Relevant bibliographies by topics / Subsequent offence

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers

Academic literature on the topic 'Subsequent offence'

Author: Grafiati
Published: 4 June 2021
Last updated: 8 June 2024

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Journal articles on the topic "Subsequent offence"

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Broadhurst, Roderic, Ross Maller, Max Maller, and Brigitte Bouhours. "The recidivism of homicide offenders in Western Australia." Australian & New Zealand Journal of Criminology 51, no. 3 (July 27, 2017): 395–411. http://dx.doi.org/10.1177/0004865817722393.

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Popular perceptions about the recidivism of homicide offenders are contradictory, varying from one extreme – that such offenders rarely commit further violent offences – to the opposite, where it is thought that they remain at a high risk of serious reoffending. The present study draws on the records of 1088 persons arrested in Western Australia over the period 1984–2005 for domestic murders and other types of homicides (robbery and sexual murder), including attempted murder, conspiracy to murder, manslaughter (unintentional homicide) and driving causing death. Our database provides up to 22 years follow-up time (for those arrested in 1984) and accounts critically for the first and any subsequent arrests, if they occur. Of the 1088 persons, only 3 were subsequently arrested and charged with a homicide offence event in the follow-up period. Among those arrested for a murder and subsequently released, we estimate a probability of 0.66 (accounting for censoring) of being rearrested for another offence of any type. The corresponding probabilities for those originally arrested for manslaughter or for driving causing death were equal, at 0.43. A dynamic analysis of the longitudinal data by survival analysis techniques is used to reliably estimate these probabilities. Having a prior record increased the risk of re-arrest; for example male non-Aboriginals arrested for murder with at least one prior arrest have an estimated probability of 0.72 of being rearrested for another offence of any type. Their estimated probability of being rearrested for another serious offence was 0.33. These findings should be of interest to courts and correctional agencies in assessing risk at various stages of the administration of criminal justice.
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Tymoshenko, I. V. "Functional Aspect of a Protocol on Administrative Offense as a Jurisdictional Act." Lex Russica 73, no. 3 (March 28, 2020): 45–54. http://dx.doi.org/10.17803/1729-5920.2020.160.3.045-054.

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In June 2019, the official website of the Government of the Russian Federation published the Concept of the New Code of Administrative Offences, the enactment of which is planned for 1 January 2021. This Concept indicates that the factors that reduce the effectiveness of the existing Administrative Code of the Russian Federation include, among other things, problems in law enforcement at the stages of initiation and consideration of cases of administrative offenses, contains general guidelines for reforming the Administrative Code of the Russian Federation and highlights certain challenging issues that need to be resolved in its forthcoming modernization. At the same time, it does not seem to address all the issues that need to be addressed. Thus, the analysis of administrative-jurisdictional practice of the first instance shows that the protocol on administrative offense is considered by subjects of administrative jurisdiction ( extrajudicial, quasi-judicial, and judicial) as one of the types of evidence in the case of an administrative offence. Moreover, it is not uncommon that such a record is the only evidence on the basis of which an administrative penalty is imposed. And the analysis of administrative and jurisdictional practice of the second and subsequent instances (up to the Supreme Court of the Russian Federation) allows us to conclude that this approach is justified and quite legitimate. But is it really true? And to what extent is it lawful and legitimate to consider the protocol on an administrative offense as evidence in the case of an administrative offense? This paper is devoted to searching for answers to these questions through the prism of understanding of the functional purpose and juridical (lawful) nature of this type of administrativejurisdictional acts.
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Elliott, Helen, Belinda Winder, Ellie Manby, Helen Edwards, and Rebecca Lievesley. "“I kind of find that out by accident”: probation staff experiences of pharmacological treatment for sexual preoccupation and hypersexuality." Journal of Forensic Practice 20, no. 1 (February 12, 2018): 20–31. http://dx.doi.org/10.1108/jfp-09-2017-0036.

