CRIMINAL LAW

Catholic Bishops' Conference calls for prison & sentencing reform to support victims and reduce prison population - 2020, 184, 58
Catholic support for victims of crime & reform to increase non-custodial sentencing - 2020, 184, 58
children giving evidence, provisions for in Criminal Justice Act 1991 - 1992, 112/113, 4
Church of England legal procedures alongside UK law with reference to seal of confession; uncertainty whether canon (of secrecy) yields to Statute that requires giving evidence in court (especially in child abuse cases) - 2022, 189, 126
civil liberty panel's recommendations on criminal justice (1993) - 1993, 118/119, 126
Colston statue toppling, Attorney General wanted clarification on criminal damage during a protest; ECHR does not sanction damage /case can be withdrawn from jury if not reasonable (case) - 2023, 190, 88
confessional and relations of confidence - 1977, 54/55, 103
conjoined twins case: can they lawfully be separated when one must be killed? - 2001, 146, 38
conjoined twins case: the defence of necessity - 2001, 147, 89
consent by the victim as a defence for violence - 1994, 120/121, 41
Covid 19: CPS review into prosecutions; police confusion between law and guidance - 2021, 187, 96
Criminal Justice Act 1991, background to & analysis of - 1992, 114/115, 95
criminal justice system, a personal view of the - 2006, 157, 4
defence of property, development of law concerning - 2001, 147, 122
Devlin Committee recommendations on use of identification evidence - 1997, 134/135, 42
doli incapax, rebuttable presumption - 1990, 106/107, 14
duress not a defence to road traffic violations - 1988, 96/97, 53
English criminal law, a Christian view of - 2013, 170, 19
European Convention on Human Rights, major defects in observance within EU - 2001, 147, 114
European Court of Human Rights: criminal cases insisting on fair procedure - 2001, 146, 5
exorcism, consent to violence during, UK will not consider this as defence, N.Z. will, USA assumes consent if Church member - 2018, 180, 51
extradition proceedings against Pinochet - 1999, 142/143, 87
foetus, whether threat to kill a threat to a 'third' person - 1989, 102/103, 82
foetus subjected to violence, legal status of - 1998, 136/137, 68
God's command not a lawful excuse for criminal damage - 1993, 116/117, 56
hate crime and worries of worries about free speech and religious liberty - 2020, 185, 107
Hindley, Myra: the appropriate tariff for her crimes - 2000, 144, 67
householders confronting burglars, importance of legal clarity - 2001, 147, 122
identification evidence, major shortcomings of - 1997, 134/135, 42
insanity - 1990, 106/107, 63
Jehovah's witness fined for not answering questions at criminal trial due to confidentiality; judge should have explained he could take legal advice so contempt finding quashed (case) - 2020, 184, 115
justice: retribution or reconciliation (in Christian thought) - 2005, 155, 103
local authority offer to informally 'slide' body into new burial plot is against Ecclesiastical law and also criminal if remains 'removed' (case) - 2017, 178, 146
Louise Woodward: prejudicial assumptions made before court case - 1997, 134/135, 51
Luther & Melanchthon on the 3 uses of the law: civil, theological & educational; criminal law extended to religious offences - 2017, 178, 6
man acquitted of religiously motivated forced entry and intended damage to plane, as argued it was going to Saudi Arabia to destroy property (case) - 2018, 180, 130
media coverage forms public opinion that sentencing is too lenient; better information needed (church could play a role) - 2020, 184, 58
mental health conditions and offending: Catholic calls for psychiatric alternatives to prison - 2020, 184, 58
miscarriages of justice, cases in Europe - 2001, 147, 114
offensive online videos, prosecution for linking to these upheld as breaching Communications Act 2003 (case) - 2020, 184, 94
Police, Crime, Sentencing and Courts Bill; Christian criticism of restrictions on protesting - 2021, 187, 160
preachers at shopping centre used offensive language towards other religions & fined; quashed on appeal - freedom of speech (case) - 2017, 179, 246
rape, between husband and wife - 1991, 108/109, 2
retroactive effects of legislation - 1975, 48/49, 99
role of, in control of private consensual behaviour - 1994, 120/121, 41
sentencing, a new framework for, in the Criminal Justice Act 1991 - 1992, 112/113, 4
