7 results on '"Duff, Peter"'
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2. Criminal injuries compensation : the British experience
- Author
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Duff, Peter
- Subjects
340 ,Law - Abstract
The purpose of this thesis is to trace and explain the history and development of the Criminal Injuries Compensation Scheme from its creation in 1964 as a purely administrative arrangement up until, and including, its transition into a statutory creature under the Criminal Justice Act 1988. It is argued that the Scheme is best understood as performing a symbolic function; its purpose is to make a social statement about the victim of violent crime. This thesis is borne out by an examination of the creation and evolution of the Scheme. All aspects of the Scheme are discussed in detail: the procedures through which an award of compensation is made; the way in which the amount of an award is calculated; the scope of the Scheme; and the methods used to ensure that only those who deserve compensation receive awards. As regards each of these major elements of compensation, an account is provided of 1) the process through which the original format of the Scheme came into being, 2) the problems which particular formulations of the rules have caused, 3) the way in which the provisions of the Scheme have evolved to meet these difficulties and 4) the drafting of the new statutory rules. The research was carried out primarily by extensive analysis of official publications and discourse: Parliamentary debates; Command Papers and other such publications; the annual Reports of the Criminal Injuries Compensation Board; and legal cases.
- Published
- 1989
3. Reconciling the regulation of DNA collection and retention for use in criminal investigation in the Kuwaiti legal system, with the right to privacy, presumption of innocence and the privilege against self-incrimination
- Author
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Alsairafi, Asmaa and Duff, Peter
- Subjects
345.5367 ,DNA fingerprinting ,Criminal investigation - Published
- 2020
4. Women in prisons for drug-related offences : challenge of non-custodial measures and putting the 'Bangkok Rules' into practice in order to solve prison overcrowding in Thailand
- Author
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Mekara, Nutthanuch, Duff, Peter, and Cairns, Ilona
- Subjects
Women prisoners ,Prisons ,Narcotic laws - Abstract
This study argues that the overcrowding in Thai women's prisons can be attributed to two factors. The first is the Thai drug laws, which contain reverse presumptions and severe punishment. The second is the manner in which the Thai criminal justice system applies these laws without considering that women offenders typically play a less significant role in drug crime. This study argues that the overcrowding in women's prisons crisis must be addressed urgently because the number of women in prison is too high and, moreover, their specific needs are fundamentally different from those of their male counterparts. To suggest changes, this study uses a doctrinal methodology and a comparative legal methodology to analyse the solutions that various systems offer for a given legal problem. A functional method is supported by the assumption that rules and concepts may differ, but that most legal systems will eventually solve legal problems in a similar way. This study compares judicial decisions in various jurisdictions that have cases similar to those of Thailand to ascertain the ways in which legal problems are solved in practice. In addition, it examines drug law reforms and approaches in other jurisdictions to identify best practices in addressing prison overcrowding. This study suggests that first, to prevent women from being sent to prison, the provisions under the Thai drug laws need to be amended. The principle of culpability that encourages more proportionate sentences should be adapted to the provisions small drug possession, including minor drug offenders playing a lesser role. Second, presentence investigation should be mandatorily applied to minor drug-related cases so that when deciding on cases, the judiciary can acquire information related to the defendant's background. Third, so-called sentencing guidelines should be established and unreservedly disclosed to the public. Lastly, the 'Bangkok Rules', will need to be implemented pragmatically.
- Published
- 2020
5. Prisoners' voting rights in the Omani legal system : a critical and analytical study of the relevant provisions of Omani legislation
- Author
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Al'azri, Juma'a Musallam, Green, Heather, and Duff, Peter
- Subjects
340 ,Prisoners ,Election law ,Suffrage - Abstract
In the recent decades, several penal and electoral legislation have implemented different approaches to restrict the right of prisoners to stand for election as voters in the Omani legal system. This controversial policy has affected all Omani prison population even those who are not convicted of committing any crime yet (such as remanded prisoners and awaiting trial) as well as civil prisoners. This thesis argues that the right to vote of prisoners has been seriously violated by the recent Omani disenfranchisement laws. This research argues that, the existing disenfranchisement provisions in Oman asserts the treatment of prisoners as least popular people who not worthy of being treated as citizens qualified for voting rights. This treatment plays a kay role in neglecting the interests and other rights of prisoners by the parliament. It also challenges the reintegration of ex-prisoners into society. Furthermore, prisoners' disenfranchisement Acts in Oman contradict the constitutional right of citizenship. They also violate many other constitutional rights and principles, most importantly the principle of legality (no crime and no punishment without law), the right to be presumed innocent and the right to a public and fair trial. Moreover, disallowing prisoners the right to vote has posed many unavoidable legal challenges to the Omani legal system. This research addresses the question whether the Omani laws, particularly the Penal Acts and Electoral Acts, respect the right to vote of prisoners. Moreover, it considers whether the right to vote of Omani people generally and of prisoners particularly is constitutionally protected. Furthermore, it discusses the extent to which the neglect of the issue of prisoners' voting rights has led to discrepancies between different forms of Omani legislation and violations of many protected constitutional rights and principles. This approach has been provided to analyze how the two different legal policies (electoral and penal) in Oman assess and judge basic issues pertaining to this study with respect to voting rights of prisoners. This research found that there is an essential need for the Omani legislature to reform the legislation with regard to prisoners' voting rights. The right of Omani people to vote must be explicitly guaranteed by the Oman Constitution or, at least, a high rank of legislation (law, rather than a ministerial decree) in the Omani legal order. Oman is urged to ratify international and regional agreements, which protect the right to vote. Omani voters generally must be allowed the right to appeal before the judiciary against the violation of their voting rights. The existing restrictions on prisoners' voting rights could be amended and limited to those who are convicted for committing electoral crimes whether sentenced to imprisonment or other sentences.
