Administrative justice in Wales: a new egalitarianism?

Administrative justice systems are under a variety of pressures, in particular austerity-inspired civil justice reform. I argue that such pressures do not necessitate the decline of administrative justice, and that a developing Welsh model has cross-jurisdictional appeal, especially to legal orders currently lacking a relevant organisational centre and joined-up approach. I examine the efficacy of existing conceptions of administrative justice and delineate a developing Welsh approach grounded in egalitarian principles. The nascent Welsh model emphasises reforming administrative justice hierarchies so that they work harmoniously with regulatory and value-promoting parts of the system, focusing on user perspectives and tackling the risks of less transparent forms of bureaucratic decision-making.     

Sex differentials in phthisis mortality in England and Wales, 1861–1870

In the mid-nineteenth century phthisis, or pulmonary tuberculosis, was the single most important cause of death in England and Wales. It was widely distributed geographically though some areas were worse affected than others. This paper explores aspects of the geography of phthisis mortality in England in the second half of the nineteenth century, with particular attention to the sex differential in mortality from this cause. Phthisis is often thought of as a disease of young women, and throughout much of England and Wales, especially in agricultural areas, women aged between 15 and 40 years were especially vulnerable. However the sex ratio of deaths from phthisis varied greatly from place to place and, in some places where phthisis was prevalent, men rather than young women were at the greatest risk of death. Phthisis mortality was sufficiently important that the geography of the overall sex differential in mortality was to a considerable extent determined by the geography of the sex differential in phthisis mortality. Where phthisis mortality disadvantaged females, the overall sex differential between male and female mortality was small or even negative; where phthisis mortality disadvantaged males, the overall sex differential was large. The paper then considers explanations of geographical variations in the sex differential in phthisis mortality. It is not clear that these are best explained by a ‘bargaining-nutrition’ account which holds that young women in poor households were especially vulnerable to mortality from phthisis because their weak intra-household bargaining position compromised their nutritional status. Other factors, such as the return migration to their native areas of out-migrants who became sick with the disease, and working conditions, especially for females, may have been more important. The final part of the paper considers the implications of the results for explanations of the decline of phthisis mortality between 1860 and 1900.     

Enduring Love? Attitudes to Family and Inheritance Law in England and Wales

This paper reports on the findings from a large-scale study of public attitudes to inheritance law, particularly the rules on intestacy. It argues that far from the assumption that the family' is in terminal decline, people in England and Wales still view their most important relationships, at least for the purposes of inheritance law, as centred on a narrow, nuclear family model. However, there is also widespread acceptance of re-partnering and cohabitation, producing generally high levels of support for including cohabitants in the intestacy rules and for ensuring that children from former relationships are protected. We argue that these views are underpinned by a continuing sense of responsibility to the members of one's nuclear family, arising from notions of sharing and commitment, dependency and support, and a sense of lineage.     

Prisoners with psychosis in England and Wales: diversion to psychiatric inpatient services?

The prevalence of psychosis among prisoners in England and Wales is ten times that in the household population and UK government policy is that prisoners should receive equivalent care to those in the community. This study investigated the implications of policy to divert more from the criminal justice system for psychiatric treatment. Psychotic prisoners were compared with psychotic persons in households and with other prisoners in two surveys of psychiatric morbidity in representative samples of the UK population. Psychotic prisoners were younger, more from ethnic minorities, with comorbid anxiety, substance misuse, ASPD, and childhood behavioural problems compared to psychotic persons in households. Less than a third had received previous inpatient treatment. Psychotic prisoners had similar criminal histories and higher psychopathy scores than non-psychopathic prisoners. Diversion is unfeasible without improved screening for psychosis and increasing bed numbers at higher levels of security to accommodate more patients who would pose high risk to the public. Future research should investigate why UK psychiatric services fail to identify psychotic prisoners and provide aftercare.     

Balancing autonomy and risk: a failure of nerve in England and Wales?

Specialised mental health legislation typically provides for the hospitalisation and treatment of those with mental disorders in the absence of their consent. The article examines the possible justifications for the existence of these special powers and argues that two of the most common justifications, the protection of the patient and the protection of others, do discriminate against those with a mental, as opposed to a physical, disorder. The relationship between mental health and mental capacity, or guardianship, legislation is then considered and possible ways forward are discussed with particular reference to the current reform debate in England and Wales.     

