Mental capacity and deprivation of liberty: the Law Commission’s consultation paper

2015 ◽  
Vol 17 (5) ◽  
pp. 331-334 ◽  
Author(s):  
Tim Spencer-Lane
Keyword(s):  
Design Methodology ◽  
Service Users ◽  
Consultation Process ◽  
Content Type ◽  
Opportunity To Respond ◽  
Future Paper ◽  
The Law ◽  
Practical Implications ◽  
Consultation Paper ◽  
Law Commission

Purpose – The purpose of this paper is to introduce the readership to the consultation being held by the Law Commission concerning proposed revisions to the Deprivation of Liberty Safeguards (DoLS). Design/methodology/approach – Discussion of the consultation being held by the Law Commission concerning proposed revisions to the DoLS. Findings – These are as yet unknown as the consultation period is ongoing – it is planned that a future paper will examine the findings and recommendations from the consultation process. Practical implications – There has been criticism of the DoLS since their introduction in 2009. A new scheme provides the opportunity to respond to some of the criticisms and to develop more appropriate processes. The paper invites readers to take part in the consultation process and to respond to the proposals that have been developed. Social implications – A new and more appropriate scheme would be beneficial for service users and families/caregivers. Originality/value – This is the first opportunity for a revision to the DoLS scheme and introduction of the proposed scheme and the consultation process to the readership is highly appropriate and valuable to the Journal.

scholarly journals Considering the legitimacy of homeless hostels as sites of discipline and regulation

2019 ◽  
Vol 39 (3/4) ◽  
pp. 250-263 ◽  
Author(s):  
Ian Mahoney
Keyword(s):  
Design Methodology ◽  
Qualitative Interviews ◽  
Homeless People ◽  
Original Data ◽  
Service Users ◽  
Contemporary Society ◽  
Content Type ◽  
Doctoral Research ◽  
Practical Implications

Purpose The purpose of this paper is to critique the role of homeless hostels in contemporary society, examining their role and legitimacy as sites of discipline and regulation of behaviors, ideas and aspirations. Design/methodology/approach The research draws upon in-depth qualitative interviews and supplementary observations undertaken in two homeless hostels in Stoke-on-Trent. Findings The research finds that even the most benign interventions enacted in homeless hostels are infused with disciplinary and regulatory techniques and suggests that the author needs to consider the legitimacy and efficacy of such approaches when seeking to understand the role of the hostel in assisting residents in (re)developing their autonomy. Research limitations/implications While there are legitimate reasons for the deployment of such techniques in some cases, legitimacy can be undermined where expectations go unmet or where developing residents’ and service user’s needs are not necessarily the main object of the interventions. Practical implications Hostel providers need to consider the ethicality and legitimacy of the interventions in place when seeking to help service users and residents to (re)develop their autonomy and ensure that efforts are focused in an effective and meaningful way. Social implications Homeless people are among the most vulnerable and excluded in society. The paper seeks to draw attention to the disciplinary and regulatory techniques to which they are subject in order to ensure that approaches employed to support homeless individuals have a clear, ethical and legitimate basis. Originality/value The research draws upon original data collected as part of a doctoral research project into wider experiences of unemployment.

Combating corruption in Nigeria and the constitutional issues arising

2016 ◽  
Vol 23 (4) ◽  
pp. 700-724 ◽  
Author(s):  
Akume T. Albert
Keyword(s):  
Analytical Method ◽  
Design Methodology ◽  
Original Work ◽  
Social Implications ◽  
Plea Bargain ◽  
Content Type ◽  
Documentary Sources ◽  
The Law ◽  
The Government ◽  
Practical Implications

Purpose The purpose of this paper therefore is to identify and examine major issue-areas in law, prominent among which are the Plea-Bargain and S308 Immunity Clause, and how they impact the process of effectively combating corruption in Nigeria. Design/methodology/approach The paper uses documentary sources and analytical method to examine the issues involved. Findings The identified issue-areas are inhibitors rather than facilitators. Research limitations/implications The implication is that the government needs to change the existing laws to strengthen the fight against corruption. Practical implications This is to ensure that the war against corruption is strengthened and effective. Social implications To ensure that offenders face the full weight of the law for their action. Originality/value This paper is the author's original work and all references are appropriately acknowledged.

