scholarly journals Understanding the barriers to defendant participation in criminal proceedings in England and Wales

Legal Studies ◽  
2020 ◽  
Vol 40 (4) ◽  
pp. 609-629
Author(s):  
Abenaa Owusu-Bempah

AbstractOver the past two decades, there have been significant legal developments aimed at securing and enhancing the participation of vulnerable witnesses in criminal trials. Yet, there remains relatively little regard for the fact that many defendants, including those who are not deemed to be vulnerable, are unable to participate in criminal proceedings in a meaningful sense. This paper aims to address two questions. First, why should defendants have participatory rights and be capable of meaningful participation in criminal proceedings? Second, why has it proven so difficult to attain meaningful participation of defendants? It is contended that barriers to meaningful communication between the defendant and the court could be dismantled without great difficulty, but continue to exist because due regard is not given to the normative rationales for participatory rights and defendant participation.

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.


2020 ◽  
Vol 24 (2) ◽  
pp. 180-207 ◽  
Author(s):  
Elaine Freer

Much academic literature explores the reliability of expert evidence in criminal proceedings in England and Wales. However, almost no attention has been paid to misconduct by experts giving evidence in criminal cases. Whilst rare, its serious impact on the administration of justice and public trust in it means that this area requires analysis. This article explores possible responses to expert witness misconduct occurring in the context of criminal proceedings in England and Wales, noting particularly the differences in responses available, depending firstly upon whether the expert is a registered professional, and secondly whether the expert has stepped outside of their expertise; did not have relevant expertise at all, or was dishonest. Professional disciplinary procedures focus on ‘fitness to practise’, and it is argued that this is sufficient where a registered professional has overstepped their expertise, but has not displayed mala fides. On the contrary, where someone gives evidence purporting to have expertise that they do not, or lies about their conduct as an expert in the case, criminal sanctions are available, appropriate, and should be used. These include contempt of court; perverting the course of justice; fraud by false representation, and perjury.


During the past 60 years various determinations have been published of the refractive indices of sulphuric acid for different concentrations and different rays for the purposes of tracing out the relationships between the refractive energies, dispersion, and chemical constitution. Some observers have published isolated determinations, others more or less connected series, according to the object in view. Baden Powell appears to have been the first to give values of the refrac­tive indices of the Fraunhofer lines B, C, D, E, F, G, and H for a sample of acid d 18·5/? = 1·835 (about 94·5 per cent, concentration), though the tem­perature of the water density is not given. The object of this work was for the purpose of comparing the observed results for μ B etc., with those calculated by Sir W. R. Hamilton’s modification of Cauchy’s dispersion formula.


2012 ◽  
Vol 45 (03) ◽  
pp. 547-549 ◽  
Author(s):  
Suresh Gupta

ABSTRACTRapid growth and expansion of plastic surgery in general and aesthetic surgery in particular in the past decade has brought in its wake some confusions particularly raising questions for the surgeons conduct towards his colleagues and the patients in the light of ethical requirements. Some thoughts from eminent thinkers form a backdrop to consideration of theories of medical ethics. In this article raging and continuous debates on these subjects have been avoided to maintain the momentum. Apart from the western thoughts, directions from our old scriptures on ethical conduct have been included to accommodate prevelant Indian practices. The confusion created by specialists advertising their abilities directly to the lay public following removal of ethical bars by the American Courts as also latitudes allowed by the General Medical Council of Great Britain have been discussed. The medical fraternity however has its reservations. Unnecessary skirmishes with the law arose in cosmetic surgery from the freedom exercised by the police to file criminal proceedings against attending doctors in the event of a patient′s death with or without any evidence of wrong doing. This has now been curtailed in the judgement of the Supreme Court of India[1] where norms have been laid down for such prosecution. This has helped doctors to function without fear of harassment. An effort has been made to state a simple day-to-day routine for an ethical doctor-patient relationship.


1901 ◽  
Vol 8 (8) ◽  
pp. 358-362 ◽  
Author(s):  
Charles Davison
Keyword(s):  

During the past year there were only two undoubted earth-quakes in this country. Some may have occurred in Glen Garry, one of our most sensitive regions; but the construction of a new railway through the valley renders it difficult to identify true earthquakes with certainty. The total number of British earth-quakes during the last twelve years thus amounts to 116, of which 46 had epicentres in England and Wales and 70 in Scotland, 42 of the latter number being confined, or almost confined, to Glen Garry.


1908 ◽  
Vol 28 ◽  
pp. 338-342 ◽  
Author(s):  
David Ellis

FOR the past two years I have been engaged in the investigation of the iron-water of Scotland, England, and Wales, and altogether have examined over a hundred samples. This publication is a preliminary notice of some new species of iron-bacteria which I have found in the course of this investigation. At present the number of known forms belonging to this class is six. In this paper I wish to outline the main characteristics of five new species, reserving for later papers the detailed accounts of their life-histories.


1927 ◽  
Vol 21 (4) ◽  
pp. 716-736
Author(s):  
James Brown Scott

The scientific organizations which flourished before the World War have had great difficulty in continuing their labors after its termination. The Institute of International Law has been no exception. It was to have met in Munich in September, 1914, and its program had been completely arranged; but the war which started in August, 1914, necessarily put an end to all arrangements for the session. A resort to arms inevitably brings with it a desire for its avoidance; and the greater the war, the greater the desire. A decade, a generation struggles in the mists and shadows, seeking to extricate itself from the post-war spirit, condemning the past somewhat indiscriminately and advocating innovations which, new in expression, are nevertheless the aspirations of those who, in all time, crushed and bruised by force, seek to replace it by justice.


