Mental health and fitness to plead proposals in England and Wales

Proposals to reform fitness to plead legislation have been published by the Law Commission in England and Wales; they include a new test of decision making capacity and a new psychiatric test that has yet to be fully developed. Although proposals have met with some support, there have also been detractors. The history of fitness to plead is reviewed and current case law (including the 1836 Pritchard criteria) is examined. Although existing arrangements have been criticised, this may be attributable to inconsistent practical application, rather than inherent conceptual flaws. The Pritchard test has largely stood the test of time and has emerged relatively unscathed. Fitness to plead is not a medical construct, but rather a legal entity and any new test would be likely to introduce its own difficulties. A capacity based assessment could enhance debate and disagreement and increase court time in many cases, presenting new resource implications with questionable benefit. As the existing Pritchard criteria, amended by case law, already include a five limb test that closely resembles a capacity assessment (ability to plead to the indictment, to understand the course of the proceedings, to instruct a lawyer, to challenge a juror and to understand the evidence) and given the difficulties in introducing a functional test format in other jurisdictions, the Law Commission's proposals should now be set aside, perhaps for another day: reconsideration may be possible some decades hence, pending enhanced scientific developments within psychiatry and better understanding of the mind.     

Conspiracism In and Around Libya

Abstract

The idea that there is one cohesive Islamist movement with a clearly defined plan to conquer power in Libya is a deeply flawed argument. It is one that, among other causes, is at the basis of the current divisions in the country and its civil strife. The Islamist movement in Libya, on the contrary, is a highly heterogeneous reality. Understanding this divisiveness is fundamental to the elaboration of a strategy for reunification and the establishment of law and order. Such a strategy should be based on the principle of incorporating those Islamists who accept the democratic process and isolating the more extremist ones.     

A JUST LEGAL PROTECTION OF DEPOSITORS AND DEBTORS IN THE BANKING LAW

Depositors and debtors are inherent in banking as an intermediationinstitution. The banking law has not given enough guarantee for banks to do their intermediation function, especially debtors need some protection in their transactions with banks from the pre-to post-transactions. The legal issue of this present research is a just legal protection of depositors and debtors in the banking law.     

The Department of External Affairs, the ABC & Reporting of the Indonesian Crisis 1965–1969

The Department of External Affairs took a keen interest in the manner in which Radio Australia reported events in Indonesia throughout the 1950s and 1960s. Radio Australia's high signal strength gave it a massive listening audience in the region. The attempted coup in Indonesia of 1965, its immediate aftermath, and the protracted power struggle that followed, triggered a period of cooperation and conflict between the Department and the Australian Broadcasting Commission over Radio Australia's reporting of events in Indonesia. During this time the Department received and acted upon advice from the Australian ambassador to Indonesia, Keith Shann, and, via Shann, received advice from the Indonesian Army on how it wanted the situation in Indonesia reported. This period is characterised by the Department's efforts to take over Radio Australia, and by cooperation between major western powers to coordinate information policy towards Indonesia. The Department also attempted to influence reporting of events in Indonesia by the Australian press and succeeded in convincing newspaper editors to report and editorialise in a manner sensitive to the Department's concerns.     

Fatal Electrocution by a Support Metal Wire

Abstract: Electrocution is not an uncommon cause of death. A case of fatal electrocution by a metal wire that was used as a support for the insulated television cable wire is reported. Electric current flowed through the metal wire when it touched the residential power line. Electrical injury caused because of contact with the live metal wire is described with histopathological findings. This case reports the circumstances that led to accidental fatal electrocution in an outdoor setting during the rainy season. Significance of death scene investigation to confirm the cause and manner of death in cases of fatal electrocution is highlighted. Public awareness programs to lay emphasis on electrical safety in domestic environment need to be introduced to prevent fatalities resulting from ignorance and/or negligence.