“Captured by evils” – combating black money, corruption and money laundering in Bangladesh

2018 ◽  
Vol 21 (3) ◽  
pp. 264-289 ◽  
Author(s):  
S.M. Solaiman
Keyword(s):  
Money Laundering ◽  
National Economy ◽  
Subject Matter ◽  
Design Methodology ◽  
Social Implications ◽  
Original Research ◽  
Content Type ◽  
The Law ◽  
Practical Implications ◽  
Secondary Materials

Purpose The purpose of this paper is to demonstrate that the recurrent amnesties to black money holders (BMHs) in Bangladesh have not benefited the national economy, rather have increased corruption and money laundering, and that offering further opportunity to whiten back money as recommended by the Anti-Corruption Commission of Bangladesh will do more harm than good. Design/methodology/approach This research relies on both primary and secondary materials adopting an archival analysis of the existing literature. Findings The major findings include the following: the recurrent amnesties to BMHs have damaging impacts on corruption and money laundering in Bangladesh; the Anti-Corruption Commission of Bangladesh’s recommendation to provide further opportunity to legalise black money is flawed, ill thought-out and misjudgement of the futility of the amnesties offered to date; and the black money problem could be better addressed through using educational, preventive and punitive measures that have been specifically formulated in this paper. Research limitations/implications This research does not examine the flaws that may remain in the provisions of existing laws; rather it gives emphasis to the enforcement of the law in place. Legal flaws thus can be a subject matter of another endeavour. Practical implications As implications, it is expected that this research will encourage the concerned authorities in Bangladesh to stop offering amnesties to BMHs for good. Also, other countries facing a similar problem can learn from the experience of Bangladesh presented, and specific recommendations submitted, in this paper, in dealing with black money, corruption and money laundering. Social implications It is expected that if the recommendations furnished in this paper are implemented, corruption in, and money laundering from, Bangladesh will reduce. This reduction will facilitate ensuring fairness in the society in many respects, deter criminal activities associated with black money and enable honest taxpayers to buy their homes in a level-playing filed. Originality/value This paper presents original research in terms of analysis of materials and the recommendations submitted to deal with corruption, black money and money laundering.

The financial intelligence unit and money laundering control in Tanzania

2019 ◽  
Vol 22 (3) ◽  
pp. 543-562
Author(s):  
Eugene E. Mniwasa
Keyword(s):  
Money Laundering ◽  
Design Methodology ◽  
Research Approach ◽  
Institutional Reforms ◽  
Content Type ◽  
Essential Component ◽  
The Law ◽  
Financial Intelligence ◽  
Practical Implications

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.

scholarly journals Liability of employers for third party harassment in the UK

2020 ◽  
Vol 63 (1) ◽  
pp. 147-156
Author(s):  
Sam Middlemiss
Keyword(s):  
Trade Unions ◽  
Design Methodology ◽  
Research Study ◽  
Case Law ◽  
Third Party ◽  
Content Type ◽  
The Law ◽  
The Uk ◽  
Practical Implications

Purpose This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach Review of case law, articles etc. Findings It is found that the current law is inadequate and unclear, and in dire need of reform. Research limitations/implications This research study will be useful for trade unions and employers and employees and workers. Practical implications This study supports the cause of reform of the law. Originality/value To the best of the author’s knowledge, this study is an original piece of work.

Reforming fitness to plead and stand trial legislation in England and Wales

2019 ◽  
Vol 26 (1) ◽  
pp. 8-15
Author(s):  
Nuwan Galappathie ◽  
Angela Shaw
Keyword(s):  
Case Law ◽  
Mental Capacity ◽  
Learning Objectives ◽  
List Type ◽  
Consultation Process ◽  
England And Wales ◽  
Extensive Consultation ◽  
The Law ◽  
Practical Implications ◽  
Law Commission

SUMMARYThe legal decision on whether a defendant can fairly take part in a criminal trial in England and Wales is currently based on the leading case of R v Pritchard (1836), which despite subsequent case law updates does not embrace the concept of mental capacity or effectively identify defendants who are unable to meaningfully participate. Further to an extensive consultation process, the Law Commission published recommendations for reform in 2016, with a proposed new test of capacity to participate effectively in a trial and detailed suggestions for statutory reform of court procedures for managing defendants found unable to participate. Here we review the proposals and consider practical implications and suggestions regarding their implementation.LEARNING OBJECTIVESAfter reading this article you will be able to: •appreciate the current problems with the law on fitness to plead in England and Wales•understand the proposed test of capacity to participate effectively in a trial•understand the proposed changes to the procedures available when a defendant is found unable to participate.

