scholarly journals The Attorney-General, politics and logistics – a fork in the road?

Legal Studies ◽  
2022 ◽  
pp. 1-21
Author(s):  
James Hand

Abstract The appointment of recent Attorney-Generals for England and Wales has occasioned much comment about their experience. This paper considers whether, following the transmogrification of the Lord Chancellorship over a decade ago, the backgrounds and activities of recent leaders of the Attorney-General's Office suggest the time is now right for similar changes to the Law Officers’ roles. In doing so, it presents a range of original data on aspects of the role and on characteristics of Attorney-Generals, which suggests that unless self-restraint is exercised (by the Prime Minister and the post-holders) we may ineluctably be on the path to reform.

2003 ◽  
Vol 33 (1) ◽  
pp. 149-151

The quadrilateral meeting at Aqaba, intended to ““kick off implementation”” of the road map, was attended by King Abdallah, Prime Minister Abbas, Prime Minister Sharon, and President Bush. All four leaders made statements at the end of the meeting, but only those by Abbas and Sharon are reproduced below. President Bush's statement was noteworthy for its mention of Israel as a ““vibrant Jewish state”” (““America is strongly committed and I am strongly committed to Israel's security as a vibrant Jewish state””) and of Palestinian ““hopes”” for a ““viable”” state, and for reiterating that the Arab states ““have promised to cut off assistance and the flow of money and weapons to terrorists groups and to help Prime Minister Abbas rid Palestinian areas of terrorism.”” The statements by Abbas and Sharon were drafted with U.S. officials prior to the meeting. Though Abbas did not comply with the Israeli demand of Palestinian acknowledgment of Israel as a ““Jewish state,”” his speech provoked indignation in the occupied territories for its reference to ““the suffering of the Jews”” without mention of Palestinian suffering, its reiterated call for ending the ““armed intifada,”” and its ““renunciation”” of terrorism. Sharon resisted U.S. suggestions to refer to ““settlements,”” but did mention ““unauthorized outposts.”” In reference to Sharon's mention of ““territorial contiguity”” for a ““viable”” Palestinian state, a spokesman indicated that the contiguity would be ensured by ““bridges and tunnels.”” The text of the statements, transcribed by eMediaMill- Works and carried by the Associated Press, was posted on the Washington Post's Website.


Author(s):  
Rudi Fortson

This chapter examines the legal and practical issues encountered by practitioners when dealing with unfitness to plead litigation. As the Law Commission for England and Wales has pointed out, defendants charged with a criminal offence may be unfit to plead or to stand trial for a variety of reasons, including difficulties resulting from mental illness, learning disability, developmental disorder, or communication impairment. Two issues are considered: (i) how might those defendants who are unfit be accurately identified; and (ii) what steps should be taken by legal practitioners and by the courts of criminal jurisdiction to cater for the interests of vulnerable defendants, victims, and society, and to maintain the integrity of the legal process as one that is fair and just? The chapter evaluates the reform proposals of the English Law Commission and assesses how the law could be improved for all those who are involved in dealing with the unfit to plead.


2019 ◽  
Vol 60 (2) ◽  
pp. 140-146 ◽  
Author(s):  
Mark Cresswell

This article provides a critical viewpoint on Loughran’s recent work in Medicine, Science and the Law on the causes of the rise in the police’s use of section 136 (s136) of the Mental Health Act 1983 (Loughran M. Detention under section 136: why is it increasing? Med Sci Law 2018; 58: 268–274). The rate of this rise seems significant: by 2014, it was five times more likely that a person in England would be detained in a hospital under s136 than it was in 2000, and the trend has continued to the present day. This viewpoint considers the significance of the s136 rise from the theoretical perspective of causal analysis.


