bluuebunny/crossref_metadata_2025 huggingface dataset:
The Future of Social and Economic Rights
Authors: Hoffmann Florian F.
Published: May 2024

Social and economic (SE) rights are at a critical juncture. The past two decades have seen an impressive rise in their presence both in domestic and international jurisprudence and in political discourse, so much so that they can now be considered to have drawn even with civil and political rights as the dominant global human rights concern. Yet, as a succession of financial and general economic crises have afflicted states in the global North and South alike, questions have begun to be asked about their actual impact on both minimum living standards and (in)equality. This chapter seeks to provide an overview of where the debate on SE rights stands at this moment. It focuses on the current standards of monitoring and enforcement, on the ‘turn to indicators’ and the measurement of SE rights fulfilment, the domestic SE ‘rights revolution’ and the ongoing debate about its impact on core social policy areas such as public health, on the role of SE rights in international development cooperation through the ‘rights-based approach’, and on the recent mobilization of SE rights against austerity politics. The chapter will conclude with a reflection on the future of SE rights as a utopian vision in an increasingly dystopian world.
Understanding Nuclear Reactors
Authors: Hooton Brian
Published: May 2024

The main theme in the book is to give a non-mathematical understanding of how nuclear reactors operate. It describes the components, the pressure vessel, the pressurizer, to control the pressure in a pressurized water reactor (PWR), the steam generator, and it also explains how the chain reaction is controlled in the day-to-day operations in the control room. What goes on elsewhere in the nuclear fuel cycle, mining, enrichment, fuel manufacturer, spent fuel management, and reprocessing are also covered in detail. It tells a set of historical stories about the development of the physics behind reactors and the discovery of fission. The book also explains the hopes for the development of Generation IV reactors. Special attention is given to the safety of reactors and the lessons to be learned from the incidents at Three Mile Island, Browns Ferry, Chernobyl, and at Fukushima in Japan. I use a set of stories to explain the invisible hazard of radiation on the human body. Global warming was the motivation for the book, so I give a detailed account of alternative energy sources to fossil fuel, solar panels, wind turbines, geothermal, as well as nuclear. I give a detailed account of all the current developments in nuclear fusion as a future prospect for the production of electricity. The hydrogen strategy is emerging, and may become a revolution, but it is a very subtle partner in the quest for net zero, so I give a detailed account of how it fits into the plan to defeat global warming.
Basic Quantum Theory
Authors: Hooton Brian
Published: May 2024

De Broglie’s wavelength for a particle is used to explain the Heisenberg Uncertainty principle. Determinism is replaced by wave mechanics based on the probability of decay through exit channels. The concepts of spin and parity are explained with contributions from Pauli, Ralph de Laer Kronig, Samual Goudsmit, and George Uhlenbeck. Sommerfeld uses quantum numbers to explain atomic spectra. Pauli uses observations of the anomalous Zeeman effect to suggest new quantum numbers based on the electron having an additional two-value property, spin. Lee and Yang show parity is not always conserved. The theory of alpha decay using George Gamow’s tunnelling explanation and Fermi’s explanation of beta decay following Pauli’s suggestion of spin and the prediction of the neutrino complete the explanation of radioactivity. Dirac predicts antimatter and positron decay is observed. James Chadwick discovers the neutron.
Nuclear Fusion
Authors: Hooton Brian
Published: May 2024

The process and problems of nuclear fusion and the components of a fusion reactor are described. The tokamak shape and plasma containment by magnetic confinement are explained. The problems of engineering materials surviving the high temperature and neutron irradiation are covered. The reasons for using beryllium for the first wall and tungsten for the divertor are given. Tritium breeding in the blanket by neutron capture in lithium and the problems of tritium management are dealt with. The need for neutron multiplication in beryllium or lead to obtain a tritium breeding ratio greater than 1.0 is covered. The developments at the International Thermonuclear Experimental Reactor (ITER) are given. The alternatives to tokamak and magnetic confinement, laser fusion, inertial confinement, and accelerator hybrid systems for fusion are detailed as venture capital endeavours. The spherical tokamaks MAST and STEP are explained. The commercial viability of fusion electricity is questioned.
So-Called Civilian Protection Measures Harm Civilians
Authors: Sripati Vijayashri
Published: May 2024