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Purpose The purpose of this paper is to explore the views and experiences of probation staff working with individuals convicted of a sexual offence who have been prescribed medication to manage sexual arousal (MMSA). Design/methodology/approach Semi-structured interviews were utilised with a sample of probation staff (offender supervisors and managers, n=12), who supervise individuals convicted of a sexual offence, either in prison, or post-release in the community. Data were analysed using thematic analysis. Findings Two main themes emerged: barriers for probation staff and suspicious but hopeful. Theme 1 encapsulates factors that prevent probation staff from engaging with MMSA; theme 2 highlighted the samples’ uncertainty and mistrust of the use of medication as a potential tool for risk management and scepticism about individuals’ motivations, particularly in the community. Research limitations/implications The main limitation of this study was the differing levels of knowledge the sample had about MMSA and their subsequent ability to discuss MMSA other than in a theoretical sense. Practical implications Practical implications include the need for further training for probation staff, improved collaboration between departments and ongoing support for staff to support the success of the MMSA intervention. Originality/value This study offers a novel perspective on MMSA – that of the probation staff supervising prisoners taking MMSA. This has not been explored before, and the findings and associated implications are of importance for the treatment and care of those convicted of sexual offences.
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Szmurło, Daniel. "Uwagi de lege lata na tle stosowania art. 168B K.P.K." Civitas et Lex 35, no. 3 (July 18, 2022): 45–60. http://dx.doi.org/10.31648/cetl.7073.

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The article presents the issue of so-called “subsequent consent” for evidence obtained in thecourse of operating surveillance, and interpretation of Art. 168b of the Code of Criminal Procedure(CCP). The analysis covers, inter alia, the nature of the prosecutor’s decision on the use of evidencein criminal proceedings as well as the issue of meaning of expression “an offence prosecuted ex officio or a fiscal offence other than the offence, against which the control was directed” in the context of its constitutionality and the possibility of its pro-constitutional interpretation.
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Foo, Kenny. "Mapping the contours and limits of “irresistible inference”." Journal of Money Laundering Control 23, no. 4 (May 30, 2020): 735–43. http://dx.doi.org/10.1108/jmlc-03-2020-0027.

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Purpose In R v Anwoir [2008] EWCA Crim 1354, the English Court of Appeal held that, in money laundering prosecutions, the criminal provenance of property can be proved by showing that the circumstances in which the property was handled give rise to the irresistible inference that it can only have been derived from crime. The purpose of this paper is to analyse subsequent developments that have revealed the contours, and some of the limits, of proof by “irresistible inference”. Design/methodology/approach This paper reviews the reported cases in which an “irresistible inference” was drawn and identifies the features common to most of them. It then explores the limits of proof by “irresistible inference” by reference to the continuing relevance of predicate offences and the use of money laundering tools and techniques for non-laundering purposes. Findings Most of the cases in which an “irresistible inference” was drawn fall within a narrow compass of five categories. The breadth of the principle is constrained by the characteristics of the predicate offence, and its usefulness is limited in cases where the typologies of the predicate offence and the money laundering offence overlap significantly. Originality/value This paper may be useful to those involved in prosecuting or defending money laundering cases, as well as regulated persons assessing their money laundering risks and disclosure obligations.
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GHARIBEH, Ashraf Mohamad, Mohammed Rashid Ahmed Al MAKHMARI, Radwan Ahmad Al HAF, Mohammad Njim Ibrahim ELAYAT, and Ahmad Hussein ALSHARQAWI. "The Legal Framework Governing the Offence of Environmental Pollution in Jordan and the Sultanate of Oman." Journal of Environmental Management and Tourism 14, no. 7 (December 8, 2023): 2935. http://dx.doi.org/10.14505/jemt.v14.7(71).10.

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The focus of this study pertains to the legal regulations governing environmental pollution offences, as stipulated by the Environmental Protection Law No. 6 of 2017 and its subsequent revisions. Initially, the study examined the definitions of environmental pollution in accordance with the methodology employed by Jordanian lawmakers and international conferences. Subsequently, an analysis was conducted on the Environmental Protection Law No. 6 of 2017 and its subsequent amendments. This was followed by a determination of the fundamental components upon which the criminal offence is predicated. Additionally, a review of select cases that were brought before the Jordanian judiciary was undertaken. The environmental policy in Oman legislation underscores adopting a multifaceted approach, sometimes emphasizing obligatory measures and resorting to prohibitive or unrestricted policies. It is apparent that the responsibility for safeguarding the environment from pollution is not solely vested in the state but is a collective responsibility shared among individuals and society as a whole, as reinforced by the provisions of Article 6. This underscores the importance of environmental protection as an effective means to combat wrongdoing, thus the enactment of Law No. 26 for Environmental Protection and Pollution Control, which establishes specific legal principles to define criminal behaviour and prescribes penalties, adhering to the fundamental legal principle that "there is no crime and no punishment except by law."
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Baumanis, Jānis. "Criminal threats in Latvia raised by Russian aggression in Ukraine." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 28 (2024): 24–34. http://dx.doi.org/10.25143/socr.28.2024.1.24-34.