sentencing, compulsion as a mitigating factor in - 1982, 72/73, 10
sentencing, what are 'just deserts' in - 1992, 114/115, 95
Sikh refused court entry with kirpan knife of over six inches, rights not compromised due to security concerns and smaller knife being allowed (case) - 2023, 191, 191
sovereign immunity, the limits of - Pinochet case - 1999, 142/143, 87
spousal witnesses, whether compellable - 1978, 58/59, 131
theory behind English criminal law & presumption of good character - 2003, 150, 10
Tony Martin - Biblical reflections on whether his actions were justified - 2001, 147, 122
'unfairness', allegations of, used to try to stop a prosecution - 1994, 120/121, 51
Waddington proviso - allowing criticism of sexual partners without breaking law - 2010, 165, 194
unlawful arrest & extradition: effect on any court case - 1994, 120/121, 47
Vagrancy Act consultation on replacing offences and prioritising support - 2022, 188, 68
vicarious liability established in case of Jehovah's Witness raped by ministerial servant (case) - 2020, 184, 93
vicarious liability of Jehovah's Witnesses for a rape committed by an elder, upheld (case) - 2021, 186, 61
vicarious liability: Morrisons not held liable on appeal for employee who published staff personal data (case); may influence findings in church abuse cases - 2020, 184, 120
witchcraft: how law & practice have developed from crime to acceptance - 2011, 167, 54
worship, Law Commission review relating to places of - 1981, 70/71, 109
blasphemy
abolition of blasphemy - 2008, 161, 88
blasphemy: a public order offence or offence against God/religion - 2003, 150, 37
blasphemy law only protects Christian religion - 2000, 145, 6
can blasphemy law be justified? - 2000, 145, 6
Declaration on Religious Freedom - 1981, 70/71, 109
Gay News case - 1979, 60/61, 8
influence of religion on development of law on - 1990, 104/105, 5
intent, whether a necessary ingredient - 1979, 60/61, 20
Law Commission review of - 1981, 70/71, 109
law on religious hatred - is it a good idea? - 2003, 150, 37
new criminal law on religion requires hatred or public order disturbance rather than blasphemous offence to Christians - 2008, 161, 88
protection of religious truth, role of offence - 1989, 102/103, 2
Rushdie affair - 1989, 102/103, 2
conspiracy
corruption of public morals - 1975, 48/49, 82
effecting a public mischief - 1975, 48/49, 94
to defraud -1975, 48/49, 94
juries
jury equity - 1992, 112/113, 2
practice direction, grounds for being excused - 1973, 38, 2
selection and challenges - 1972, 35, 42
murder
analysis of current law - 2006, 156, 48
compulsion as a defence - 1982, 72/73, 10
death, criteria determining when a person is considered dead - 1976, 50, 10
duress - 1982, 74/75, 138
duress, coercion and entrapment - Law Commission reform proposals - 1979, 62/63, 80
duress, no defence to a principal of the first degree - 1978, 58/59, 126
duress, whether defence available to a principal in the second degree - 1975, 48/49, 86
mens rea and the Criminal Justice Act -1974, 43, 79
mercy killing: possible changes to the law of murder - 2006, 156, 48
self-defence, not available for honest but unreasonable belief of facts - 1988, 98/99, 100
unlawful act leading to death by shock - 1990, 104/105, 47
necessity
assisted suicide, common law defence of necessity & of Strasbourg jurisprudence, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
extent of defence - 1973, 38, 5
proposals for general principles for the defence - 1989, 102/103, 2
road traffic offences, whether defence available - 1989, 102/103, 85
obscenity
definitions of - 1970, 27, 88
growth of sex-shop trade and licensing practices - 1988, 96/97, 41
indecent displays, control of - 1982, 72/73, 24
rationales for the offence, changing nature - 1980, 66/67, 64
Roth Rule, the -1970, 27, 88
the "Oz" case - 1972, 35, 79
Williams Committee report and rationale for an offence of - 1980, 66/67, 64
penology
capital crimes in England & the Old Testament's influence - 2001, 147, 140
capital punishment, morality of - 2006, 156, 3
capital punishment, philosophical basis for - 1974, 45, 154
capital punishment and lex talionis - 1984, 80/81, 25
crime, guilt & punishment in the Old Testament - 2001, 147, 140
death penalty and a theory of punishment - 2006, 156, 37
penology, Christian theories of, through history - 2005, 155, 103
positivist - 1984, 80/81, 7
should Christians seek to replace retribution with reconciliation? - 2005, 155, 103