This chapter provides an accurate and comprehensive account of the Protection of Civilian (POC) concept which has been so far distorted because it has been viewed through the public international law (PIL) lens. Based on an international constitutional law (ICL) analysis of UNSC POC resolutions and key UN-POC documents, this chapter demonstrates that the UNSC conceived POC to smoothen the Constitution’s globalization simultaneously through plans, short-term and long-term (1265, 1999). Given their Constitutional significance, the poverty reduction strategy papers (PRSPs) underlay the plans for protecting civilians—long-term and short-term. As the case studies on Colombia (a state with a mission lacking a POC mandate) and Côte d’Ivoire (a state with a mission mandated to protect civilians) illustrate, both these missions protect civilians the same way. They help states adopt market-led agrarian reforms identified as conflict triggers and, thus, imperil civilians from the very harms they purport to protect them. UN Official Ralph Mamiya and Consultant Aditi Gorur’s PIL accounts of POC are reviewed to illustrate how ignoring POC’s Constitutional foundation distorts our understanding of its contents and goals.
Transitional Justice Ignores Economic Violence. Why?
Authors: Sripati Vijayashri
Published: May 2024

This ninth chapter vividly illustrates how Constitutional Globalization produced a cascade of Western judicial mechanisms that worked to achieve its goals. In doing so, this chapter simultaneously resolves puzzles that have long baffled public international law scholars, both veteran and emerging: Why have truth and reconciliation commissions (TRCs) mushroomed in the Global South? (Jeremy Sarkin)? Why has international criminal law been proliferating since 2000 (Christine Schwoebel) and why was the World Trade Organization born soon after the International Criminal Court (ICC)? (Martii Koskenniemi). Why does international criminal and transitional justice ignore economic violence? And why the ICC has predominantly targeted African states? (Multiple scholars). The chapter establishes the Constitutional foundations of all post-1989 judicial bodies, international courts (e.g., International Criminal Tribunal for Rwanda, ICTY) and the ICC, and so-called transitional justice mechanisms (e.g., TRCs). With three case studies, one on the ICC’s functioning vis-à-vis Côte d’Ivoire and two on the TRCs in Rwanda and Nepal, it demonstrates how these Constitutionally rooted bodies protect the interests of the transnational capitalist class thus providing market justice globally. But what they offer to the poor in the Global South is cut-price justice. And why poverty reduction strategy papers are the mechanisms through which Third World states establish these Western judicial mechanisms.
Introduction
Authors: Graf Chiara
Published: May 2024

This introductory chapter provides an overview of the Stoic theory of the emotions, drawing out some similarities and differences between this ancient theory and modern-day affect theory. The Stoics believed that the passions were toxic and needed to be eradicated by reason. However, they defined the passions fairly narrowly, limiting them to feelings that arise from incorrect rational judgments about the world. The passions therefore did not encompass all of emotional life for the Stoics, who also accounted for a range of irrational and morally neutral sensations. The latter correspond roughly to the set of feelings studied by modern-day affect theorists. Taking affect theory’s suggestion that the para-logical aspects of emotional life hold special didactic potential, this chapter posits that the Senecan emotions, too, can be embraced for their illogical and uncontrollable aspects.
Wonder and Exemplarity in the Epistulae Morales
Authors: Graf Chiara
Published: May 2024

This chapter is centered on letter 120 of Seneca’s Epistulae Morales. In this letter, Seneca provides an account of how humans came to grasp the concept of the good. This chapter argues that wonder fulfills a crucial function in our apprehension of the good, even when it distorts objective truths about the phenomenal world. In addition to shedding light upon the nature of the good, wonder in letter 120 forms the basis for a particular model of Roman exemplarity: while many Senecan accounts of virtuous deeds figure exempla as external entities that impress themselves upon passive viewers, letter 120 centers wonderstruck subjects as active creators and circulators of didactically fruitful exempla.
Wilfred Owen (1893–1918)
Authors: Vandiver Elizabeth
Published: May 2024

This chapter surveys classical reception in the war poetry of Wilfred Owen and demonstrates the crucial importance of classics for his work. The chapter begins with a brief biography of Owen, focusing particularly on his education, his unfulfilled hopes of attending university, and his determined efforts to learn Latin, and giving a summary of his war service, his treatment at Craiglockhart Hospital, and his friendship with Siegfried Sassoon. The chapter then turns to detailed discussion of the war poems. The poems are grouped into three main categories, to foreground the most significant forms of classical reception that Owen employs: poems that allude to Horace’s Odes, starting with Owen’s most famous poem, ‘Dulce et Decorum Est’; poems that allude, directly or indirectly, to the classical katabasis (Underworld journey) or to the Underworld itself; and Owen’s direct retellings of classical myths. Poems that include only brief references to classics are surveyed in a separate section. The chapter establishes that Owen was directly familiar with Horace’s Odes, showing that he not only quoted Horace’s Latin in ‘Dulce et Decorum Est’ but also incorporated translations of Horatian phrases and aspects of Horatian structure into other poems. The chapter also demonstrates Owen’s familiarity with Ovid’s Metamorphoses, Virgil’s Aeneid, and Homer’s Iliad and Odyssey.
Introduction
Authors: Fabbrini Federico
Published: May 2024

