The Human Tissue Act 2004: Innovative Legislation – Fundamentally Flawed or Missed Opportunity?

In November 2004 Royal Assent was finally given to the Human Tissue Act which was passed in response to the organ retention scandals at Alder Hey hospital and other hospitals around the UK. At first glance it may appear to set many of the concerns raised in the Bristol Interim Inquiry and Alder Hey Inquiry to rest. But on closer inspection a more complex position emerges. The paper examines the extent to which it can be regarded as a groundbreaking piece of legislation clarifying a notoriously uncertain area of law or whether in the long term it will be viewed as a fundamentally flawed Act and a missed opportunity.     

Getting to Grips with Sexual Grooming? The New Offence under the Sexual Offences Act 2003

In recent years, there has been increased societal concern regarding the dangers posed to children by sexual abuse and other related acts. For the main part, this article examines the new offence of meeting a child following sexual grooming under Section 15 of the Sexual Offences Act 2003. I will address the question of whether the introduction of this offence is likely to meet the Government's aim of providing greater protection for children against behaviour associated with sexual abuse. In particular, I will consider how difficult it will be to prove the existence of a harmful ulterior intent in order to make out the offence and why the Government has opted to create this specific offence rather than utilise the existing law of criminal attempt. I will argue that the new offence is a step in the right direction and that the current protection offered to children will be significantly extended by its introduction.     

The Parliamentary Standards Act 2009: A Constitutional Dangerous Dogs Measure?

The scandal which broke over MPs' abuses of the allowances system during the course of the last parliamentary session shows little sign of abating. As a result of an audit undertaken by Sir Thomas Legg, some MPs have been required to repay sums which were successfully claimed up to five years ago. Although this development has been welcomed by the public, it has been condemned by some in Parliament as being retrospective and unfair. In this article, the discussion focuses on the key provisions of the Parliamentary Standards Act 2009 which was enacted in order to tackle the issues raised by the expenses scandal. It considers their import and how they are likely to apply in practice. Since the Act is a further example of ‘fast‐track’ legislation, there was no opportunity for pre‐legislative scrutiny. This may help to explain why the Act differs in several important respects from the Bill which was originally introduced. It is highly likely that the 2009 Act will be the subject of post‐legislative scrutiny, especially since it contains a renewal provision.     

The Equal Employment Opportunity Law: A Decade of Change for Japanese Women?

This article analyzes the impact of the Equal Employment Opportunity Law in Japan, passed in 1986 and now over a decade old. The article views the law as weak and examines its role in relation to the three groups most affected by the legislation: women, bureaucrats, and employers. The article argues that, although the law has produced few gains in employment opportunities for women, it has led to renewed efforts at litigation, increased consciousness and activism among women, and amendments to the law, passed in 1997.     

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014: A Litany of Fundamental Flaws?

This article argues that the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 are fatally flawed notwithstanding the apparent rigour of the process which produced them. These Regulations were the product of considerable deliberation following a sensitively executed public inquiry yet, it is argued, they rely too heavily on the rhetoric of criminal law while failing to take into account the competing norms for compliance and the impact of NHS budget constraints. Further, they push the CQC towards a heavy‐handed deterrence approach to enforcement, which will increase hostility between regulatees and the inspectorate, and ultimately reduce the scope for developing the transparency about failures which is sorely needed in the NHS. This article challenges the contemporary wisdom that it is primarily knee‐jerk regulatory responses that suffer from fatal flaws of this nature.     

The wild mammals (protection) bill: A parliamentary white elephant?

Examining one unsuccessful private members’ bill (PMB) ‐ Kevin McNamara's Wild Mammals (Protection) Bill which would have prohibited hunting ‐ this case study examines many of the non‐legislative functions of the British Parliament. Even unsuccessful PMBs ‐ and this was a PMB whose failure was preordained ‐ have many consequences for both parliament and the wider political system of which it is an integral part. PMBs can perform an important ‘exit’ function, taking the decision away from a reluctant executive. They can help to set the agenda of political debate, generating publicity for parliament (as a body), the issue itself and the member promoting the bill. They generate correspondence between represented and representatives, helping to inform and educate. They can be used as a party‐political weapon and may have electoral consequences. They may also affect the legitimacy of the political system. PMBs are far from parliamentary white elephants.     