- Published
- 2019
6. Promoting the use of the special investigative techniques of Article 20 of the UNTOC to combat organised crimes in Thailand
- Author
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Tianprasit, Tanatthep, Duff, Peter, and Auchie, Derek P.
- Subjects
340 ,Organized crime ,Organized crime investigation - Abstract
For many years, organised crime has been considered a serious threat to the world, as it affects not only national security but also economic well-being. Moreover, it is also the cause of many serious crimes. Given its nature, it is difficult for law enforcement officials to investigate and obtain evidence which can lead to the prosecution of high-ranking members of organised crime groups. For this reason, in 2000, the United Nations Convention against Transnational Organised Crime (UNTOC) was introduced. Under this convention, many measures were provided to fight these serious crimes. The use of special investigative techniques, such as controlled delivery, electronic surveillance and undercover operations, has been recognised in Article 20 of the UNTOC. Therefore, members of the UNTOC, including Thailand, have to incorporate these special investigative techniques into domestic law. However, due to the different interpretations of the convention in each country, the effectiveness of the use of these special investigative techniques may vary. Furthermore, the use of these special investigative techniques may have an inevitable effect on human rights. Notably, this thesis reflects the law at April 2018. After the comparative study of the use of special investigative techniques between England and Wales and Thailand, it could be seen that the former has a better legislative approach than Thailand. In the case of special organisations to combat serious crimes, the National Crime Agency (NCA) of the UK has a higher budget, more staff and better transparency than the Department of Special Investigation (DSI) of Thailand. Moreover, in England and Wales, at the national and regional levels, the Human Rights Act 1998 and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) provide double protection against the misuse of the special investigative techniques which are operated by law enforcement officials. On the contrary, in Thailand, although human rights are recognised in both the Constitution and Criminal Procedure Code, the Supreme Court is not greatly concerned about these rights, nor about the unlawful investigative proceedings. At the regional level, the ASEAN Human Rights Declaration (AHRD) cannot be compared to the ECHR, because it does not have supranational institutions like the European Court of Human Rights (ECtHR) of the ECHR to protect the rights of the people of ASEAN. Last, but not least, in practice the patronage system and corruption are also considered to be the main problems in the investigation bureaux of the country and may affect the use of special investigative techniques.
- Published
- 2018
7. Evaporite-bearing sequences in the Zechstein and Salina Basins, with a discussion on the origin of their cyclic features
- Author
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Szatmari, Peter, Stewart, Frederick Henry, and Duff, Peter McLaren Donald
- Subjects
552 ,Geology ,Zeechstein basin ,Periodicity ,Evaporites ,Appalachian basin - Abstract
Factors controlling cyclic sedimentation are discussed in a parallel study of two evaporite-bearing sequence, the Zechstein of Germany and the Silurian Salina Group of the Appalachian Basin. The Zechstein sequence was deposited in a basin that had received the debris swept in from the Variscan orogenic zone. The deposition of the evaporite-bearing sequence took place during a period of tectonic calm, preceded and succeeded by mild late Variscan movements. The sequence is divided into four major cycles by shale horizons accompanied and basinwards partially replaced by dolomites and anhydrites. Halite is the dominant sediment, it contains beds of anhydrite and potash salts, less commonly of shale, forming with the halite sedimentary cycles of diverse magnitudes. The Salina Group has been deposited in a basin that had previously received debris from the Taconic orogenic zone. The last orogenic movements had virtually ceased before the deposition of evaporites commenced. The evaporite-bearing sequence is divided into three major cycles by shale suites related to alluvial, fans of debris swept in from the previous orogenic zone. The shale beds are accompanied by dolomite beds containing stromatolitic horizons. The salt contains shale and dolomite beds of diverse thicknesses, giving rise to cycles of varied magnitudes. With increasing distance from the orogenic zone, the thinner shale interbeds in the salt grade into anhydrite. In contrast to the Zechstein sequence, in the Salina Group thicker anhydrite beds are rare and no potash zones have been found. The anhydrite deficiency is attributed by the author to bacterial reduction of the CaSO₄. The H₂S thus formed is in part retained in the sediments, in part it deposited FeS₂ or re-oxidized. The lack of potassium salts indicates a less inhibited communication with the open sea, as also witnessed by repeated incursions of marine fauna. In both sequences, most sedimentary cycles are controlled by the periodic entrance of diluted waters into the basin. Rain water enters directly as well as in the form of terrestrial run-off from the adjacent mountains, introducing mud and foreign ions, diluting and changing the ion ratios of the brines. Sea water enters the basin continuously or periodically, the concentration increases caused by the concomitant inflow of dissolved salts are mitigated by the reflux of more concentrated brines. Abrupt dilution of the brines by sea water followed by slow evaporation produces cycles of progressive solubility in the sediments resembling experimental successions. The periodic entrance of rain and sea water can be controlled by several factors. Increases in rainfall, particularly in the detritus source area, may reflect morphologically or astronomically induced climatic changes; the morphologic factors may in turn be controlled by tectonism, erosion and sediment accumulation. The ingress of sea water can be caused by intermittent subsidence in the bar area, or by a rise of sea level induced tectonically, glacio-eustatically, or simply by a change in wind direction. A few models involving parallel control of terrestrial and marine inflow are presented at the end.
- Published
- 1972
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