This chapter introduces the edited volume. It outlines the core features of the Trade and Cooperation Agreement (TCA) and summarizes the key legal and political developments in the relationship between the European Union (EU) and the United Kingdom (UK) from 2022 to 2023. In particular, the chapter overviews the Windsor Framework, approved in spring 2023, and highlights its positive impact in rebuilding trust between the EU and the UK by resolving their tensions over Northern Ireland. Finally, the chapter considers what the prospects for the TCA might be going forward, and summarizes the content of the volume, and its contribution to Brexit studies.
The Windsor Framework and Its Impact for Northern Ireland and EU-UK Relations
Authors: Araujo Billy Melo
Published: May 2024

The successful conclusion of the Windsor Framework was announced to much fanfare in February 2023 and portrayed in some quarters as the beginning of a new dawn for the operation of the Ireland/Northern Ireland Protocol and EU-UK relations. The aim of this chapter is to look beyond such rhetoric and examine the nature of the reforms under the Windsor Framework package and the extent to which it represents a significant departure from the rules of the Protocol. It also highlights some of the potential pitfalls associated with these reforms and shows that, by seeking to address certain difficulties, the Windsor Framework creates entirely new ones that undermine the central aims of the Protocol and have the potential to threaten the sense of optimism and trust between the parties.
Regulatory Cooperation, Social Security Coordination, and Participation in Union Programmes
Authors: Petit Christy Ann
Published: May 2024

This chapter examines the status of regulatory cooperation between the European Union (EU) and the United Kingdom (UK) in financial services, the UK’s participation in EU programmes, and social security coordination. Those areas are essential in interdependent open economies and societies. Yet, they are only covered in a limited way in the Trade and Cooperation Agreement (TCA). Instead, commitments or provisions are found in joint declarations, protocols or draft protocols, and refer to a future cooperation framework, like a memorandum of understanding which now established a framework for EU-UK Financial Services Regulatory Cooperation. If the developments observed in 2023, with the approval of the Windsor Framework and a more constructive EU-UK relationship, has enabled the parties to move away from the status quo in financial services and opened the UK’s access to EU programmes, there should be a strong commitment by both parties to ensure the continuity and stability of cooperation in such areas.
Subsidies Control and Enforcement
Authors: Biondi Andrea
Published: May 2024

This chapter assesses how effective subsidies control under the Trade and Cooperation Agreement (TCA) is in preserving a level playing field between the EU and the UK. It argues that in many respects subsidies regulation in the TCA goes further than what is usually required in international trade agreements by promoting regulation in ways that are the least damaging to competition. This is so if specific principles under which a subsidy can be considered as unlawful are taken into account. Further, the remedies available in cases of non-enforcement are particularly wide: from the state-to-state remedies, to private enforcement, to the possible use of rebalancing measures. The new domestic system of subsidies control adopted by the UK is also examined in terms of its compliance with TCA requirements.
The Regulatory State: Central Features
Authors: Craig Paul
Published: May 2024

The previous chapter revealed the proximate connection between regulation and the development of administrative law. Administrative law developed because of challenges to the application of regulatory legislation. The focus in this chapter shifts from the ‘vertical’ to the ‘horizontal’. There are three principal themes in the ensuing analysis. The discussion begins with consideration of central features of the legislative and political landscape that cut across particular subject matter areas. The second theme concerns the impact on the regulatory landscape of background theories of mercantilism, free trade, and utilitarianism. These were the principal economic theories prevalent during the period of study. There is analysis of mercantilist theory and its impact on the nature and incidence of regulatory activity, followed by analogous treatment of free trade and utilitarianism. The final part of the chapter deals with regulatory continuity and change in the 20th to 21st centuries.
Natural Justice
Authors: Craig Paul
Published: May 2024

This chapter deals with the historical development of natural justice from the early 17th century onwards. The story begins with the foundational case law concerning the right to a hearing, which is followed by discussion of its applicability and content. The focus then shifts to analysis of bias, with discussion of the doctrinal foundations, followed by consideration of the breadth of its application. The analysis thereafter is on the 20th century case law prior to the 1960s, which exhibited elements of continuity with the earlier case law, but also change, in the sense of limitations engrafted on natural justice that were not present in the earlier case law. The final section of the chapter examines the seminal decision in Ridge v Baldwin, which reconnected with the case law from the 17th to 19th centuries and struck down a number of the limitations imposed in the earlier part of the 20th century.
Reasonableness
Authors: Craig Paul
Published: May 2024

