Suchergebnisse

AbstractThis article considers whether the current approach of the criminal law to the unauthorised disclosure of personal data is adequate to deal with situations in which this disclosure has facilitated the commission of some other criminal offence. It argues that the focus of the criminal law should be on the consequences of disclosure and that there are strong policy arguments in favour of imposing liability on the person making disclosure for the offence that has been committed as a consequence of this conduct. In doing so, the article considers whether this could and should lead to the imposition of liability for constructive manslaughter if the disclosure of personal data leads to the death of the person to whom the data relates. The article concludes by suggesting that the most appropriate response is to strengthen the existing law with creation of a new offence that would focus on the consequences of disclosure.

This article examines the sufficiency of the legal response to stalking in terms of the penalty that can be imposed under the Protection from Harassment Act 1997. It is argued that the statute places limitations upon the availability of a sentence that adequately reflects the severity of the harm involved. This is exacerbated by the sentencing policy outlined in the Powers of Criminal Courts (Sentencing) Act 2000, which delineates the circumstances in which a sentence of imprisonment may be imposed. Central to this article is the distinction between a violent act and an act of violence and the role of the relevant conduct and consequences in the categorisation process. The article concludes with a consideration of whether the recommendations of the Halliday report would strengthen the law in this respect.

"A thorough understanding of the English legal system is vital for law students. It sets the foundations upon which all other legal study is based. It also introduces students to the 'tools of the trade' - specifically, how to read, understand and apply case law and statute law; how the court system works and who fulfils the various roles associated with the administration of justice. Equipped with this knowledge, students will be well placed to cover all other areas of the law"--

Previous studies have illustrated the existence of a double standard in the attribution of responsibility in contested sexual consent scenarios whereby intoxicated defendants tend to be held less responsible for subsequent sexual events than their sober counterparts while intoxicated complainants tend to be held more responsible. This study examined the extent to which the means by which the complainants' intoxication was secured would influence this process.1 Mock jurors, having been exposed to a trial reconstruction in which intoxicated sexual consent was at issue, deliberated towards a unanimous, or failing that, majority verdict on whether rape had occurred. Across the trial scenarios, the only variables related to the type of intoxicant ingested and the means of its administration. In a context in which the Sexual Offences Act 2003 purports to restrict reliance in the jury room on questionable stereotypes about socio-sexual behaviour, this article considers the extent to which participants' views about responsibility for intoxication shaped their conclusions on the occurrence of, and liability for, rape. It also examines the ways in which the social acceptability of some intoxicants (alcohol) and the social unacceptability of others (Rohypnol) supported the construction of `drug-assisted rape' as distinguishable from more mundane instances of intoxicated sex.

Drug Treatment and Testing Orders (DTTOs) were introduced in the 1998 Crime and Disorder Bill and were piloted in three areas in England over the subsequent 18 months. The orders, funded by the Home Office, allow drug using offenders to be coerced into attending for treatment, to have regular urine tests and to be reviewed by the courts. In Croydon an equal partnership was set up between probation, a local statutory provider of drug services and a voluntary sector agency. Treatment plans were individualised and included a variety of treatment options. Forty-eight orders were imposed mainly for persistent shoplifting. Sixty-three percent of individuals had used heroin and 54% crack cocaine in the 30 days before the order was imposed. Ethical issues raised in coerced treatment were important for the individuals providing treatment although the clients all had to consent to treatment. The pilot programme raised issues about the nature of treatment, clinical responsibility, the selection of clients for orders and the objectives of treatment. Frequent urine testing was problematic but in the vast majority of cases clients were not breached just because of positive tests. The provision of DTTOs in an area created unacceptable inequalities in access to treatment. The paper concludes that partnership working and clear objectives are vital for treatment programmes to operate effectively. More research is needed to explore the most optimum way to deliver treatment in the context of a DTTO.

IntroductionMaternal mental health problems and substance misuse are key risk factors for child neglect or abuse and court-mandated placement into care. Linkage between mental health records and family court data could raise awareness about parent mental health needs and inform approaches to address them.
ObjectivesTo evaluate data linkage between administrative family court data and electronic mental health records for a population-based mental health service for 1.3 million people in South London.
MethodsWe deterministically linked administrative family court data for women (n=5463) involved in care proceedings in South London with service user records from the South London and Maudsley NHS Mental Health Trust (SLaM). We restricted the cohort to women involved in proceedings between 2007 and 2019, in local authorities where SLaM solely provides secondary/tertiary mental health services and the Improving Access to Psychological Therapies (IAPT) (n=3226). We analysed the associations between match status and sociodemographic/case characteristics using multivariable logistic regression.
ResultsTwo-thirds (2317/3226; 66%) of women linked to a SLaM service user record at some point; most (91%) who linked accessed secondary/tertiary mental health services, indicating serious mental illness. Accounting for possible missed matches, we estimated that 70-83% of women accessed SLaM services at some point. Older women at index proceedings (>35yrs OR: 0.69, 95%CI: 0.54-0.88vs<25yrs) and Black women or women from other ethnic groups (Black ethnic groups 0.65, 0.50-0.83; other ethnicity 0.59, 0.43-0.81 vs White ethnic groups) had lower odds of linking. Odds of linking were higher for women with an infant in proceedings (1.42, 1.18-1.71), or with curtailed/terminated parental responsibility (1.44, 1.20-1.73).
ConclusionsOur linkage supports growing evidence of a high burden of mental health problems and substance misuse among women whose children enter care in England, compared to the general population. Research using this linkage should inform strategies to address the considerable mental health needs of vulnerable women and their children.

Abstract
Gambling harms are disproportionately experienced among disadvantaged groups and as such, adult social care (ASC) practitioners are well-placed to identify and support affected individuals. There exists no evidence-based 'introductory' question for practitioners to identify those at risk of gambling harms, which includes family and friends ('affected others'). To develop an 'introductory' question for use in English ASC, we conducted a scoping review that identified fifteen potential questions. Questions were refined through expert panel review groups (n = 13), cognitive interviewing (n = 18), test–retest reliability checks (n = 20) and validity testing (n = 2,100) against gold-standard measures of problem gambling behaviour. The question development process produced two questions suitable for testing in local authority (LA) ASC departments. These were (i) 'Do you feel you are affected by any gambling, either your own or someone else's?' and (ii) 'If you or someone close to you gambles, do you feel it is causing you any worries?' Each had good face validity, strong test–retest reliability, correlated highly with well-being measures and performed reasonably against validated measures of problem gambling. These two questions are currently being piloted by ASC practitioners in three English LAs to assess their feasibility for adoption in practice.