Replacing Provocation in England and Wales: Examining the Partial Defence of Loss of Control

In October 2010, provocation was abolished as a partial defence to murder in England and Wales. Through the introduction of the Coroners and Justice Act 2009, a new partial defence of loss of control was implemented. This sought to overcome problems associated with the provocaton defence and the gendered operation of the law of homicide, particularly in relation to male‐perpetrated intimate homicides, and the inadequate response of the law to the contexts in which battered women kill. This article first provides an account of these developments, and then examines legal stakeholders' perceptions of them. Drawing from in‐depth interviews with criminal justice professionals, it considers their perceptions of the operation of the law of homicide during a period of transition, specifically considering the formulation of the new partial defence, the initial effects of its implementation, and the significant differences between the Law Commission's recommendations and the reforms implemented by the government.     

Judicial Monitoring of Compliance: Introducing 'Problem Solving' Approaches to Domestic Violence Courts in England and Wales

This article examines the development of specialist domesticviolence courts. It overviews the features of ‘problemsolving’ courts and considers the extent to which thefledgling domestic violence courts in England and Wales areadopting the problem solving approaches found in some specialistcourts in the United States of America. Whilst noting some ofthe successes of the first seven domestic violence courts inEngland and Wales, the article concludes that more effectiveinterventions in domestic violence cases can be achieved throughgreater involvement of the judiciary in ongoing monitoring ofthe defendant’s compliance with court ordered perpetratorprogrammes.     

Pretrial procedure in England and Wales

A.B., Harvard College 1980; J.D., Yale Law School 1984.     

Psychopathy among prisoners in England and Wales

Most research into psychopathy among prisoners is based on selected samples. It remains unclear whether prevalences are lower among European populations. This study aimed to measure the prevalence of psychopathy, and the distribution and correlates of psychopathic traits in a representative national sample of prisoners. Psychopathy was measured using the revised Psychopathy Checklist (PCL-R) in a second stage, cross-sectional survey of prisoners in England and Wales in 1997 (n = 496). Poisson regression analysis was carried out to examine independent associations between correlates and PCL-R total and factor scores. The prevalence of categorically diagnosed psychopathy at a cut off of 30 was 7.7% (95%CI 5.2–10.9) in men and 1.9% (95%CI 0.2–6.9) in women. Psychopathic traits were less prevalent among women. They were correlated with younger age, repeated imprisonment, detention in higher security, disciplinary infractions, antisocial, narcissistic, histrionic, and schizoid personality disorders, and substance misuse, but not neurotic disorders or schizophrenia. The study concluded that psychopathy and psychopathic traits are prevalent among male prisoners in England and Wales but lower than in most previous studies using selected samples. However, most correlates with psychopathic traits were similar to other studies. Psychopathy identifies the extreme of a spectrum of social and behavioral problems among prisoners.     

Evaluation of a national prison-based treatment program for sexual offenders in England and Wales

Treatment efficacy is described for a sample of sexual offenders who had undertaken treatment in United Kingdom prisons (N = 647) and for a retrospectively selected comparison group (N = 1,910). The outcomes under observation in this study were sexual, sexual and/or violent, and general reconviction. Treatment impact was also examined in relation to offenders' risk of reconviction. The treatment group had slightly lower 2-year sexual reconviction rates than the comparison group, but these differences were not statistically significant. Significant differences were found between the treatment and comparison group for sexual and/or violent reconviction. Further analysis suggested that treatment produced a reduction in the probability of sexual and/or violent reconviction (p <.05) when other relevant variables were controlled for. General reconviction rates were consistently lower in the treatment group, but these differences were not significant.     

Law clinics in England and Wales: a regulatory black hole

There has been very limited consideration to date of how the regulatory environment in England and Wales impacts on university law clinics and the solicitors who run them. This paper sets out the current regulatory framework pertaining to university law clinics and explains the restrictions and limitations it poses. It highlights the current failure on the part of the regulators to meet their statutory duty to promote access to justice in relation to university pro bono services and sets out a series of recommendations as to how clinicians and regulators can secure a more certain and enabling future for clinics.     

Reconceptualising the Custody Threshold in England and Wales

The custody threshold provision in England and Wales was intended to operate as a limit on the use of custodial sentences, preserving what is the system’s most severe sanction for the most serious offences. However over the past few decades it has become apparent that the custody threshold is failing. Academics have discussed the reasons for this failure, which has seen the prison population double in space of a quarter of a century. This piece explores the custody threshold in the context of the use of custody in other Western European jurisdictions. It examines the courts’ response to the provision and various judicial attempts to amplify Parliament’s language. The authors then consider the academic critiques of the custody threshold provision, analysing the extent to which said criticism can be seen as a solution to the problem, before offering a new critique of their own. Finally, in a move towards more a more principled approach to the custody threshold, the piece offers a solution which would, it is argued, make the provision more effective and more theoretically sound.