The previous chapter considered controls on discretion through delegation, fettering, and purpose. This chapter continues the story through the jurisprudence concerning reasonableness review. The discussion begins with such review in relation to individual decisions. The foundational case law establishing such review is explained, and so too is the relationship between reasonableness review and individual decisions, and reasonableness review and rulemaking. The focus in the subsequent sections shifts to reasonableness review in the context of rulemaking. There is a rich case law whereby the courts imposed reasonableness controls over rules broadly conceived rather than individual decisions. This occurred in three principal contexts. The courts required reasonableness of price where a corporation exercised de facto or de jure monopoly power pursuant to charter or statute; they conditioned the legitimacy of custom as a source of regulatory authority on proof of its reasonableness; and they subjected by-laws to review for reasonableness.
Third and Fourth Source Power
Authors: Craig Paul
Published: May 2024

The previous chapter focused on the prerogative. This chapter deals with sources of executive authority in addition to prerogative and statute. There is modern debate concerning a third source of executive power, with much valuable material directly on the topic and closely related thereto. There is, however, little by way of historical examination to determine the provenance of such ideas. This is more particularly surprising given that there is resort to historical concepts, such as corporation sole, with little attention to the origin and applicability of such ideas in the present context. The first half of this chapter explicates the historical material, the second half considers continuity and change in the 20th to 21st centuries. The ensuing analysis will, however, be facilitated by understanding central issues at the outset. They are enduring and endemic. They were present in the 16th and 21st centuries and are explained in the chapter.
Prerogative Writs
Authors: Craig Paul
Published: May 2024

The previous chapter considered the law relating to standing. It provides the natural foundation for consideration of the principal remedies used by individuals or groups when seeking redress against public bodies. This is familiar terrain, occupied by the prerogative writs of certiorari, prohibition, and mandamus, and also by injunction and declaration, which will be analysed in the next chapter. The familiarity is reassuring, but also misleading. The common assumption is that the prerogative writs have existed from time immemorial, subject to minor judicial amendment to meet changing societal needs. The writs have indeed existed for some considerable time, but the common assumption is, nonetheless, mistaken. The reality is that the courts played a major role in shaping and transforming the writs to render them fit for purpose and capable of addressing the remedial administrative law needs in the 17th century and thereafter.
Injunction, Declaration, Quo Warranto, and Habeas Corpus
Authors: Craig Paul
Published: May 2024

The focus now shifts to four other important remedies: injunction, declaration, quo warranto, and habeas corpus. The first two were general remedies, and the latter two were more specific, since they targeted particular wrongs. The injunction is the most under-appreciated of public law remedies. It was the remedy of choice for many who sought to prevent wrongdoing. The declaration only became a significant public law remedy at the beginning of the 20th century because of resistance from the courts. The information in the nature of quo warranto was an important remedy used to secure an office and was forged by an admixture of judicial and legislative initiative. Habeas corpus is in some respects the most famous and also the most complex when viewed from a historical perspective. The final section of the chapter considers continuity and change in the remedial architecture in the 20th to 21st centuries.
Focality, Analogy, and the Articulation of Concepts
Authors: Williams S. G.
Published: May 2024

How should analytical philosophy respond to the apparent failure of systematic conceptual analysis? This chapter is devoted to an Aristotelian response. An important step is furnished by the quasi-technical notion of elucidation, which reveals how concepts can be understood through other, coeval concepts, even if no analysis is forthcoming. But, like analysis, its deployment has been piecemeal. What is needed is a more systematic approach to analysing or elucidating concepts—articulating them—and to the uncovering of such articulations. This chapter aims to explore such an approach using the quintessentially Aristotelian notions of focality and analogy. Initially, it explains the role of analogy and analogical reasoning in discovering and articulating concepts. But its principal concern is focality—the notion that being F generally can sometimes be understood via a central conception of being F (the focus) along with other conceptions (satellites) to which it is suitably related. Although how to uncover focal notions is considered, much of the discussion concentrates on understanding focality itself, particularly how to formulate what counts as being suitably related. But even with that settled, the question emerges how unified a concept is when articulated in this way. It transpires that the focus and its satellites can sometimes constitute a loose unity, characterizable via the notion of loose identity. But what is loose identity? The chapter concludes by articulating identity generally as a loosely unified focal concept with strict identity as focus, and looser conceptions, characterizable via informal approximations to Leibniz’s Law, as satellites.
Life, Agency, and Value
Authors: Lennox James G.
Published: May 2024

