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Chapter

Cover Essential Cases: Criminal Law

R v Bowen [1996] EWCA Crim 1792, Court of Appeal  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Bowen [1996] EWCA Crim 1792, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover The Oxford Handbook of Criminology

9. Mental health, mental disabilities, and crime  

Ailbhe O’Loughlin and Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation, and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover The Oxford Handbook of Criminology

28. Mental health, mental disabilities, and crime  

Jill Peay

What is the nature of the relationship between mental disability and crime? This chapter examines its nature, scope, direction, and implications for the study of criminology. Its early sections critically assess issues of definition, causation and of the success of treatment interventions. Its latter part reviews developments in policy and the emerging blurring of risk-oriented and therapeutic objectives. It concludes by urging a more sophisticated and less discriminatory approach to the field, which does not focus on diagnoses but rather on a holistic understanding of the relationship between people and crime.

Chapter

Cover Mental Health Law: Policy and Practice

8. Mental Disorder and Criminal Justice  

This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

31. Offences against public order (additional chapter)  

David Ormerod and Karl Laird

The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.

Chapter

Cover Criminal Law

7. Sexual Offences  

This chapter considers the offences of rape and sexual assault. It begins with a discussion of the law on sexual offences, covering the perpetrators and victims of rape; assault by penetration; causing sexual activity without consent; sexual offences designed to protect children; offences against those with a mental disorder; prostitution and trafficking; and incest. The second part of the chapter focuses on the theory of sexual offences and sexual crimes; statistics on rape; the nature of rape; consent and sexual activity; the mens rea for rape; and the actus reus of rape.

Chapter

Cover Sentencing and Punishment

6. Instead of punishment?  

Restorative justice, child welfare, and medical treatment

This chapter looks at three very different aspects of sentencing and punishment where there are alternatives to a focus on proportional sentencing and punishment. We discuss two sets of offenders where the court does not have to sentence strictly in line with just deserts. So we focus on children and young people under 18 years of age and examine the policies developed over the past century which have taken into account the welfare of the child, such that diversion from prosecution has been justified and strict proportionality of penal response can be modified. We also focus on those offenders who are deemed to be mentally disordered and review those options available to the sentencing court which focus on treatment rather than punishment. However the chapter begins by looking at an alternative rationale and approach for responding to those who commit offences—restorative justice—and reviewing policy and practice developments. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.

Chapter

Cover Medical Law and Ethics

6. Mental Health Law  

This chapter first considers statistics on mental health in the UK. It then discusses the Mental Health Act (MHA) 1983; the MHA 1983 Code of Practice; reforms to the law under the 2007 Act; problems in mental health practice; critics of mental health; and paternalism as the ground for detention. It highlights the difficulty in striking the correct balance between protecting the public from the perceived threat of mentally disordered people and protecting the rights of those who suffer mental illness. The chapter also illustrates how the principle of autonomy, which plays such an important role in medical law and ethics, is given much less prominence in the area of mental health law.

Chapter

Cover Mason and McCall Smith's Law and Medical Ethics

17. Withholding and Withdrawing Medical Treatment from Adults  

A. M. Farrell and E. S. Dove

There are circumstances in which both law and ethics are engaged towards the end of an adult’s life. Among them are the conditions in which further medical treatment would be futile. Such treatment includes life-sustaining treatment provided by a ventilator, often necessitated following a traumatic brain injury which has placed them in a ‘prolonged disorder of consciousness’ from which there is no chance of recovery. Here an advance directive may not have been made, and it falls to the court to determine whether it is in the patient’s best interests to withdraw treatment. In this chapter, we consider the medical circumstances which may lead to that judicial consideration, along with the criteria on which courts will reach a decision on the legality of treatment withdrawal. We conclude that where there is disagreement with the insensate patient’s family members, treatment may be withdrawn where it is in that patient’s judicially assessed ‘best interests’, as long as there has been compliance with mental capacity legislation. In such circumstances, however, we also argue that treatment withdrawal is indistinguishable from euthanasia.

Book

Cover Criminology

Edited by Chris Hale, Keith Hayward, Azrini Wahidin, and Emma Wincup

Criminology is an ideal textbook for undergraduate students approaching the subject for the first time. It offers a comprehensive overview of key criminological issues from specialists in the field, enabling students to gain a full and rounded understanding of the subject. The book examines a wide range of topics, including historical and contemporary understandings of crime and criminal justice; different forms of crime—from street crime to state crime; who commits crime and who the victims of crime are; and how society and state agencies respond to crime and disorder. The contributions offer clear, accessible introductions to the main topics and issues of criminology. The book includes questions, summaries, further reading guidance, useful web links, and tables and diagrams throughout, which help students to understand the more challenging issues and engage with the key debates. The third edition includes contributions from six new authors from the universities of Kent, Durham, Southampton, Cardiff, and Northumbria. They include a chapter on the emergence, scope, and regulation of cybercrime; and on ‘crime, culture, and everyday life’, an area of growing importance. The book is accompanied by an extensive Online Resource Centre that can be used by lecturers and students alike.

