bluuebunny/crossref_metadata_2025 huggingface dataset:
Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jobcenter Berlin Neukölln v Nazifa Alimanovic and others (Case C-67/14), EU:C:2015:597, 15 September 2015. The document also includes supporting commentary from author Noreen O’Meara.
Prosecutor v Hans Åkerberg Fransson (Case C-617/10), EU:C:2013:105, [2013] 2 CMLR 46, 26 February 2013
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Prosecutor v Hans Åkerberg Fransson (Case C-617/10), EU:C:2013:105, [2013] 2 CMLR 46, 26 February 2013. The document also includes supporting commentary from author Noreen O’Meara.
Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Digital Rights Ireland and Seitlinger and others v Minister for Communications, Marine and Natural Resources and others (Joined cases C-293/12 and C-594/12), EU:C:2014:238, [2014] ECR I-238, 8 April 2014. The document also includes supporting commentary from author Noreen O’Meara.
R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018
Authors: O'Meara Noreen
Published: September 2021

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018. The document also includes supporting commentary from author Noreen O’Meara.
Attorney General for New South Wales v Trethowan [1932] AC 526, Privy Council
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Attorney General for New South Wales v Trethowan [1932] AC 526, before the Privy Council. This case concerned whether provisions enacted by an earlier legislature could bind the legislative choices of future legislatures. It should be noted that this case relates to a dominion legislature. The document also includes supporting commentary from author Thomas Webb.
Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Burmah Oil Company v Lord Advocate [1965] AC 75, House of Lords. This case, read together with the War Damage Act 1965, outlines the capacity of Parliament to enact retroactive legislation. The case note discusses this in the context of the rule of law and parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.
Campbell v Mirror Group News Limited [2004] UKHL 22, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Campbell v Mirror Group News Limited [2004] UKHL 22, before the House of Lords. MGN Ltd had published newspaper articles regarding Naomi Campbell’s recovery from drug addiction. Campbell alleged this was a breach of her Article 8 rights under the European Convention on Human Rights (ECHR). MGN Ltd argued that restricting its ability to publish such articles would be a breach of its Article 10 rights. The case provides an example of discussion regarding the concept of ‘indirect’ horizontal effect of the ECHR under the Human Rights Act 1998. The document also includes supporting commentary from author Thomas Webb.
Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Dimes v Proprietors of the Grand Junction Canal (1852) III House of Lords Cases (Clark’s) 759, 10 ER 301, House of Lords. This case concerns an example of a judge holding a pecuniary interest in a case they were adjudicating upon. There is also wider discussion of the concept of bias. The document also includes supporting commentary from author Thomas Webb.
Hirst v United Kingdom [2005] ECHR 681, European Court of Human Rights (Grand Chamber)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Hirst v United Kingdom [2005] ECHR 681, European Court of Human Rights (Grand Chamber). This case note concerns the provisions limiting the voting rights of prisoners, and the extent to which the United Kingdom is bound to follow the decisions of the European Court of Human Rights. The document also includes supporting commentary from author Thomas Webb.
Jackson v HM Attorney General [2005] UKHL 56, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Jackson v HM Attorney General [2005] UKHL 56, House of Lords. This case concerned the interpretation of the Parliament Acts 1911 and 1949 and the implications of this interpretation for the relationship between the Houses of Parliament. The case also contained important obiter from the House of Lords on the nature of parliamentary sovereignty. The document also includes supporting commentary from author Thomas Webb.
Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Parochial Church Council of the Parish of Aston Cantlow, Wilmcote with Billesley v Wallbank [2003] UKHL 37, House of Lords. The underlying substantive issue in this case was the question of whether the Wallbanks were liable to pay for the repair of their local parish church. However, this case note focuses on the definition of public authorities under s. 6 of the Human Rights Act 1998 (HRA). Public authorities are required to act in accordance with the HRA, and the Wallbanks contended that the Parochial Church Council was a public authority within the meaning of s. 6. The document also includes supporting commentary from author Thomas Webb.
R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) [2000] 1 AC 119, House of Lords. This case considered what types of interest, in addition to pecuniary interests, should require a judge to recuse themselves from sitting on a case. The document also includes supporting commentary from author Thomas Webb.
R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as Fleet Street Casuals)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Inland Revenue Commissioners, ex parte National Federation of the Self Employed and Small Businesses Ltd [1982] AC 617, House of Lords (also known as the Fleet Street Casuals case). This case concerns when and how an assessment of an applicant’s standing (or interest, locus standi) should be made for the purposes of determining whether they may bring a judicial review. Lord Diplock’s judgment provided a liberal approach to the assessment of standing as compared with the approaches offered by his fellow judges. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Al-Skeini) v Secretary of State for Defence [2007] UKHL 26, House of Lords. This case concerned the extra-territorial effect of the Human Rights Act 1998 (HRA)—that is, the effect of the HRA beyond the physical jurisdiction of the United Kingdom. The underlying substantive issue concerned six test cases where Iraqi civilians had died following interactions with British forces occupying the Iraqi city of Basra and the surrounding area. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Begum (By her litigation friend, Rahman)) v Headteacher, Governors of Denbigh High School [2006] UKHL 15, House of Lords. This case concerned whether a school unlawfully limited a pupil’s right to manifest her religious beliefs through religious dress. The case note explores how a balance is struck between competing qualified rights, and so also contains discussion of the concept of proportionality. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division)
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Detention Action) v First-tier Tribunal (Immigration and Asylum Chamber) [2015] EWCA Civ 840, Court of Appeal (Civil Division). This case considers the legality of the ‘Fast Track Rules’ which operated in asylum application cases, and the extent to which the courts can intervene in, and suspend, processes in major areas of government policy. There is also discussion of the relative roles of the courts and government in contentious areas of public policy. The document also includes supporting commentary from author Thomas Webb.
R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, Supreme Court. This case revisited the legality of ouster clauses discussed in Anisminic ([1969] 2 AC 147) in the context of the reviewability of decisions made by the Investigatory Powers Tribunal. The note also discusses the implications of the Independent Review of Administrative Law (IRAL) (2021) and the government’s response to the review, as regards ouster clauses. The document also includes supporting commentary from author Thomas Webb.
R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51, Supreme Court. This case considers whether the fees applicants were required to pay to access the Employment Tribunal and Employment Appeals Tribunal interfered with their ability to access justice. The UKSC articulated the right of access to justice as deriving from the common law. The document also includes supporting commentary from author Thomas Webb.
Re Finucane’s Application for Judicial Review [2019] UKSC 7, Supreme Court
Authors: Webb Thomas E.
Published: September 2021