Over a period of three decades, David Charles and Allan Gotthelf engaged in a productive dialogue over how best to understand Aristotle’s philosophical defence of natural teleology (or final causality). This chapter presents their respective views on this topic and identifies their key differences regarding the place of normativity and agency in Aristotle’s account of teleology. It concludes by looking at a number of recent philosophical defences of teleological explanation in the biological sciences and indicates that the disagreements on display in the dialogue between Charles and Gotthelf are present in these recent defences as well. It concludes by suggesting a way of resolving these disagreements.
Hypocritical Blame Is Unfitting
Authors: Achs Rachel
Published: May 2024

Philosophers disagree about what, if anything, is wrong with blaming hypocritically, but almost all treat the issue as a moral one: Either there is something morally wrong with hypocritical blame or there isn’t. This chapter argues that, although there are moral objections to blaming hypocritically, the first and foremost problem with hypocritical blame is that it’s unfitting. More specifically, it is an enabling condition on blame’s fittingness that the blaming subject be committed to the norm she blames a target person for violating. Because of a connection between fittingness and representational accuracy, recognizing this condition on blame’s fittingness in turn has interesting upshots—both for theorizing about the ethics of hypocrisy and for understanding the significance of blame itself.
Robbery—Sentencing Children and Young People Guideline—effective from 1 June 2017
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter details the youth-specific sentencing guidelines for robbery. In a case where a child or young person has offended for the first time and has pleaded guilty to committing an offence which is on the cusp of the custody threshold, the Youth Offending Team should be encouraged to convene a youth offender panel prior to sentence where the child or young person is asked to attend before a panel and agree an intensive contract. The court determines the length of the order but a Referral Order Panel determines the requirements of the order. If a custodial sentence is imposed, the court must state its reasons for being satisfied that the offence is so serious that no other sanction would be appropriate. Where a custodial sentence is unavoidable, the length of custody imposed must be the shortest commensurate with the seriousness of the offence.
UN Convention on the Rights of the Child
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter highlights the UN Convention on Human Rights of the Child 1989. The United Kingdom is a signatory to this Convention although it is not part of domestic law. The standards established in the Convention have been increasingly accepted as relevant to decisions regarding the rights of children and young persons under the European Convention on Human Rights. The United Nations has also adopted detailed standards for children and young persons involved in the youth justice system. These are contained in the UN Standard Minimum Rules for the administration of juvenile justice 1985 (‘The Beijing Rules’); the UN Rules for the protection of juveniles deprived of their liberty 1990 (‘The Havana Rules’); and the UN guidelines for the administration of juvenile delinquency 1990 (‘The Riyadh Guidelines’). Although not binding in the United Kingdom, they form part of the international standards that would be relevant to considering any human rights question relating to a child or young person.
Welfare Principle
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explains the principle of the welfare of the child or young person. The introduction of the principal aim of the youth justice system did not lead to any lessening in importance of the welfare principle, which is set out in the Children and Young Persons Act 1933, s 44. CYPA 1933, s 44 provides that ‘every court in dealing with a child or young person who is brought before it, either as an offender or otherwise, shall have regard to the welfare of the child or young person’. There is no statutory definition of ‘welfare’ but assistance can be found in the Sentencing Children and Young People — Overarching Principles definitive guideline, para 1.12. Ultimately, in making any decision involving a child or young person, the court will have regard to the principal aim and the welfare principle. The welfare principle, for example, is not only relevant to a sentencing decision but is also relevant when considering bail.
Bail
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explores the provisions for bail of youth defendants. Under the UN Convention on the Rights of the Child, Article 37(1), depriving a child of their liberty during criminal proceedings should be a measure of last resort. To that end, there are rules applicable only to defendants under the age of 18 and extra resources are devoted to supporting defendants on bail. The Bail Act 1976 applies to youth defendants but there are a number of differences which generally narrow the scope of the statutory grounds for refusing bail. In addition, if bail is refused, there is a presumption that the remand will be to local authority accommodation; further criteria must be satisfied before a remand in custody is made. The main practical difference between applying for bail for a youth as opposed to an adult is the significant role played by the Youth Offending Team. The chapter then considers the right to bail; conditional bail; electronic monitoring requirements; bail supervision and support; parental surety; and breach of bail conditions.
Custody Time Limits
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter addresses how the Prosecution of Offences (Custody Time Limits) Regulations 1987 set time limits during which the defendant can be in the custody of a court awaiting the start of their trial. Custody time limits apply to any youth defendant, whether remanded to local authority accommodation or youth detention accommodation. Custody time limits start at the end of the first day of remand and expire at midnight on the last day. A time limit expiring on a Saturday, Sunday, bank holiday, or on Christmas Day or Good Friday will be treated as having expired on the next preceding day which is not one of those days. Meanwhile, defendants who abscond from prison, or who have been released on bail following expiry of a custody time limit, but are then remanded following a breach of bail, do not enjoy the protections offered by custody time limits. The chapter then considers the extension of custody time limits.
Reporting Restrictions in Other Criminal Courts
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter discusses reporting restrictions in other criminal courts. In the adult magistrates’ court and Crown Court, the automatic reporting restrictions imposed by the Children and Young Persons Act 1933, s 49 do not apply. The court has a discretionary power to impose reporting restrictions in relation to those aged under 18 under the Youth Justice and Criminal Evidence Act 1999, s 45. This covers defendants and witnesses, including the alleged victim. There is also a power to restrict reporting of criminal proceedings for the lifetime of witnesses and victims under 18, if satisfied that the quality of their evidence or level of cooperation is likely to be diminished by fear or distress, but this power does not apply to defendants.
Criminal Behaviour Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter talks about the criminal behaviour order (CBO), which is an order that prohibits the offender from engaging in behaviour likely to cause harassment, alarm, or distress to any person. It outlines how a CBO can be made by a youth court, magistrates’ court, or Crown Court whenever an offender is convicted of any offence. It also cites Criminal Procedure Rules, r 31.3 that requires the prosecutor to give notice of the intention to apply for a CBO following a conviction. The chapter highlights the prosecution that must find out the views of the local youth offending team before applying for a CBO to be made if the offender is under the age of 18. It implies that a CBO must include and specify the period for which it has effect.
Committal for Sentence
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter describes cases that involved defendants aged under 18 that should ordinarily be sentenced in the youth court but allowed with a committal to the Crown Court for sentence following conviction. It discusses the application of committal powers to adults if a defendant attains 18 before the date of conviction. It also looks at DPP v South Tyneside Youth Court, whereby the court must ensure that the decision to retain a case for trial in the youth court does not prevent it deciding that committal for sentence is necessary. The chapter reviews the power of the Crown Court to deal with an offender under 18 by imposing a sentence of detention for a term of more than two years. It mentions the youth court or adult magistrates’ court that has the power to commit a youth defendant to the Crown Court for sentence.
Discharges (Absolute and Conditional)
