.int/echr

    European Court of Justice (ECJ): http://www.curia.eu.int

    European Parliament: http://www.europarl.europa.eu

    EUROPOL – European Law Enforcement Cooperation: http://www.europol.europa.eu

    Hansard: http://www.parliament.the-stationery-office.co.uk/pa/cm/cmhansrd.htm

    HM Inspectorate of Prisons: http://inspectorates.homeoffice.gov.uk/hmiprisons

    Her Majesty's Court Service: http://www.hmcourts-service.gov.uk

    HM Prison Service: http://www.hmprisonservice.gov.uk

    Home Office: http://www.homeoffice.gov.uk

    House of Lords, UK: http://www.parliament.uk/about_lords/about_lords.cfm

    Howard League for Penal Reform: http://www.howardleague.org.uk

    Human Rights Legislation (Crown Office): http://www.humanrights.org.uk

    Identity Fraud (CIFAS): http://www.identityfraud.org.uk

    International Criminal Court (The Hague): http://www.icc-cpi.int

    Independent Monitoring Boards (IMB): http://www.imb.gov.uk

    Independent Police Complaints Commission: http://www.ipcc.gov.uk

    International Crime Victim Survey: http://www.unicri.it/wwd/analysis/icvs/index.php

    Interpol (International Criminal Police Organisation): http://www.interpol.int

    Irish Times: http://www.ireland.com

    Judicial Studies Board: http://www.jsboard.co.uk

    Jury Service: http://www.hmcourts-service.gov.uk/infoabout/jury_service/index.htm

    Koran, the Holy Qur'an (online English version): http://quod.lib.umich.edu/k/koran/browse.html

    Law Society of England/Wales: http://www.lawsociety.org.uk/home.law

    Law Society of Scotland: http://www.lawscot.org.uk

    Legal Services Commission (CLS) (formerly ‘legal aid’): http://www.legalservices.gov.uk

    Magistrates’ Association: http://www.magistrates-association.org.uk

    Metropolitan Police: http://www.met.police.uk

    MI5 – National Security Service of the UK: http://www.mi5.gov.uk

    Ministry of Justice: http://www.justice.gov.uk

    National Archives: http://www.nationalarchives.gov.uk

    National Assembly for Wales (Cynulliad Cenedlaethol Cymru): http://www.wales.gov.uk

    National Association of Youth Justice: http://www.nayj.org.uk

    National Association of Probation Officers (NAPO): http://www.napo.org.uk

    National Audit Office: http://www.nao.org.uk

    National Policing Improvement Agency (NPIA) ‘Neighbourhood Policing Programme: http://www.neighbourhoodpolicing.co.uk

    National Probation Service: http://www.homeoffice.gov.uk/justice/probation

    National Reassurance Policing Programme (NRPP): http://www.reassurancepolicing.co.uk

    Northern Ireland Affairs Committee – UK Parliament: http://www.parliament.uk/parliamentary_committees/northern_ireland_affairs.cfm

    Northern Ireland Assembly: http://www.niassembly.gov.uk

    Northern Ireland Court Service: http://www.courtsni.gov.uk

    Northern Ireland Office: http://www.nio.gov.uk

    Northern Ireland Prison Service: http://www.niprisonservice.gov.uk

    Northern Ireland Statistics and Research Agency (NISRA): http://www.nisra.gov.uk

    Office of the First Minister and Deputy First Minister for Northern Ireland: http://www.ofmdfmni.gov.uk

    Office of National Statistics (UK): http://www.statistics.gov.uk/glance

    Organisation for Economic Cooperation and Development (OECD): http://www.oecd.org

    Parole Board: http://www.paroleboard.gov.uk

    Penal Reform International: http://www.penalreform.org

    Police Information Technology Organisation (PITO): http://www.pito.org.uk

    Police Service: http://www.police.uk

    Police Service of Northern Ireland: http://www.psni.police.uk

    Police Service of Northern Ireland Annual Report 2005–2006: http://www.psni.police.uk/cc_report_text.doc

    Prison and Probation Ombudsman: http://www.ppo.gov.uk

    Prison population statistics: http://www.homeoffice.gov.uk/rds/prisons1.html

    Prison Reform Trust: http://www.prisonreformtrust.org.uk

    Respect Task Force (Home Office): http://www.respect.gov.uk

    Restorative Justice Consortium: http://www.restorativejustice.org.uk

    Royal Ulster Constabulary (R.U.C.), history of: http://www.royalulsterconstabulary.org/history.htm

    Scotsman: http://www.thescotsman.scotsman.com

    Scottish Crown Office and Procurator Fiscal Service: http://www.crownoffice.gov.uk

    Scottish Court Service: http://www.scotcourts.gov.uk

    Scottish Government: http://www.scotland.gov.uk

    Scottish Law Commission: http://www.scotlawcom.gov.uk

    Scottish Police: http://www.scottish.police.uk/mainframe.htm

    Scottish Police Federation: http://www.spf.org.uk

    Scottish Prison Service: http://www.sps.gov.uk

    Sentencing, Justice and Prisons: http://www.homeoffice.gov.uk/justice/what-happens-at-court/sentencing/

    Serious Organised Crime Agency: http://www.soca.gov.uk

    Statute Law Legal Database (Ministry of Justice): http://www.statutelaw.gov.uk

    UK Parliament: http://www.parliament.uk

    United Nations: http://www.un.org/english

    Victim Support: http://www.victimsupport.org.uk

    World Health Organization: http://www.who.int

    Youth Justice Agency Northern Ireland: http://www.youthjusticeagencyni.gov.uk

    Youth Justice Board: http://www.youth-justice-board.gov.uk/YouthJusticeBoard

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