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Re Finucane’s Application for Judicial Review [2019] UKSC 7, UK Supreme Court. This case concerns first, the law relating to legitimate expectations, and second the requirements to establish an Article 2-compliant investigation into a death. The facts of the case are connected to the murder of Patrick Finucane by loyalist paramilitaries in Northern Ireland. The document also includes supporting commentary from author Thomas Webb.
9. Finding books, journals, and official publications
Authors: Finch Emily , Fafinski Stefan
Published: September 2021

There are a range of important sources of law beyond legislation and case law. These are materials that provide information on the content, meaning, and operation of the law and help students in their quest to understand the law. This chapter explains how to find these important supplementary resources. It covers books, journals, official publications, Halsbury’s Laws of England, Bills, and Hansard (Official Reports of Parliamentary Debates).
4. Special duty problems: psychiatric harm
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter discusses the ‘special duty issue’ that arises when a person has suffered psychiatric harm as a result of the defendant’s negligence. This issue has an interesting history, for it was thought at first that a claimant could only succeed if he or she was within the range of physical impact. In other words, only the ‘primary’ victim could sue. Liability was later extended to secondary victims; that is, where the claimant was not at risk of physical injury, but saw or heard the accident which caused the shock with his or her own unaided senses.
8. Causation and remoteness of damage
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter discusses the concepts of causation and remoteness of damage. Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. Causation is initially determined on the balance of probabilities—a ‘but for’ test. A causation problem usually occurs when we look at the damage and see that it was actually caused by a number of different factors either combining together to bring about the damage, or each being sufficient in and of itself to have done so but where it cannot be determined which factor actually caused the harm. A remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, but where the damage is either unpredictable in extent or unpredictable in nature.
15. Defamation
Authors: Horsey Kirsty , Rackley Erika
Published: September 2021