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On 24 February 2022, Russia’s aggression against Ukraine escalated into a broader armed invasion of the Ukrainian territory and a subsequent protracted war. This event significantly impacted various social, political, legal and other processes worldwide. This global upheaval not only influenced international processes but also had an impact on various national-level processes, including the introduction of changes within the spectrum of criminal threats. Upon realising the extent of interests being criminally violated, the author of the research chose to narrow the research focus exclusively to the Latvian level. Moreover, the range of interests violated at the Latvian level can be quite extensive, as the commission of any criminal offence outlined in the Criminal Law can be indirectly linked to the war in Ukraine. With this in mind, the study aims to identify the criminal threats in Latvia stemming from Russia’s aggression in Ukraine by analysing statistical indicators of registered criminal offences, the activities of lawmakers in the development of criminal law norms and case law in situations where Ukraine is mentioned in the description of the alleged criminal offence. Keywords: criminal threat; violation of sanctions; hate crime; crimes against the state.
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Lantz, Brendan, and R. Barry Ruback. "A Networked Boost: Burglary Co-Offending and Repeat Victimization Using a Network Approach." Crime & Delinquency 63, no. 9 (August 3, 2015): 1066–90. http://dx.doi.org/10.1177/0011128715597695.

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Burglarized locations are at an elevated risk of re-victimization soon after an initial offense. The current study uses a two-mode network approach to examine three possible mechanisms of repeat victimization: (a) The characteristics of a location make the target attractive to all motivated offenders, (b) the same offender returns to the offense location multiple times, or (c) other offender(s), to whom the primary offender is connected, commit subsequent offenses. The results support all three mechanisms, but particularly the same offender returning for subsequent offenses. These “returners” are generally more experienced, more connected burglary offenders. Significantly, however, repeat victimizations not committed by the same offender(s) often involve connected co-offenders, a mechanism for repeat victimization that has not been previously demonstrated empirically.
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Morar, Ioana, Laurence L. Motiuk, and Leslie Anne Keown. "Characteristics of Offenders Participating in the Romanian Prison Service Credit System." European Journal of Crime, Criminal Law and Criminal Justice 27, no. 3 (July 26, 2019): 242–59. http://dx.doi.org/10.1163/15718174-02703004.

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Correctional assessment strategies and standards of practice should help to identify those offenders who are “good candidates” for earlier or conditional release while incarcerated. Several studies conducted on the Romanian prison population showed that a restricted set of items could accurately identify potential for early release decision-making and post release outcomes. Among a variety of relevant predictors identified was offender participation in a credit scheme with accompanying rewards and penalties. The Romanian Prison Service’s automated database was used to identify groups of offenders who had either earned (total, social reintegration activities or work) or lost credits for analytical purposes. These groups were used to make comparisons on a variety of case specific variables such as criminal history, sentence length, offence type and education. The present study extends previous research on prediction by unpacking offender participation in the credit scheme in relation to two outcome measures; early release from custody as well as subsequent returns to custody after early release.
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van Wijnkoop, Jürg. "Prosecution of suspected war criminals in Switzerland." International Review of the Red Cross 36, no. 313 (August 1996): 496–99. http://dx.doi.org/10.1017/s0020860400084928.

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Legal basesBy ratifying the Geneva Conventions of 1949, Switzerland undertook to supplement its national legislation accordingly. Its subsequent revision of the Swiss military penal code in 1950, though certainly prompt, was half-hearted. It was not until 1 March 1968, when a broader revision came into force, that national legislation was fully adapted to meet the requirements laid down in those Conventions:— the scope of application of Swiss criminal law was extended to cover all armed conflicts within the meaning of international conventions;— civilians who commit offences against international law in the event of armed conflict were explicitly made liable to military jurisdiction; it is thereby clearly established that Switzerland, or more specifically the military justice authorities, must prosecute violations of international humanitarian law even if the offence is committed outside Switzerland by nationals (civilians or members of the armed forces) of another country.
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Dissertations / Theses on the topic "Subsequent offence"

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Claverie, Charlotte. "L’habitude en droit pénal." Thesis, Bordeaux 4, 2011. http://www.theses.fr/2011BOR40045/document.

