‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.     

Book reviews

Improving the quality of public participation in council decision making continues to be a key goal of local government 'modernisation'. Different rationales for this have been advanced, including consumerist aims of service improvement, participation as an important value in itself, and participation as a survival strategy for local government. Based on surveys of, and interviews with, councillors and senior officers in Scottish local government, this article explores the ways in which concepts of 'consumerism' and 'citizenship' inform councils' approaches to public participation.     

When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?

The power to permit a retrial after a conviction has been quashed on appeal is an established part of criminal procedure, with over a third of successful appeals against conviction in England and Wales now resulting in a retrial being ordered. Despite this, relatively little attention has been paid to the circumstances in which it is appropriate for such permission to be granted. This article reviews the practice of the courts, offering a rational reconstruction of the reported cases. It argues that appeal courts have improperly entered into consideration of matters which should properly be reserved to prosecutorial discretion. While retrial after a quashed conviction should only be possible with the permission of the appeal court, such permission should – where sought – always be granted unless insufficient competent evidence was led at the first trial or a second prosecution would be an abuse of process.     

The Transfer of Small Business Assistance Strategies to Emerging Countries: The Case of Malawi

Malawi, located in Southern Africa, was ranked as one of the poorest countries in the world. Small business development was being emphasised by government and donors to expand employment and income. Numerous agencies, financed by government and foreign donors, existed in Malawi to assist the small business sector expand. The formation and much of the technologic know how used by these agency was originally transferred from donor countries. This paper presents results from a study to determine the capacity of these organisations to carry out national employment objectives. Numerous capacity constraints were identified and suggestions were made to improve agency effectiveness. The diverse source of SME assistance know-how was suggested as one cause of the capacity limitation of the agencies.     

Fraud victimization: Risky business or just bad luck?

Victimology theory recognizes that the characteristics, attitudes, and behaviors of potential victims influence the likelihood of criminal victimization. An important question for victimologists is whether potential victims put themselves at risk by engaging in risky behavior or whether victimization is primarily a result of bad luck. While this question has been investigated extensively with respect to street crime victimization, little attempt has been made to apply it to victimization by fraud. This article investigates the influence of attitudes toward financial risk taking on the likelihood of fraud victimization. Using data from a telephone survey of 400 randomly sampled respondents, we find that age and attitudes toward financial risk taking are significantly related to the likelihood of attempted victimizations but not to successful victimizations.     

The Integration of Environmental Principles in the World Bank

Given the scale and the complexity of the events of internation society, it is obvious that the law of that society must, sooner, rather than later, form itself into a legal system at least as rich and complex as the more advanced national legal systems.