Higher Fines—Fewer Traffic Offences? A Multi-Site Observational Study

Assess the impact of a 100-per cent increase of fines on compliance with speed-limits (50 km/h) and parking regulations in urban areas. Norm violations were measured through standardized observations in all five major cities in Switzerland before and after fines had been raised by 100 % or more at two pre- and two post-intervention periods. The speed of 20,000 cars was measured, and 10,000 parked cars were controlled. Levels of police controls remained stable over the entire period, but enforcement activity varied considerably across cities. Violations of parking regulations decreased by 32 %. Speed-limit violations remained unaffected in the longer run by higher fines. When cities without relevant enforcement activity were excluded, a reduction by 17 % was observed. No causal inferences can be drawn given the absence of a control area. However, the data suggest that higher fines deter traffic violations, provided enforcement activity remains at relevant levels.     

Fiat Iustitia,Ruat Coeli?: The Misuse of Computers Act 1990

Conclusion It is considered, then, that wereCox v. Riley to come before the courts today, liability would arise under the offences of strict liability created by the Misuse of Computers Act 1990; as well as under the Criminal Damage Act 1971. Moreover, our sceptical layman, it is thought, would not be able to feel uneasy at the outcome, if the above arguments are correct. It is beyond doubt that the Act of 1990 was enacted to curb, insofar as is possible, the computer hacker and that still more insidious threat, the progenitor of computer viruses. It is interesting, too, that the act of a disaffected and possibly alienated employee, as presumably the act of the defendant in the case was, would now fall within the compass of that Act. The law would be applied; Justice would be done and seen to be done; and, dare it be said, Justice would be felt to have been done.     

The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?

In May 2016 the Housing and Planning Act 2016 became law, the first purely Conservative government intervention on housing in England since the 1990s. This article examines the Act's key provisions pertaining to social housing and the government's stated aim of increasing rates of homeownership. The Act, through the Starter Homes Scheme, extension of the right to buy to housing association tenants and changes to security of tenure in the social sector, has been heralded as a ‘landmark’ piece of legislation. This article scrutinises these policy measures and assesses their effectiveness and likely impact. It is contended that the Act exposes the government's promotion of homeownership above all other housing tenures. The article further explores the deep moralisation at the heart of the homeownership narrative and the intensification in the residualisation of social housing in England which, it is argued, is the inevitable consequence of the reforms.     

Strict Liability for Police Nonfeasance? The Kinghan Report on the Riot (Damages) Act 1886

The Riot (Damages) Act 1886 imposes a no‐fault obligation on police forces to compensate owners of property damaged in rioting. Following the riots across England in 2011 an independent Home Office review, the Kinghan Report, concluded that the fundamental principle of the Act should be retained, while the machinery should be modernised. The Report conceives of the Act as a useful, if highly unusual, compensation scheme that may ease socio‐economic problems in riot‐prone areas. This article questions that position. Strict liability offers potential advantages in contentious claims against public authorities, providing an incentive for the police to perform their duty to keep the peace while averting the questioning of police decision‐making that claims in negligence would inevitably require. The best alternative to negligence liability might not be ‘no liability’ (the general position now at common law), or liability based on ‘serious fault’ (as the Law Commission proposed in 2008), but liability without fault.     

“The ‘New’ Malaysian Criminal Procedure: Criminal Procedure (Amendment) Act 2006”

This paper explores the reform process surrounding the recent changes to the Malaysian Code of Criminal Procedure concerning statements made to police officers, discovery, body searches, rights to legal advice and detention. The Criminal Procedure (Amendment) Act 2006 was the first major piece of legislation to reform the criminal process in Malaysia for 20 years and represented an attempt not only to deal with specific problems relating to police practice and the pre-trial process, but also to single out Malaysia as a progressive state within Asia committed to the Rule of Law. The problem which this paper seeks to address, however, is that while many of the reforms appear to be a welcome attempt to protect suspects in police custody from abuse (a startling contrast to the recent legislative measures introduced in the UK as part of the “war on terror”), to better regulate police investigations and to improve the overall quality of justice administered pre-trial, a doubt lingers as to the direction of that reform and of the values guiding the criminal process. It will be argued that, without clear cultural markers, implementation of the new measures is likely to be piecemeal and previous cultural practices will continue to undermine even the best of legislative intentions.