South African attempts at reconciliation, not vengence, after apartheid - 2005, 155, 103
Spanish and German theory and abortion - 1990, 104/105, 55
theories of punishment through history: classical, philosophical and Christian thought - 2005, 155, 103
whole life tariffs (Hindley case), Lordships defend - 2000, 144, 67
silence
not amounting to acknowledgement of truth of allegation - 1971, 33, 147
the right to, and anomalies in taxation statutes -1974, 45, 174
suicide
assisted suicide: Bland, Dianne Pretty & Re:B (consent to treatment) - 2003, 150, 51
assisted suicide, Christian theology & the law - 2003, 150, 51
assisted suicide, common law defence of necessity & of Strasbourg jurisprudence, court argues blanket ban is not disproportionate (case) - 2013, 171, 116
assisted suicide, DPP should provide clarity on likelihood of prosecution (case) - 2013, 171, 116
assisted suicide: 'locked in' patient argues GMC guidance too restrictive; case dismissed as law there to protect vulnerable patients (case) - 2015, 175, 286
assisted suicide, locked-in syndrome patients wanting clarification of law, failed as parliament must change law, not courts (case) - 2012, 169, 285; ban within UK parliament's margin of appreciation & DPP right to look at cases individually (SC) - 2014, 173, 232
assisted suicide: Purdy case, where DPP required to publish guidance about when they will prosecute (cases) - 2009, 162, 94 (not required); 2009, 163, 194 (required)
at common law and changes introduced by Suicide Act 1961 - 1981, 68/69, 2
Catholic Church, its teaching on - 1968, 19, 52
proof beyond reasonable doubt required for coroner's verdict - 1971, 30, 33
self-sacrifice for a greater cause than life - 1968, 19, 52
suicide & euthanasia, the Catholic position on - 2003, 150, 51
Sundays
Lord's Day Observance Act 1677, repeal of - 1972, 34, 2
Shops Act 1950, aims and scope of the section 47 prohibition - 1991, 110/111, 44
Shops Act 1950 and trading provisions - 1989, 100/101, 72
trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
Australia
Beth Din (named as dispute court in contract between companies) charged with contempt for threatening religious sanction for not submitting to their judgment (case) - 2019, 183, 219
Azerbajan
convictions & imprisionment for publishing article critical of Islam; Article 10 breached as State didn't balance rights properly (ECHR) - 2020, 184, 119
Germany
German reformation took time to draw lines between whether sin punished by church, state or both - 2017, 178, 6
holocaust denial, conviction of former Catholic Bishop for this upheld (ECHR) - 2019, 182, 102
holocaust denying speech in regional parliament; subsequent criminal conviction upheld (ECHR) - 2020, 184, 113
Protestant Reformation: criminal law must not use torture, must differentiate punishments (as the church courts did) & rehabilitate - 2017, 178, 6
Greece
defendants/witnesses cannot be required to reveal religious beliefs in order to take declaration rather than oath - 2010, 165, 216
requirement to disclose atheism to avoid religious oath again ruled as violating article 9 (ECHR) - 2015, 174, 135
Northern Ireland
pastor's sermon against Islam transmitted on internet was offensive, not criminal (NI case) - 2016, 176, 83
Scotland
assisted suicide prosecution guidelines alleged unclear; Scottish law deemed different to Purdy case, petition rejected (case) - 2015, 175, 293; law clear as stands (reclaiming motion refused) - 2016, 176, 101
'nobile officium', use of, to fill lacunae - 2008, 160, 13
spouses/civil partners now compellable witnesses - 2010, 165, 194
Turkey
conscientious objectors on military service, unfair to treat as servicemen under normal military discipline (ECHR) - 2012, 169, 289
United States of America
brain-death, cases and statutes - 1986, 90/91, 84
cameras in court affecting the fair outcome of criminal trials - 1994, 122/123, 111
capital punishment in the USA - 2006, 156, 24
criminal penalties, American theory behind - 1992, 114/115, 95
death, new judicial and statutory definitions - 1986, 90/91, 89
executive clemency, modern and biblical - 1992, 114/115, 109
obscenity; definitions of, and the Roth Rule - 1970, 27, 88
Sawyer brothers case (1973)- incorrect ID causes miscarriage of justice - 1997, 134/135, 42
Vanzetti / Sacco case (1921) - problems with ID evidence - 1997, 134/135, 42

Published by:

The Edmund Plowden Trust