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter cites sections 79 and 80 of the Sentencing Code, under which a court may discharge offenders absolutely or discharge them subject to the condition that they commit no offence during a certain period, if the court considers it inexpedient to inflict punishment. It also looks at the unavailability of an order for a conditional discharge for a person who has received two or more youth cautions and is convicted of an offence committed within two years since the last of the cautions. The chapter talks about a conviction for an offence for which the offender is discharged either absolutely or conditionally and will be deemed not to be a conviction for any purpose other than the purpose of the proceedings. It highlights that a person who commits an offence during the life of a conditional discharge may be re-sentenced for the original offence.
Mentally Disordered Offenders
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter covers the provisions of Mental Health Act 1983, s 1, which affects the reception, care, and treatment of mentally disordered patients and the management of their property. It discusses the application of Sentencing Code, s 232 on an offender that is or appears to be suffering from a mental disorder. It also details how the court must obtain and consider a medical report before passing a sentence unless it considers that it is unnecessary to obtain one. The chapter considers a medical report as a report on an offender's mental condition that is made or submitted orally or in writing by a registered medical practitioner. It highlights the Sentencing Council’s definitive guideline, Sentencing Offenders with Mental Disorders, Developmental Disorders or Neurological Impairments, which applies only to offenders aged 18 or older.
Referral Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter talks about a referral order, which is an order that requires an offender to attend each of the meetings of a youth offender panel and by virtue of which the offender is required to comply with a programme of behaviour. It considers a referral order as the primary sentence for first-time offenders under the age of 18 who plead guilty. It also describes a referral order as unique in the criminal justice system as the sentencing court determines the length of the referral while the requirements of the order are subsequently determined by a youth offender panel. The chapter explains that a referral order is available where the court is a youth court or other magistrates’ court, the offender is aged under 18 when convicted, and the offence does not attract a sentence fixed by law. It outlines referral order conditions that apply where a court is dealing with a person aged under 18 at the date of conviction.
Remittal to Youth Court for Sentence
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter reviews Sentencing Code (SC), s 25, which provides for the power to remit to the offender’s local youth court for sentence. It looks at the application of SC, s 25 whenever a person aged under 18 is convicted by or before a court of an offence other than homicide. It also highlights the considerable practical benefit of the power of a youth court to remit to the youth offender’s local youth court. The chapter notes that the power to remit to a local youth court is not subject to the same preconditions as the power under s 28 to remit an adult offender to a different magistrates’ court. It talks about the youth court receiving the case under s 25 that may hear an application to vacate a guilty plea and proceed to try the defendant.
Reports
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter talks about the statutory duty of local authorities to provide information about a youth charged with a criminal offence. It explains that the duty of local authorities is extended to children’s services departments and education departments. It also points out that the information provided by authorities is most commonly done through the submission of sentencing reports. The chapter describes a pre-sentence report as a report made or submitted by an appropriate officer with a view to assisting the court in determining the most suitable method of dealing with an offender. It outlines how the statutory requirement to obtain and consider a pre-sentence report before deciding on a sentence gets much tighter in the case of a youth defendant.
Sentences Available in the Youth Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter details how the youth court may impose, for offenders aged under 18, an absolute or conditional discharge, a fine, a compensation order, a referral order, a youth rehabilitation order, a detention and training order, and a special sentence of detention for terrorist offenders of particular concern. It points out how a court may not suspend any custodial sentence imposed on an offender who was under the age of 18 on the date of conviction. It also looks at sentences that are only available in the Crown Court and are not available in the youth court for offenders aged under 18 on the date of conviction. The chapter lists long-term detention under the Sentencing Code, s 250, the special sentence of detention for terrorist offenders of particular concern, and the extended sentence of detention, as well as detention for life and detention during His Majesty’s pleasure.
Sexual Offences Notification Requirements
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter highlights the law relating to notification as a sex offender that is contained in the SOA 2003, Part II. It emphasizes that the regime applicable to offenders who were under the age of 18 at the time of the offence is substantially different to that applicable to adult offenders. It also covers the notification requirements that are triggered in a narrower set of circumstances and the notification period that is half that applicable to adult offenders. The chapter discusses how an offender becomes subject to the notification requirements if they are convicted of or cautioned for an offence listed in the SOA 2003, s 80. It reviews automatic notification requirements for the offender under 18 years at the time of the offence that are convicted or cautioned for offences in the SOA 2003.
Youth Rehabilitation Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter provides an overview of the key concepts of a youth rehabilitation order (YRO). It enumerates the requirements of the court as part of the order, citing how a court is expected not to make a YRO unless it is of the opinion that the offence was serious enough to warrant such an order. Additionally, the court may extend the length of a YRO up to six months if the order requirements are incomplete. The chapter then presents the warrants and adjournments revolving around a YRO, such as specific sentencing codes. It then elaborates on the obligations of the responsible officer when a YRO is in force.
Routes to Trial on Indictment
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explores the routes to trial on indictment. It enumerates the conditions on when a youth can appear in the Crown Court for trial. The Crime and Disorder Act 1998 established the rules surrounding the circumstances when a youth may be sent to the Crown Court for trial on indictment. The Crown Court now has a general power to remit proceedings to the magistrates’ court. Moreover, the Crown Court must consider whether to send youth defendants back for trial and must give reasons if it does not remit. The chapter then discusses the changes to the powers of the youth court to committing sentence and guidance from the Sentencing Council, Court of Appeal, and High Court.
Remittal for Sentence
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter discusses remittal for sentence. When the Crown Court exercises its remittal power, the remittal must be to a youth court acting for the place where the youth was sent to the Crown Court for trial, unless the court is satisfied that it would be undesirable to do so. The Court of Appeal suggests that in the case of a grave crime, it will generally be undesirable for the Crown Court to remit the case to the youth court for sentence. According to the Sentencing Children and Young People – Overarching Principles, the Crown Court judge must balance the need for expertise in the sentencing of young offenders with the benefits of sentences being imposed by the court which had determined guilt. The chapter considers the situation wherein a young person, jointly charged with an adult offender, appears before the Crown Court.
Sentences Available to Crown Court
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter tackles the sentences available to the Crown Court, which include a fine, detention, and absolute or conditional discharge. It looks into how referral orders may only be made by a youth court or other magistrates' court. When a Crown Court judge imposes a youth rehabilitation order (YRO), the court's attention must be drawn to s 189 of the Sentencing Code (SC), which includes the Crown Court's power to direct magistrates' court supervision. The chapter presents the appropriate SC when a defendant is convicted of an offence whilst they are subject to a YRO. It also elaborates on the notion of long-term detention under SC, s 250.
Cautions
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