This chapter focuses on defamation which enables an individual (or, more controversially, a company) to prevent the publication of, or recover damages for, public statements which make, or are likely to make, people think less of them. At its heart is a balance between freedom of speech (protected under the European Convention on Human Rights and the Human Rights Act 1998) and the interests of an individual in the protection of their reputation. The chapter examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.
6. Sovereignty and jurisdiction
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter briefly looks at the nature of sovereignty and its parameters in international law, but essentially focuses on the function and nature of jurisdiction. It first examines the breadth of the space in which sovereignty is exercised; namely, land, sea, and air. Thereafter, it assesses territorial jurisdiction (in both its objective and subjective dimensions) and examines the practice of the four extraterritorial principles of jurisdiction; namely, nationality-based, the protective principle, passive personality, and universal jurisdiction. The chapter then considers instances where national courts refuse to exercise their ordinary jurisdiction, namely, instances where the accused is covered by the privilege of immunity or because his or her arrest was illegal. Finally, it looks at the US practice of extraterritorial jurisdiction, whereby sometimes the sovereignty of other nations has been breached.
9. State responsibility
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

The law of international responsibility sets out the legal consequences arising from a breach by a State of its international obligations. It should be distinguished from ‘primary rules’ of international law, which lay down international obligations. International responsibility arises when a certain act or omission is wrongful, ie it is attributed to a State and it amounts to a violation of its ‘primary’ obligations. The international responsibility may be excused under certain strict circumstances, such as consent or necessity. Otherwise, the responsible State should cease the wrongful conduct and, in case of damage, it should provide reparation to the injured State, in the form of restitution, compensation, and satisfaction.
11. Use of force
Authors: Bantekas Ilias , Papastavridis Efthymios
Published: September 2021

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the United Nations Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.
4. The separation of powers
Authors: Faragher Colin
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the meaning of separation of powers; what judges say about the separation of powers in the UK; what statutes say about the separation of powers in the UK; whether the UK Government is based on the separation of powers; the relationship between the executive and the legislature, the relationship between the executive and the legislature in the process of departure from the European Union, the whip system and backbench revolts, the relationship between the executive and the judiciary, the independence of the judiciary, the appointment and dismissal of judges, the Civil Procedure Rule Committee, the Sentencing Council for England and Wales, and the relationship between the courts and Parliament.

UK law
10. Introduction to administrative lawThe foundations and extent of judicial review
Authors: Faragher Colin
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the concept of judicial review. Judicial review allows a High Court judge to examine the lawfulness of decisions made by public bodies carrying out their public functions and enactments where there is no right of appeal or where all avenues of appeal have been exhausted. The defendant must be a public body, the subject matter of a claim must be a public law matter, and the claimant must have the right to claim. This chapter also looks at the basis procedure for judicial review.
9. Employers’ liability and vicarious liability
Authors: Brennan Carol
Published: September 2021

This chapter discusses both common law and statute on employers’ liability and vicarious liability. Employers’ liability is concerned with the employer’s personal, non-delegable duty in respect of the physical and psychological safety of his employees. This was established in Wilsons and Clyde Coal v English (1938) and is reinforced by the statutory requirement that employers have compulsory insurance. Vicarious liability involves the employer being liable to a third party for the tort of his employee. This must occur in the course of employment, a concept which was redefined in Lister v Hesley Hall (2002). The employment relationship has been re-examined in the light of institutional child abuse cases.
7. Remedies for breach of contract
Authors: Poole Jill , Devenney James , Shaw-Mellors Adam
Published: September 2021

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on damages, the aim of which is generally to protect the claimant’s contractual expectation and put the claimant into the position they would have been in had the contract been properly performed. The lost expectation may be measured in terms of the difference between what the claimant expected to get and what was actually received. There are limitations on the claimant’s ability to be fully compensated for losses as a result of breach, i.e. remoteness, mitigation, contributory negligence, and the ability to recover for non-pecuniary losses in contract. This chapter also examines agreed damages clauses and the operation of the penalty rule.
7. The Direct Jurisdiction of the Court of Justice
Authors: Foster Nigel
Published: September 2021