2005 ◽  
Vol 34 (2) ◽  
pp. 203-207

Ha'Aretz's lengthy interview with Dov Weisglass, Prime Minister Ariel Sharon's ““point man”” with Washington and probably his closest advisor, was conducted by Ari Shavit and published first in excerpts and two days later in its entirety. In addition to bringing into sharp contrast the contradiction between Israel's declaratory policies and assurances and its actual policies and intentions——and in so doing eliciting a swift ““clarification”” from the Prime Minister's Office——the interview also conveys a sense of the intimacy and easy camaraderie that characterizes U.S.-Israeli interactions. The full text is available at www.haaretz.com. Tell me about the dynamics of the relationship between you [and U.S. national security advisor Condoleezza Rice], and whether it's an unusual relationship.


Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.


2010 ◽  
Vol 16 (3) ◽  
pp. 193-198 ◽  
Author(s):  
Nuwan Galappathie ◽  
Krishma Jethwa

SummaryIn England and Wales diminished responsibility is a partial defence to the charge of murder. If successfully argued by the defence, it reduces the charge from murder to manslaughter and thus avoids the mandatory life sentence. Alcohol has been reported to be a feature in up to 80% of all homicides but for many years the judiciary have set an almost unattainable threshold for the disease of alcoholism to amount to a finding of diminished responsibility, in accordance with other aspects of criminal law. Reform of the law on murder is likely to take many years but it is timely to recap the current law on diminished responsibility and review advances in case law in England and Wales on alcohol.


2003 ◽  
pp. 117-135
Author(s):  
Jovan Arandjelovic

The author examines the character of the changes taking place in contemporary Serbian society. He emphasizes at the same time that contemporary Serbian philosophy is facing these crucial questions as well, which without it cannot be even addressed, let alone solved. The key difference between modern West European and contemporary Serbian societies, seen from the perspective of philosophy, is demonstrated most clearly in the manner of constituting institutions and transforming the modern Serbian society. In the process of building modern institutions philosophy, not just in our country but throughout the Slavic East, has not had the role it played in Europe. Here lies the explanation why natural consciousness and an original ethos, though considerably modified, still remain unadapted and today represent a major obstacle to the establishment of the rule of European law. Without a change in the sense of justice and respect for the law it is impossible to accomplish the transformation of the society in which the law recognized by a democratic state could not be super ordinate to any reason. The crucial role of philosophy in this process is seen by the author not only in establishing modern European institutions and acceptance of the principle of European legislation, but above all in its influence on the transformation of the original ethos and establishment of new criteria on which the reflection, decision making and action of any individual would be based. .


2020 ◽  
Vol 2 (01) ◽  
pp. 56-65
Author(s):  
Oktasari Putri Pramisela ◽  
Yulia Hesti

A crime or criminal act, usually perpetrators of criminals because of an encouragement based on the importance of fulfilling the necessities of life that is relatively difficult to fulfill. In principle the crime problem does not stand alone, but it relates to other issues such as social, economic, political and cultural which is as a phenomenon that affects each other. To tackle crimes and criminal acts such a thorough enforcement and anticipation policy is required. One of the most common criminal acts in the community is the violence of violent blackmail. Perpetrators can be assessed by the community, therefore it is necessary to be handled by the law enforcement officers intensively with the severity of the criminal that was dropped. The problem in this study is how the judge's consideration in dropping a criminal against perpetrators of criminal offenses with violence against motorcycles belonging to others, what are some factors causing perpetrators of criminal extortion with violence. The method of study used is the normative juridical approach and empirical approach obtained directly at the District Court of Kls II Kalianda, state Attorney of South Lampung. Based on the results of the study can be concluded that the judge's judgment in the criminal offence against the perpetrator of violent criminal offence is in accordance with the element contained in article 368 paragraph (1) of the criminal CODE and was sentenced to 2 years imprisonment. Factors affecting the cause of perpetrators of criminal extortion in violence are environmental factors, economic factors on society, the law enforcement. The advice given is to be expected to the Tribunal, the attorney general and the police in providing or establishing the article can be in accordance with its elements and actions, to the rationing punishment against the defendant is considered fair and give a deterrent effect so that the defendant can not repeat it again. There is cooperation between law enforcement and the community in minimizing the crimes that occurred.


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