Service users’ initial hopes, expectations and experiences of a high security psychologically informed planned environment (PIPE)

2014 ◽  
Vol 16 (3) ◽  
pp. 216-227 ◽  
Author(s):  
Alice L. Bennett
Keyword(s):  
Personality Disorder ◽  
Thematic Analysis ◽  
Design Methodology ◽  
Structured Interview ◽  
Referral Process ◽  
Service Users ◽  
Content Type ◽  
High Security ◽  
Practical Implications

Purpose – The purpose of this paper is to explore service-users’ hopes and expectations of a psychologically informed planned environment (PIPE) located in the high-security prison estate. Design/methodology/approach – A semi-structured interview was used to explore the hopes and expectations of five male Category A PIPE prisoners. Interviews were transcribed verbatim and thematic analysis was used to analyse the data. Findings – Analysis resulted in two overall themes: “Progression” and “Being Part of a Community”. Relevant sub-themes were considered to portray processes within these two wider themes. Practical implications – In applying these findings to practice, this study provides evidence that places value on the current referral process which ascertains prisoners’ motivations to attend the PIPE. Originality/value – This is the first known study that explores service-users’ hopes and expectations of the pilot PIPE service. The PIPEs are included within the recently introduced Offender Personality Disorder Pathway.

Non-compliance of licence holders towards disclosure based regulation in Malaysian securities markets

2016 ◽  
Vol 23 (3) ◽  
pp. 605-612
Author(s):  
Asmah Laili Yeon ◽  
Faridahwati Mohd Shamsudin
Keyword(s):  
Capital Markets ◽  
Design Methodology ◽  
Ethics Training ◽  
Securities Market ◽  
Securities Markets ◽  
Content Type ◽  
Fund Managers ◽  
The Law ◽  
Investment Advisers ◽  
Practical Implications

Purpose The purpose of this paper is to examine non-compliance of licence holders towards disclosure-based regulation in Malaysian securities markets in relation to the implementation of the disclosure-based regulation. Design/methodology/approach This survey was conducted among 107 principal and representative licensees registered with the Securities Commission of Malaysia. They consist of licensed dealers, investment advisers and fund managers. The majority of the respondents were capital markets and services representative licensees, while only 17 respondents were capital markets and services licensees. Findings The survey indicates that non-compliance occurs because of lack of ethical values and orientation of the players in the industry. In addition, non-compliance was also reported to occur due to lack of understanding of law and regulations, inefficient company’s surveillance, control and internal monitoring programmes and weaknesses in the implementation and enforcement of law. Other reasons include greed (wanting to be rich quickly), selective application of the law, complicity between offenders and regulators, slow judicial processes and high legal cost for victims to pursue compensation. Practical implications As the enforcement agency, Securities Commission should further enhance efforts to monitor and enforce the law of capital markets. On the other hand, the courts have to impose fines on criminals based on the extent of the losses investors have suffered by investors and on the effects of the crime on market stability. More importantly, ethics training should be carried out to license holders by the relevant bodies and agencies in the securities market. Originality/value This paper provides measures on how to curb the unethical behaviour by carrying out ethics training and introducing new rules and regulations for the industry.

Remarkable lives: Dave Morrison in conversation with Jerome Carson

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
David Morrison ◽  
Jerome Carson
Keyword(s):  
Mental Health ◽  
Design Methodology ◽  
Care Staff ◽  
Health Care Staff ◽  
Service Users ◽  
Nursing Assistant ◽  
Content Type ◽  
Short Biography ◽  
Practical Implications

Purpose The purpose of this paper is to provide a profile of Dave Morrison. Design/methodology/approach In this case study, Dave provides a short biography of his background and is then interviewed by Jerome. Findings Dave has had two careers. The first as a scaffolder. The second as a nursing assistant in mental health services. He has ended up bruised and battered in both. Research limitations/implications Every case study tells a different story. The effects of stress can be cumulative. Practical implications There are many accounts of how hospitalisation has traumatised service users. Yet, working in these services can also be traumatic for the care staff. Social implications Professor Tony Butterworth used to say “Happy nurse equals happy patient”. If you look after staff needs, they will provide better care. Have we ever really looked after the needs of mental health-care staff? Originality/value Dave’s story is unique. As Nicola Adams says, “Fall down eight times, get up nine”. Dave has fallen down many more times than this. Eventually, it gets harder to get back up.

Compulsory purchase and compensation update – 2016

2016 ◽  
Vol 34 (4) ◽  
pp. 421-427
Author(s):  
Gary Sams
Keyword(s):  
Local Government ◽  
Design Methodology ◽  
Critical Assessment ◽  
Small Step ◽  
Consultation Process ◽  
Content Type ◽  
Comprehensive Reform ◽  
Compulsory Purchase ◽  
Practical Implications

Purpose – The purpose of this paper is to summarise and analyse reforms to the compulsory purchase compensation code which have been published for consultation by the Department for Communities and Local Government. Design/methodology/approach – To explain each of the proposals and provide a critical assessment of each of them. Findings – The proposed changes comprise a further small step towards the comprehensive reform of the compensation code which is required. Practical implications – The proposed reforms are to be welcomed but there are a number of areas in which they need refinement following the consultation process. Originality/value – As the proposed reforms were published only in March 2016 there will be few other commentaries available.

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