This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); actions for damages (Arts 268 and 340 TFEU); and also the right to plead the illegality of an EU regulation (Art 277 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.
2. Agreement Part I: Offer
Authors: Naidoo André
Published: September 2021

This chapter discusses the principles relating to offers. For an offer to be made there must be an apparent intention to make one. Ordinary displays of priced goods are regarded as invitations to treat, which customers make an offer to buy. Ordinary adverts are regarded as invitations to treat, but one can be an offer if there is an apparent intention to make one. Meanwhile, an auction ‘without reserve’ will ordinarily amount to an offer for a unilateral contract to sell to the highest bidder. Ordinarily, an invitation for tenders is an invitation to treat and each tender is an offer. When an invitation for tenders says that the most competitive tender will result in a contract, it will be treated as an offer for a unilateral contract under which the best tender will be accepted. Offers can be ended by lapse, revocation, rejection, and (possibly) death.
4. Certainty and the Intention to Enter a Legal Relationship
Authors: Naidoo André
Published: September 2021

This chapter investigates the basic law on the certainty and intention requirements in the creation of an agreement. To be legally enforceable as a contract, the agreement must be sufficiently certain and show an intention to enter a legal relationship. Agreements can be uncertain because they are vague, or because they are incomplete. This can indicate there was no intention to enter a legal relationship. The courts must not rewrite the agreement; they must simply interpret it. If an agreement is incomplete, the courts may decide that the missing terms are implied, and this is more likely if there has been performance. A gap in an incomplete agreement can be filled if the parties have provided a mechanism for doing so, or if the terms can be construed so as to do so. The chapter then differentiates between an agreement to negotiate (a lock-in agreement) and agreements not to negotiate with other parties (lock-out agreements). Agreements between businesses are presumed to be made with the intention to be legally binding, but the facts, the interpretation of the terms, or the surrounding circumstances could mean there was no such intention.
9. Financial Remedies: Principles and Assessment
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

Most of the legislation governing the financial arrangements on the ending of a marriage dates back over 40 years, when attitudes and economic and social factors affecting marriage were very different. This chapter examines courts’ attempts to keep the law in step with societal changes through case law. It considers the statutory criteria; the principles developed from case law; the current approach of the courts; private ordering between the parties; and how the orders made by the courts are altered in the light of subsequent events. It concludes by discussing proposals for reform.
15. Children’s Participation in Family Proceedings
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter considers the increasingly important question of children’s participation in proceedings concerning them. It evaluates children’s right to participate in proceedings both as a matter of domestic and international law. It then assesses the complex law as to how children’s views are ascertained and the circumstances in which children will be represented both in private and public law. It then turns to children’s direct participation in family proceedings including children’s ability to initiate proceedings.
19. Adoption and Special Guardianship
Authors: Lowe N V , Douglas G , Hitchings E , Taylor R
Published: September 2021

This chapter discusses the law on adoption. It covers the nature of adoption and background to the legislation; comparison of adoption with other legal relationships and orders; adoption and human rights; the changing pattern of adoption; responsibility for placing children for adoption; general principles when reaching decisions about adoption; adoption service under the Adoption and Children Act 2002; placement for adoption; the procedure for the making of adoption orders; contact considerations; registration of adoption and the adoption contact register; the effects of an adoption order; transfer of parentage. It then examines the international aspects of adoption and, in that context, the 1993 Hague Convention on Intercountry Adoption. The chapter ends with a discussion of special guardianship.
2. Marriage and Civil Partnership
Authors: Morgan Polly
Published: September 2021

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?
11. Child Protection: State Support for Children
Authors: Morgan Polly
Published: September 2021

This chapter considers how the Children Act 1989 provided a legal framework within which the state can support children to remain with their families through difficult situations and intervene to protect them when they face unacceptable risks. The chapter starts by giving a brief history of child protection law. The chapter then looks at the inherent tension in protecting children while aspiring to support their life with their families, before considering local authorities' powers and duties, resources, and the ever-increasing numbers of children who are involved with social services, whether as c hildren in need, looked after children, or as subjects of child protection investigations or applications.
Additional Chapter: Elderly Care
Authors: Morgan Polly
Published: September 2021