Mapping the effects of Brexit on legal education in Wales: proposals for addressing students’ concerns

ABSTRACT

Whilst the future for UK–EU relations remains to be realised, Brexit will have consequences for legal education. However, to date, neither the UK nor Welsh Governments have sufficiently addressed what those consequences will be for higher education. This paper, which documents the results of 336 student questionnaires received from law students surveyed from every law school in Wales, evidences that learners have already started to decide what they believe Brexit means for them. Amongst the numerous challenges for Welsh law schools is the opinion of current students that Brexit makes Wales a less attractive place for overseas students and lecturers, both EU and other internationals, to study and work. Meanwhile UK students studying in Wales are questioning the relevance of EU law modules, and are viewing aspirational careers within EU institutions as now being “closed doors”. By drawing upon our findings, as well as comparisons with other EU Member States, this paper proposes six areas where urgent collaboration between governments and universities is needed. Failing to address the concerns identified by this research has the potential to further threaten the internationalised education model that UK students benefit from by studying law at Welsh universities.     

Transfers of mentally disordered adolescents from custodial settings to psychiatric hospital in England and Wales 2004–2014

This article has used data provided by the Ministry of Justice to track changes in the number of adolescents under the age of 18 transferred from secure custodial institutions, who have required transfer to psychiatric hospital using Section 47 and Section 48 of the Mental Health Act. During the period 2004–2014 there were large reductions in the population of young people detained in custody in England and Wales. The number of young people requiring hospital transfer fell during this period but to a much lesser degree. The possible reasons for this are discussed and include the increased complexity of young people in custody and the increased availability of secure psychiatric beds.     

Mandatory life sentences for serious sex offenders in England and Wales: tough,but intelligent too?

Abstract

This paper reviews the changes in risk assessment procedures for sexual offenders over the last 15 years from the viewpoint of two active participants in that change. Best practices with this target group have evolved at a dizzying pace, leaving many practitioners and programme managers uncertain about which tests or procedures they should use and, frankly, wondering why things keep changing. We view this ongoing evolution as very positive. Compared to the early 1990s, evaluators now have better knowledge of the static and dynamic factors associated with sexual recidivism, and a number of empirically validated risk assessment tools. We describe the various risk assessment procedures we have introduced (e.g. STATIC-99, SONAR, STABLE-2007/ACUTE-2007), the reasons why practices have changed and the reasons why practices will continue to change.     

The long term recidivism risk of young sexual offenders in England and Wales– enduring risk or redemption?

PurposeTo examine the long-term sexual recidivism risk of juvenile sex offenders in England and Wales, and to compare the risk to that of a first time sexual offense for non-convicted juveniles. Additionally, the study explores the long term sexual recidivism risk of other types of juvenile offenders, and the long term violent recidivism risk of these groups.MethodsThe England and Wales Offenders Index was used to extract birth cohort data. Life table methods were used to estimate cumulative recidivism risk, and discrete time hazard models were used to compare hazard functions.ResultsAt the five year period, 7% of juvenile sexual offenders have been reconvicted of a sexual offense; reaching 13% by the end of the 35 year follow-up. When the reconviction hazard of the juvenile sexual offenders was compared with the first sexual conviction risk of a non-convicted comparison group, the hazards converged statistically after 17 years.ConclusionsThe study has implications for the registration periods of juvenile sex offenders. Indefinite registration for some juveniles needs to be considered, and a review of registration after a conviction free period would provide more balance between the protection of the public and the rights of the offender.     

‘Prefer not to say’: diversity and diversity reporting at the bar of England & Wales

The Bar of England & Wales, like the wider legal profession, does not reflect the society it serves. The current data published by the Bar Standards Board (BSB) suggests a profile in relation to gender and ethnicity that gives serious cause for concern. As regards additional diversity characteristics, the BSB (and others) have accepted that the existing datasets are not wholly reliable because of poor response rates to associated diversity questionnaires. In 2011, the Legal Services Board (LSB) introduced mandatory guidance that obliged its daughter regulators to put into place rules that relate to diversity monitoring and reporting across the legal profession. This paper is concerned with how the BSB has operationalised that statutory guidance in respect of the Bar. Drawing on data gathered from the websites of 160 chambers, I show significant non-compliance with the reporting rule, and question both how the BSB itself reports on diversity data and the drafting of the reporting rule. I ask whether non-compliance is partly a function of the complexity seen in how the BSB has made operational the LSB’s reporting requirements. My data also suggests that the BSB should target its enforcement and educational approaches to the reporting rule to small and medium sized chambers.     

How many tiers of criminal justice in England and Wales? An approach to the limitation on fair trial rights

This article proposes a recognition of five tiers of criminal justice reflecting five degrees of limitation on fair trial rights instead of the traditional notion of two tiers of indictable and summary processes in England and Wales. Over the last 15 years, the radical transformation of summary criminal processes has challenged the idea of ‘two tiers of justice’. Such measures as preventive orders, out-of-court disposals and regulatory offences process, which are characterised by higher levels of restriction on due process rights in comparison with the traditional summary process in Magistrates’ Court, should be considered new tiers.     