appeal cases, case management, evidence, rights of appeal, Crown Court, hearing, Children and Young Persons Act 1933, youth court
Remittal to Adult Magistrates’ Court for Trial
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter focuses on remittal to adult magistrates' court for trial. It provides an overview of s 47 of the Crime and Disorder Act 1998, which revolves around the power of youth courts, including details surrounding the start of the trial. Section 47 does not explicitly distinguish between categories of offences. However, the provision cannot be used for indictable-only offences as the adult magistrates' court would have no sentencing powers in relation to similar offences, as per the judgment in R (Denny) v Acton Youth Court [2004] EWHC 948 (Admin); [2004] 2 All ER 961.
Rehabilitation of Offenders Act 1974
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter refers to the Rehabilitation of Offenders Act 1974, noting that the relevant age is the age on the date of conviction and that reduced rehabilitation periods do not apply if the offender has reached the age of 18 by the date of their conviction.
Responsibility for Financial Order
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter looks into responsibility for payment of a financial order. It covers the different considerations applied to parents and guardians compared to local authorities with parental responsibility. Several provisions of the Sentencing Code provide the court with the duty and power to order a financial order to be paid by a parent or guardian instead of the offender themselves. The chapter clarifies the responsibility of local authorities to pay for the financial order if the offender was found to be in their care and parental responsibility had been acquired through a full care order. It considers when it is unreasonable to make financial orders against a local authority.
Parental Bind Over
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter explains the decline of the imposition of parental bind overs. It cites that the making of a bind over requires consideration of its terms and the consent of the person being bound over. According to ss 376 and 377 of the Sentencing Code, the binding over of a parent or guardian applies where a person under 18 years old is convicted and a court is sentencing the offender for the offence. The Sentencing Children and Young People – Overarching Principles definitive guideline also provides assistance on orders imposed on parents. The chapter mentions that the parent who is made subject to a bind over has the right to appeal to the Crown Court.
Anti-social Behaviour Injunction
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter focuses on anti-social behaviour injunctions (ASBIs). It cites that ASBIs are governed by the Anti-Social Behaviour, Crime and Policing Act 2014 and that the Magistrates’ Courts (Injunction: Anti-Social Behaviour) Rules 2015 apply. An ASBI may be filed against any respondent who is 10 years old or older if two particular conditions are met. The chapter then considers the requirement to consult a Youth Offending Team before discussing the process of making an application for an ASBI. It explains interim injunctions, which last until the final hearing of the application or until further order, and applications without notice.
Breach of Gang Injunction
Authors: Ashford Mark , Branston Gareth , Redhouse Naomi
Published: May 2024