To broaden your learning, go to the online resources to read an additional chapter on elderly care (available November 2021).

www.oup.com/he/morgan1e

To broaden your learning, go here to read an additional chapter on elderly care.
3. What is ‘justice’?
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter examines justice in an absolute sense, and also justice in the context of the criminal justice system. The criminal justice system is the set of rules and practices under which government institutions and agencies act in order to prevent or control crime, to deal with those who break the law, and to support victims. ‘Justice’ in the context of ‘criminal justice’ refers to the extent to which the system aims to prevent or reduce offending; ensures that those who are accused, convicted, and sentenced are treated fairly (justly); and works to support victims and communities. Justice should be guaranteed by the law, especially the criminal law, in any state and should be clearly present in all decisions about crime and social issues made by those working for the state. As such, justice is core to almost every aspect of the criminal justice system. The chapter also considers broad definitions of justice; frameworks called criminal justice models on which understandings of justice in the criminal justice system can be anchored; philosophical ideas about the concept of justice; and the main systems used to bring about criminal justice.
5. Crime statistics
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter evaluates the importance of crime statistics in criminological studies. Crime statistics can give an indication of how much ‘crime’ is happening, for example how many robberies or car thefts have been counted in a particular year and area. They also help to identify and assess trends and patterns, such as shifts in types of crimes and perpetrators, increases and decreases in the number of offences and in more serious acts of deviance, like assault or murder. This knowledge enables us to decide on the appropriate responses to crime, and for ‘society’ and its state agencies to implement those responses. The chapter then traces the development of UK crime statistics, looking at the two main sources of UK crime statistics: police recorded crime and the Crime Survey for England and Wales (CSEW).
16. Biological and psychological positivism
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter discusses how theories from biology and psychology can help in understanding crime. It studies individual positivism: that is, those aspects of positivist criminological explanations that look for differences between criminal and non-criminal populations. Biological and psychological positivists believe that by measuring biological and psychological differences between offenders and non-offenders they will discover a clear explanation of criminal behaviour, a truth that explains criminal actions. When researchers discovered physical or biological differences between offenders and non-offenders they tended to assume that those characteristics were causative and explained the behaviour. However, there is a big jump between finding differences and assuming that the difference explains the behaviour. The chapter traces the journey of biological and psychological positivist thinking from its roots in the 19th century through to the approaches in the 21st century where these biological and psychological traits are merely seen as one factor which may increase the likelihood of criminality rather than causing it.
22. Searching for the causes of crime
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter addresses the causes of crime, the exploration of which has been a high priority within criminology as the main way of explaining crime and of informing responses to crime. The chapter begins by considering how criminologists understand crime and the causes of crime, comparing interpretivism with positivism as ways of exploring and thinking about crime. A central motivation for identifying causes is to validate the factors targeted through criminological responses such as sentencing, crime reduction and prevention activity, and policy. The dominance of positivist experimentation within criminology and the associated search for causes has been re-animated in the 21st century by the growing popularity of experimental criminology in the US, most notably the ‘what works’ experimental method of evaluating crime prevention programmes. The chapter then looks at contemporary challenges to the experimental ‘what works’ approach, namely realistic evaluation, the theory of change model, and chaos theory.
27. Crime control
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter reflects on the crime control approach. Criminologists and criminal justice practitioners who adopt this standpoint accept that crime is inevitable; but they are also committed to minimising its effects, either by restricting opportunities to offend or by acting decisively where crimes are committed. Crime control and retributive interventions may well coincide, despite their differing motivations, for example in the case of imprisonment. But crime control also extends well beyond deterrent sanctions to include other measures geared towards the assessment and management of potential risks, target hardening, proactive policing, offender surveillance, and restrictions. The chapter then looks at the role of the police in crime control including zero tolerance, intelligence-led policing, and community policing as well as the role of other agencies, such as architects, the community, private security providers, and the judiciary. It considers how predictive tools might be used to minimise the risk of reoffending and assesses some of the impacts and outcomes of crime control strategies.
28. Punishment
Authors: Case Steve , Johnson Phil , Manlow David , Smith Roger , Williams Kate
Published: September 2021