Author(s):  
Irīna Poļevaja

A defence attorney is a significant and notable figure in criminal proceedings who for the whole procedural activity in a criminal case, in theory, should facilitate detecting and correcting possible judicial mistakes. In this respect, it is vital to conduct a series of research in order to highlight prevalent problems and issues of a defence attorney’s participation in criminal trials and to work out relevant recommendations for trial attorneys that would help to forestall, detect and prevent judicial mistakes. A specific condition of a defence attorney’s activity in the process of evidencing at a judicial examination is his awareness of the entire system of evidences presented by the prosecution and accusation conclusions in disputable classification situations. They should rely upon the fact that a judicial examination is performed under circumstances of direct examination of evidence, oral proceedings, publicity, invariability of the body of the court, as well as the fact that both the court and the representatives of the parties take part at the examination. Rather short deadlines of a judicial examination entails working under circumstances when decisions must be taken under extreme conditions, by applying tricks and methods that would allow examining all evidence in the most productive way. It makes sense for a defence attorney to state his activity position and determination of taking an active part in evidencing already at the beginning of court hearings, by filing a motion to summoning new witnesses, experts and specialists, disclosure of material evidence and documents or exclusion of evidence obtained in the way of violating the law. 
The author of the study applied general scientific methods of studying objective reality, peculiar to legal sciences: systematic document analysis, structural-functional analysis, critical approach, generalisation and prediction. As a result, the author provides numerous recommendations and rules for successful and immaculate defence in criminal trials. Aizstāvis ir nozīmīga, ievērojama figūra kriminālprocesā, jo aizstāvja procesuālajai darbībai krimināllietā teorētiski būtu jāatvieglo iespējamo tiesas kļūdu konstatēšana un labošana. Un šajā sakarā ir vitāli svarīgi veikt virkni pētījumu, lai izceltu problēmjautājumus, kas saistīti ar aizstāvja piedalīšanos krimināllietās, un izstrādātu tādas rekomendācijas aizstāvjiem, kas praktiskajā darbībā sekmētu tiesas kļūdu paredzēšanu, konstatēšanu un novēršanu. 
Par specifisku priekšnoteikumu aizstāvja darbībai pierādīšanas procesā tiesas izmeklēšanā ir uzskatāma viņa pilnā informētība par visu pierādījumu sistēmu lietā, kuru piedāvā valsts apsūdzība, un par valsts apsūdzības apsvērumiem strīdus krimināltiesiskās kvalifikācijas gadījumos. Aizstāvim jāņem vērā, ka tiesas izmeklēšana norit pierādījumu tiešas un nepastarpinātas pārbaudes apstākļos, ievērojot mutiskuma, publicitātes un tiesas sastāva nemainīguma principus. Pierādījumu pārbaudē piedalās gan tiesa, gan visi pārējie procesa dalībnieki, kas nav aizstāvības pusē. Likuma prasība ievērot saprātīgus lietas iztiesāšanas termiņus paredz saspringtu darbu, svarīgus lēmumus pieņemot ekstremālos procesuālos apstākļos, izmantojot tādus paņēmienus un metodes, kas veicinātu efektīvu pierādījumu kopuma pārbaudi un novērtēšanu. Aizstāvim būtu ieteicams deklarēt savu aktīvu procesuālo pozīciju un paust gatavību aktīvi piedalīties pierādīšanā jau tiesas izmeklēšanas sākumā, piesakot lūgumus par jauno liecinieku, ekspertu un/vai speciālistu aicināšanu uz tiesas sēdi, kā arī piesakot lūgumus par lietisko pierādījumu un/vai dokumentu pieprasīšanu un par pierādījumu, kas iegūti, pārkāpjot likumu, izslēgšanu no pierādījumu kopuma. 
Šajā pētījumā ir izmantotas vispārīgās zinātniskās metodes, kas sekmē objektīvās realitātes izzināšanu un ir raksturīgas tiesību zinātnei, proti: sistēmiskā dokumentu analīze, strukturāli funkcionālā analīze, kritiskā pieeja, vispārināšana un prognozēšana. Secinājumos tiek piedāvātas vairākas rekomendācijas veiksmīgai, efektīvai un nevainojamai aizstāvībai pirmās instances tiesā.


1996 ◽  
Vol 70 (2) ◽  
pp. 280-293 ◽  
Author(s):  
Desmond Collins

The remarkable “evolution” of the reconstructions of Anomalocaris, the extraordinary predator from the 515 million year old Middle Cambrian Burgess Shale of British Columbia, reflects the dramatic changes in our interpretation of early animal life on Earth over the past 100 years. Beginning in 1892 with a claw identified as the abdomen and tail of a phyllocarid crustacean, parts of Anomalocaris have been described variously as a jellyfish, a sea-cucumber, a polychaete worm, a composite of a jellyfish and sponge, or have been attached to other arthropods as appendages. Charles D. Walcott collected complete specimens of Anomalocaris nathorsti between 1911 and 1917, and a Geological Survey of Canada party collected an almost complete specimen of Anomalocaris canadensis in 1966 or 1967, but neither species was adequately described until 1985. At that time they were interpreted by Whittington and Briggs to be representatives of “a hitherto unknown phylum.”Here, using recently collected specimens, the two species are newly reconstructed and described in the genera Anomalocaris and Laggania, and interpreted to be members of an extinct arthropod class, Dinocarida, and order Radiodonta, new to science. The long history of inaccurate reconstruction and mistaken identification of Anomalocaris and Laggania exemplifies our great difficulty in visualizing and classifying, from fossil remains, the many Cambrian animals with no apparent living descendants.


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