This chapter looks at the breach of gang injunctions. It cites that the Policing and Crime Act 2009 contains the powers of the court to deal with an alleged breach of a gang injunction. A constable may arrest a person whom the constable has reasonable cause to suspect to be in breach of that provision, but it must be reported to the person who applied for the injunction within a period of 24 hours. The chapter discusses how a person may apply to a relevant judge for the issue of a warrant for the respondent's arrest. It elaborates on the appearance before the youth court, the remand of the defaulter, and the powers of the court regarding the breach of an injunction.
A Paradigm Shift in Obesity Care
Authors: Kirton Carl A.
Published: May 2024

Treatments are available and improving.
Alcohol-Related Deaths Surged During the COVID-19 Pandemic
Authors: Roush Karen
Published: May 2024

The percentage increase was significantly higher for women.
Weight Loss Medications: Stigma and Shortages
Authors: Fink Jennifer
Published: May 2024

Recently approved drugs offer hope and spark concern.
Pressure Injury Prevention in Adult Critically Ill Patients: A Best Practice Implementation Project
Authors: de Oliveira Ramalho Aline
Published: May 2024

Implementation science is the process of integrating an intervention into practice within an organization or health system and is a useful strategy to improve practice, affect patient outcomes, and promote practice sustainability. In this series, AJN and the journal JBI Evidence Implementation have partnered to deliver examples of how health care facilities from around the world have worked to solve common patient care problems. Through this partnership, we strive to create awareness and share knowledge and experiences by publishing summaries of studies that have appeared in JBI Evidence Implementation. These summaries are designed to provide nursing teams with an overview of the barriers faced and the strategies and resources needed to improve practice and drive change at the unit level. Our goal is to ensure that AJN readers have access to important evidence-based information designed to influence patient outcomes and nursing practice.—Carl A. Kirton, DNP, MBA, RN, ANP, FAAN
A Conversation with Lucinda Canty
Authors: McSpedon Corinne
Published: May 2024

The nurse midwife and educator discusses maternal health and nursing history.