This chapter discusses the place that punishment occupies as a response to crime. In many ways, the idea of punishment lies at the heart of our thinking about crime and criminal justice. It acts as a kind of balancing factor to the offence and seems like an obvious and natural consequence of a wrongful act, as in the biblical idea of ‘an eye for an eye’. However, the criminologist’s task is precisely to interrogate fundamental assumptions and to question the obvious. As such, there is a need to consider, with a critical eye, some well-established conventions such as the principle of ‘just deserts’ and the idea that we should make ‘the punishment fit the crime’. The chapter explores aspects of the historical development of punishment and its changing role in society and looks at particular forms of penal sanction, notably the death penalty, the use of imprisonment, and community-based alternatives to the deprivation of liberty. The chapter then assesses the role of the judiciary in administering punishments, the consequences of imposing punitive measures, and the criticisms of the use of punishment.
6. Reservations and Derogations
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.
15. Protecting Family Life
Authors: Rainey Bernadette , McCormick Pamela , Ovey Clare
Published: September 2021

This chapter examines the protection of family life under Article 8 of the European Convention on Human Rights, as well as the additional protection found in Article 12 and Article 5 of Protocol 7. It discusses the definition of family life and the positive obligations inherent in the right to ‘respect’. It also examines issues such as assisted reproduction and surrogacy, custody, access and care proceedings, international child abduction, adoption, inheritance rights, and the particular issues which arise in relation to the family life of non-nationals and prisoners. In addition, it addresses the right to marry and the right to equality between spouses.
2. Policy, politics, and the media
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter introduces some of the policy issues which shape immigration law. It discusses migration policy in a global context; the institutional basis of immigration control; electronic borders; current drivers of UK policy, including security and economic migration; control within the borders, including the hostile environment policy; treatment of asylum seekers; the refugee crisis; and the role of the media. The chapter touches on the scrutiny of immigration functions by the Parliamentary Home Affairs Select Committee and the Independent Chief Inspector of Borders and Immigration. There is a short discussion of the ambivalence of UK immigration policy towards economic migration.
3. Nationality, citizenship, and right of abode
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter considers the bases of nationality and citizenship, and traces the development of British nationality law, focusing on changes from 1948 to the present day. It looks at the effects of these changes on particular groups of people, characterised to a significant extent by progressive exclusion. It considers the fundamental incident of citizenship and the right to live in one’s own country, both as to the interaction of nationality and immigration law and as to the overall effect of full inclusion as a citizen. The bases for obtaining British nationality by registration and naturalisation are discussed, as are the powers of deprivation of citizenship. The possibility of asserting rights as a stateless person is also noted.
4. Freedom of movement for EU nationals
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter discusses the law which governs the free movement of people within the EU. As such, it is principally about the movement of EU nationals. The movement of non-EU nationals, known in European law as third-country nationals, may come within the ambit of EU law due to their connection with EU nationals, for instance as a spouse, family member, or employee. The chapter concentrates on the rights of EU nationals and their families to move within the EU, and covers the powers to deport or remove EU nationals. It also considers the possible impacts of Brexit on free movement rights.
5. Immigration law and human rights
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter discusses human rights law as it affects immigration and asylum. It explains how human rights apply to decisions on entry and removal, and the extraterritorial application of Article 3, and its nature as an absolute right. The chapter discusses Article 8, and how the proportionality test is applied to removal decisions in particular. It considers the effect on Article 8 cases of the immigration rules, the Immigration Act 2014, and case law interpreting the relationship between the rules, statute, and human rights. It briefly covers other Articles, including recent cases on Article 10. It also refers to the interaction of human rights with the duty in s 55 Borders Citizenship and Immigration Act 2009 to have regard to children’s welfare.
6. Crossing the border and leave to remain
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter is concerned with the legal processes of crossing the border to enter the UK and the stages at which that crossing is encountered before and on arrival. It discusses the extraterritorial powers of immigration officers and the role of new technologies as characteristics of an increasingly diffuse, intelligence-based, and security-oriented system. It describes the role and powers of entry clearance officers and immigration officers, including the power to discriminate, and considers the general grounds for refusal of leave or entry clearance. It presents a brief account of some offences which may be committed in the course of entry. Also discussed are the Common Travel Area (CTA), the grant of leave, and how the most secure immigration status of settlement may be achieved.
14. Detention
Authors: Clayton Gina , Firth Georgina , Sawyer Caroline , Moffatt Rowena
Published: September 2021