Angels of mercy? The legal and professional implications of withdrawal of life-sustaining treatment by nurses in England and Wales

In circumstances where life-sustaining treatment appears merely to be drawing out the inevitable, it is usual practice for the healthcare team to withdraw aggressive life-sustaining measures, once agreement is reached with the patient and their family. Common law gives doctors several defences to allegations of criminality or malpractice in taking the key actions that withdraw treatment and result in the patient's death; however, the legal defensibility of nurses undertaking this role has not been explored. In the absence of a specific body of law related to nurses taking the actions that withdraw life-sustaining treatment, I discuss the probable legal response by considering parallel cases. Examining some of the circumstances in which doctors are allowed to take life, I argue that the legal dispensation by which doctors are permitted to perform these tasks rests largely on their identity as doctors rather than any distinctive feature of their activities themselves. This uniqueness means that medical law for nurses is quite distinct from that for doctors. While it may nevertheless give nurses practical exemption from the legal consequences of their actions in withdrawal, it depends upon a judicial view that nurses are instruments of doctors. This judicial position is at odds with nurses' professional responsibilities, which envisage them as independent professionals who are liable for their own actions, inviting potentially adverse consequences from their professional registrar.     

‘Mr Peel’s Amendments’ in New South Wales: Imperial Criminal Reform in a Distant Penal Colony

This article investigates the difficult interface between metropolitan legal reform and empire in the late 1820s. In 1828, the Supreme Court of New South Wales sentenced dozens of men to death under legislation that had been repealed in Britain. It then insisted that every one of them be set free. This mess raised a fundamental question agitated in different ways around the empire in that decade: to what degree should colonial subjects enjoy the benefits of modernized metropolitan criminal law? Even as successive local and metropolitan Acts imposed new constraints on the civil rights of convicts in New South Wales, the Supreme Court insisted that even the most notorious recidivists in the colony should be protected against the Bloody Code from the moment it was reformed at home. In doing so, the court ignored the terms of section 1 of the Criminal Statutes Repeal Act passed at the request of a former East India Company officer to preserve the operation of the Code in India. Thus the peculiar reception controversy in New South Wales shows not only how disruptive metropolitan reform could be for colonies, it performed a growing racial gap in the imagination of legal subjecthood in different corners of empire.     

The economy,crime and time: An analysis of recorded property crime in England & Wales 1961–2006

We seek to determine whether one of the unanticipated side-effects of social and economic changes associated with the adoption of neoliberal and monetarist economics during the 1970s/1980s was rising crime rates. Undertaking time series analysis of social and economic determinants of property crime (using official statistics on recorded crime for England and Wales from 1961 to 2006) we develop a model of the effect of changes in socio-economic variables (unemployment, inequality, welfare spending and incarceration) on property crime rates. We find that while three of these had significant effects on change in the property crime rate, income inequality did not. We conclude with a discussion of the extent to which neoliberal economic and welfare (and later criminal justice) policies can be held to have influenced the property crime rate since the early 1980s and what this tells us about the social and economic determinants of crime at the macro-level.     

One Way or Another? Criminal Investigators’ Beliefs Regarding the Disclosure of Evidence in Interviews with Suspects in England and Wales

The research base concerning interviews with suspects remains to be comprehensively developed. For example, the extant literature provides differing views regarding how best to undertake the important interview task of disclosing evidence. In the current study, using a self-report questionnaire, 224 investigators based in England and Wales were asked as to their own preferred methods. Most respondents advocated a gradual method of disclosing evidence, stating that this approach would better reveal inconsistencies and obtain a complete version of events (similar to the reasoning of those who preferred disclosing evidence later). Those who advocated revealing evidence early stated this approach would more likely elicit confessions. Several respondents would not commit to one single method, arguing that their chosen strategy was contextually dependent. The study’s findings suggest that it remains arguable as to whether there is one best approach to evidence disclosure and/or whether particular circumstances should influence interviewing strategies.     

Rehabilitation of abandoned housing projects： A comparative analysis on laws and practices in Peninsular Malaysia,New South Wales and Australia

Even though there are laws and policies promulgated by the Malaysian government to govern housing industry, abandoned housing project is still one of the housing malaises in Peninsular Malaysia. If it is not feasible to rehabilitate the abandoned housing projects, they will be stalled forever to the detriment of the purchasers. Virtually, there is no universal way to resolve this problem due to the fact that issues faced by the stakeholders are different in almost every abandoned housing project. Thus, different methods are absolutely necessary to tackle the problems especially to rehabilitate those projects. To this point, laws and practices in New South Wales, Australia may deserve consideration.