Chapter

Cover Criminology

14. Intelligence, mental disorder and crime  

This chapter presents the concept of mental disorder, in contrast to the possible physiological influences in criminal behaviour. The idea behind the concept is that the underlying causes are not physical in nature, but are due to the workings of the ‘mind’. The chapter begins with a consideration of whether differences in individuals’ cognitive capacity—or, as it is usually called, intelligence—can have any bearing on the likelihood of their acting in an antisocial manner. It also discusses the definition of ‘learning disability’, a legal classification defined as a state of arrested or incomplete development of the mind, which includes significant impairment of intelligence and social functioning.

Book

Cover Understanding Deviance
Understanding Deviance provides a comprehensive guide to the current state of criminological theory. It outlines the principal theories of crime, deviance, and rule-breaking, discussing them chronologically, and placing them in their European and North American contexts considering major criticisms that have been voiced against them, and constructing defences where appropriate. The volume has been revised and brought up-to-date to include new issues of crime, deviance, disorder, criminal justice, and social control in the early twenty-first century. It considers new trends in criminological theory such as cultural criminology and public criminology, further discussion of how post-modernism and the ‘risk society’ is reformulating crime and deviance, and an assessment of how different approaches address the fall in crime rates across most democratic and developed societies. There is also a new chapter on victimology.

Chapter

Cover Mental Health Law: Policy and Practice

1. Conceptualising Mental Health Law  

This chapter begins with brief descriptions of the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA), and then discusses who the insane; the complex relationship between mental illness and medicine; the statutory definition of mental disorder and the scope of the MHA; mental health care; and sources of mental health law.

Chapter

Cover Mental Health Law: Policy and Practice

7. Policing Mental Disorder  

This chapter examines the role of the police, both as agents of the criminal justice system and as agents of the mental health system. It discusses the policy of diversion; police encounters with mentally disordered persons; the diversion of mentally disordered criminal suspects into an investigative regime with greater safeguards than are ordinarily implemented; and the meaning of ‘absent without leave’.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

16. Non-fatal offences against the person  

David Ormerod and Karl Laird

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment and possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997. It also considers coercive control as well as racially or religiously aggravated versions of the relevant offences.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

17. Sexual offences  

David Ormerod and Karl Laird

The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

23. Mental conditions  

This chapter considers the ways in which the criminal law treats people suffering from mental disorders. The following controversies are examined: when an individual can be regarded as mentally incapable of being tried; the relationship between insane and sane automatism; the extent to which the insanity defence reflects modern psychiatric practice; whether the lack of direct correlation between the medical and legal definitions of ‘insanity’ infringes the European Convention on Human Rights (ECHR); and how the insanity defence ought to be reformed.

Chapter

Cover Medical Law Concentrate

8. Mental health  

This chapter focuses on statutory provisions governing mental health and mental health disorders, with particular reference to the Mental Health Act 1983 and the Mental Capacity Act 2005. It first outlines modern approaches to mental disorders, including legal reforms and the MHA 1983 Code of Practice (2015). It considers the main routes by which patients are admitted to the mental health system (voluntary or involuntary), deprivation of liberty, including Cheshire West and the proposed liberty protection safeguards, and the issue of consent with regards to medical treatment. Finally, the chapter discusses community care that must be provided to people with mental health disorders following discharge from hospital, particularly aftercare and supervised community treatment orders. Relevant cases are considered.

Chapter

Cover Sentencing and Punishment

5. Risk and danger  

This chapter reviews the current policy focus on the ‘dangerous’ offender and the aim of protecting the public from the risk posed by an offender’s reoffending. It discusses developments in relation to a ‘culture of control’ and examines the utilitarian justifications for the incapacitation of offenders, or groups of offenders, believed to be dangerous. The chapter focuses on incapacitation, which is another utilitarian tool, but one that uses the removal of an offender from public life. It also examines the changes in sentencing law, focusing on new indeterminate sentences and the extended sentence, as well as the provisions for control of dangerous prisoners through early release procedures and through preventive orders. It also considers the dangerous mentally disordered offender.

Chapter

Cover Sentencing and Punishment

6. Instead of punishment?  

Restorative justice, child welfare, and medical treatment

This chapter looks at three aspects of sentencing and punishment which—though very different—potentially offer alternatives to a focus on punishment. It first discusses an alternative rationale and approach for responding to those who commit offences, restorative justice and then discusses two sets of offenders where the court does not have to sentence strictly in line with just deserts. So it focuses on children and young people under 18 years of age and examines the policies developed to take into account the welfare of the child, such as diversion from prosecution and a modified approach to strict proportionality of penal responses. Next the chapter focuses on those offenders who are deemed to be mentally disordered and reviews those options available to the sentencing court which focus on treatment rather than punishment. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.