This chapter focuses on the issue of immigration detention. The deprivation of liberty is one of the most serious infringements of fundamental human rights. In immigration law, individuals lose their liberty through the exercise of a statutory discretion by the Home Office or immigration officers. The chapter considers the statutory powers and executive guidelines, together with human rights and common law rules. The use of detention is an increasingly common phenomenon in the asylum process, and the key role of immigration bail is examined. The former use of indefinite detention for foreign terrorist suspects is discussed at the end of the chapter.
3. The elements of a crime: mens rea
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter examines the mens rea or mental fault of the accused. Because an actus reus is treated in law as a bad thing, an intention to cause it is, in law, a bad intention, a guilty mind. Similarly, consciously taking an unjustified risk of causing an actus reus—that is, recklessness—is also a bad state of mind. Unintentionally causing an actus reus by negligence may also be regarded as legally blameworthy. Each of these implies different degrees of ‘fault’. The chapter also discusses subjective and objective fault, intention in crimes other than murder, the distinction between motive and intention, subjective recklessness and malice, wilful blindness, suspicion and reasonable grounds to suspect, the correspondence principle and constructive crime, coincidence in time of actus reus and mens rea, ignorance of the law, absence of a ‘claim of right’ as an element in mens rea and proof of intention and foresight.
4. Crimes of negligence
Authors: Ormerod David , Laird Karl
Published: September 2021

Negligence refers to conduct that does not conform to what would be expected of a reasonable person. Along with intention and recklessness, negligence involves a failure to comply with an objective standard of conduct; that is, all of them are forms of fault. To prove negligence, the prosecution is not required to show that the accused failed to foresee a relevant risk; it only has to establish that his conduct failed to comply with a reasonable standard. A person is negligent if he is not able to comply with an objective standard of behaviour set by the law. This chapter deals with crimes of negligence and negligence as mens rea, negligence as the basis of liability, degrees of negligence, negligence as a form of culpable fault, and negligence and capacity.
8. Corporate and vicarious liability
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter focuses on the potential criminal liability of organizations, particularly corporations. Corporations have a separate legal identity and are treated in law as having a legal personality distinct from the people who make up the corporation. Therefore, in theory at least, criminal liability may be imposed on the corporation separately from any liability imposed on the individual members. There are currently six ways in which a corporation or its directors may be prosecuted: personal liability of corporate directors, etc; strict liability offences; statutory offences imposing duties on corporations; vicarious liability; the identification doctrine; and statutory liability of corporate officers. The chapter also discusses the limits of corporate liability, the distinction between vicarious liability and personal duty, the application of vicarious liability, the delegation principle and the ‘attributed act’ principle. The chapter examines the failure to prevent offences found in the Bribery Act 2010 and the Criminal Finances Act 2017.
10. General defences
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter considers general defences other than those focused on the mental condition of the accused, and looks at cases where the defendant will usually have performed the actus reus with the appropriate mens rea. These general defences include infancy (children less than ten years old and children ten years old and above), duress, necessity and orders of a superior. The chapter also discusses public and private defence (‘self’-defence), the statutory ‘clarification’ of these defences, the controversy over householder self-defence, force used in the course of preventing crime or arresting offenders, force used in private defence, entrapment and impossibility.
15. Further homicide and related offences
Authors: Ormerod David , Laird Karl
Published: September 2021

This chapter deals with further homicide and related offences. It discusses offences ancillary to murder, solicitation and threats to kill, the offence of concealment of birth, complicity in suicide, mercy killing and suicide pacts as well as the Suicide Act 1961. The chapter also covers offences of infanticide, child destruction and abortion. Finally, it then moves on to provide an overview of the offences under the Domestic Violence, Crime and Victims Acts 2004 and 2012 of causing or allowing a child or vulnerable adult to be killed or caused serious injury. The chapter examines the recent line of case law from the House of Lords and the Supreme Court considering whether the absolute prohibition on assisted suicide violates rights guaranteed in the European Convention on Human Rights.