The Plymouth Law & Criminal Justice Review
https://pearl.plymouth.ac.uk/handle/10026.1/8762
The Plymouth Law & Criminal Justice Review of Plymouth Law School (from 2008 - present)2024-03-28T23:56:00ZA Supreme Matter of Conscience: Lady Hale's Engagement with Article 9 ECHR
https://pearl.plymouth.ac.uk/handle/10026.1/14483
A Supreme Matter of Conscience: Lady Hale's Engagement with Article 9 ECHR
Gould, JP
2019-01-01T00:00:00ZAre Corporations Free to Kill? Rethinking the Law on Corporate Manslaughter to Better Reflect the Artificial Legal Existence of Corporations
https://pearl.plymouth.ac.uk/handle/10026.1/14352
Are Corporations Free to Kill? Rethinking the Law on Corporate Manslaughter to Better Reflect the Artificial Legal Existence of Corporations
Hooper, Lucy
This year, 2018, marks the 10 year anniversary of the implementation of the Corporate Manslaughter and Corporate Homicide Act 2007. It is, therefore, an appropriate time to review its effectiveness and consider whether the Act has achieved what it set out to. Its introduction was a parliamentary attempt to address the key defects’2 under the previous identification doctrine, where a company’s liability was dependant on gross negligent manslaughter being sought in the relevant directing mind and will. This article will highlight the inadequacies of the former regime and review to what extent the 2007 Act has resolved them. Importantly, it references the recent Grenfell Tower disaster, which, if corporate manslaughter charges are pursued, will be the Act’s biggest and most public challenge to date.
2019-01-01T00:00:00ZAlternatives to the Common Fisheries Policy? The Future of the UK's Fisheries Post-Brexit
https://pearl.plymouth.ac.uk/handle/10026.1/14351
Alternatives to the Common Fisheries Policy? The Future of the UK's Fisheries Post-Brexit
Cass, George
The Common Fisheries Policy (CFP) of the European Union has faced problems relating to sustainability since its conception. Subsequent reforms have offered some limited means of mitigating these problems yet ultimately they have not been adequately addressed and continue to cause critical damage to the European fisheries. Sound scientific advice has been continuously ignored resulting in catches in excess of the Total Allowable Catch (TAC), further compounding depleted stocks and reducing the chances of recovery. Despite the latest reform in 2013, European fisheries remain in a perilous condition. Brexit creates an opportunity for the UK to develop its own fisheries legal framework. A tailor-made system of management specific to the UK waters is an enticing prospect for the UK fishing industry. However, the CFP will remain in operation for the remaining Member States after the UK has left the Union, therefore the UK is likely to encounter substantial difficulty in developing its own personalised fisheries management system, such is the entrenched nature of the CFP and other relevant international law.
2019-01-01T00:00:00ZBrexit... A Lifetime of Purgatory for the UK’s Environmental Laws - Or is there a Stairway to Heaven?
https://pearl.plymouth.ac.uk/handle/10026.1/14350
Brexit... A Lifetime of Purgatory for the UK’s Environmental Laws - Or is there a Stairway to Heaven?
Connor, Philip
This paper considers the prospect that the United Kingdom’s decision to withdraw from the European Union may have a detrimental effect on its environmental protections. Brexit may provide the opportunity to pursue a more environmentally focused agenda, but it is argued that the UK’s plan to transpose EU legislation underestimates the complexity of the task and that the UK lacks the resources to replicate the system it currently enjoys. On this basis it is thought that a reordering of environmental law is more likely than a radical re writing of it.
2019-01-01T00:00:00Z