Rural Adjustment Schemes: Juggling Politics,Welfare and Markets

The Commonwealth government has offered support to farmers in the form of structural or business adjustment‐type schemes since the Loan (Farmers Debt Adjustment) Acts of 1935–1971. Since 1971, a series of more comprehensive rural reconstruction/adjustment schemes with a range of objectives from debt alleviation to encouraging some exits from agricultural industries, has been in place. While having little direct impact on the structure of these industries, the various schemes have been politically important and an indicator of how core values relating to agricultural production and rural life have changed. A review of the schemes shows an increasing focus on improving farm productivity and sustainability, accompanied by a discourse emphasising the need to promote the ‘farm business’, rather than to protect the ‘family farm’. On the other hand, governments have also used these schemes to deliver ‘welfare’ outputs.     

Inaccessible and Unknowable: Accretion and Uncertainty in Modern Criminal Law

Between May 1997 and August 2006 over 3,000 new crimes and offences entered the statute book expanding the criminal law exponentially and insinuating criminal liability into areas of everyday life previously untouched. This unremitting intensification of the criminal law where often quite random and unrelated provisions are embedded in huge, generic and virtually annual Criminal Justice Acts has made the law inaccessible and unknowable to the public, and uncertain to those charged with interpreting and applying it. This article examines the phenomenon of accretion in the criminal law within the last decade drawing on historico-legal contexts, jurisprudential theory (particularly the Rule of Law), and contemporary illustrations. It argues that uncontrolled legislative accretion and a bloated statute book may introduce dangerous levels of uncertainty into the law not only undermining its integrity but eroding the essential mutual respect between government and the governed which legitimises the authority of the criminal law. The political hothouse of spin-cycle government has sought to rely on the creation of new law as the panacea to all ills blurring the democratic boundary between citizen and government.

Conditional Rights,Benefit Reform,and Drug Users: Reducing Dependency?

United Kingdom government policy to increase social security claimants' entry to the labour market through conditions attached to unemployed, sickness and incapacity benefits now includes additional measures to activate particular groups such as lone parents and drug users. The latter are a prime target because of their high level of dependency on benefits and because social security rules are seen as having the potential to modify the behaviour of individuals with a lifestyle regarded as being at odds with the moral obligations of citizenship and incompatible with the government's realization of its wider economic and social goals. There are strict procedures for the identification of drug‐user claimants, enabling additional conditions to be attached to their benefit rights. This article discusses the general trend in benefit reform towards increased conditionality and evaluates the reforms affecting drug users, considering human rights and other implications. It concludes by reflecting on the status of conditional rights to social security as social rights.     

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.