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L’habitude est un concept connu de nombreuses disciplines telles que la philosophie ou la psychologie. Si le droit ne fait pas figure d’exception, la fonction répressive du droit pénal confère à l’habitude un sens particulier en sanctionnant l’habitude pénale.Loin d’assimiler l’habitude pénale à l’habitude criminelle, la thèse en retient une conception purement juridique et objective, détachée de toute référence à la dangerosité du délinquant. L’étude, résolument technique, propose, à partir de cinq institutions (infraction d’habitude, circonstance aggravante d’habitude, récidive, réitération d’infractions et concours réel d’infractions) une notion unitaire de l’habitude pénale et une répression adaptée à la criminalité particulière du délinquant d’habitude. L’habitude est alors définie comme un ensemble de comportements répétés unis par un lien juridique consistant principalement en un lien d’analogie et un lien temporel. Cette notion a permis de déduire une répression de l’habitude adaptée à son particularisme. Ainsi, son régime juridique est influencé par sa double structure, matériellement plurale et juridiquement unitaire, de même que sa sanction est influencée par le lien unissant les comportements.En puisant des exemples de comparaison dans les législations pénales étrangères et au sein du droit privé français, l’étude permet également de mettre en évidence les atouts et les faiblesses du droit pénal français dans l’appréhension de l’habitude pénale
Habit is a concept known by many disciplines such as philosophy or psychology. If Law is not an exception, the repressive function of criminal Law gives to the habit a specific sense by punishing penal habits.Far from assimilating penal habit and criminal habit, the thesis holds a purely legal and objective conception, disconnected from references to the offender’s dangerosity. The study, resolutely technical, suggests, from five legal institutions (habitual offence, habit as an aggravating circumstance, subsequent offence, repetition of offences and combination of offences) a unitary notion of the habit in criminal Law and a better adapted repression to the habitual offender’s specific criminality.Penal habit is defined as repeated behaviours joined by a legal link, mainly analogical and temporal. This notion allows a repression of habit adapted to its specific characteristics. Thus, the legal repression is influenced by its double pattern, physically plural and legally unitary. In the same way, punishment is influenced by the link joining behaviours.Taking examples from comparing foreign criminal legislations as well as private French law, this study emphasizes assets and weaknesses of the criminal law approach of habit
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Claverie, Charlotte. "L’habitude en droit pénal." Electronic Thesis or Diss., Bordeaux 4, 2011. http://www.theses.fr/2011BOR40045.

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L’habitude est un concept connu de nombreuses disciplines telles que la philosophie ou la psychologie. Si le droit ne fait pas figure d’exception, la fonction répressive du droit pénal confère à l’habitude un sens particulier en sanctionnant l’habitude pénale.Loin d’assimiler l’habitude pénale à l’habitude criminelle, la thèse en retient une conception purement juridique et objective, détachée de toute référence à la dangerosité du délinquant. L’étude, résolument technique, propose, à partir de cinq institutions (infraction d’habitude, circonstance aggravante d’habitude, récidive, réitération d’infractions et concours réel d’infractions) une notion unitaire de l’habitude pénale et une répression adaptée à la criminalité particulière du délinquant d’habitude. L’habitude est alors définie comme un ensemble de comportements répétés unis par un lien juridique consistant principalement en un lien d’analogie et un lien temporel. Cette notion a permis de déduire une répression de l’habitude adaptée à son particularisme. Ainsi, son régime juridique est influencé par sa double structure, matériellement plurale et juridiquement unitaire, de même que sa sanction est influencée par le lien unissant les comportements.En puisant des exemples de comparaison dans les législations pénales étrangères et au sein du droit privé français, l’étude permet également de mettre en évidence les atouts et les faiblesses du droit pénal français dans l’appréhension de l’habitude pénale
Habit is a concept known by many disciplines such as philosophy or psychology. If Law is not an exception, the repressive function of criminal Law gives to the habit a specific sense by punishing penal habits.Far from assimilating penal habit and criminal habit, the thesis holds a purely legal and objective conception, disconnected from references to the offender’s dangerosity. The study, resolutely technical, suggests, from five legal institutions (habitual offence, habit as an aggravating circumstance, subsequent offence, repetition of offences and combination of offences) a unitary notion of the habit in criminal Law and a better adapted repression to the habitual offender’s specific criminality.Penal habit is defined as repeated behaviours joined by a legal link, mainly analogical and temporal. This notion allows a repression of habit adapted to its specific characteristics. Thus, the legal repression is influenced by its double pattern, physically plural and legally unitary. In the same way, punishment is influenced by the link joining behaviours.Taking examples from comparing foreign criminal legislations as well as private French law, this study emphasizes assets and weaknesses of the criminal law approach of habit
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Sharma, Brittany S., Jill D. Stinson, and K. L. Puszkiewicz. "Adverse Childhood Experiences and Subsequent Sex-Offense Characteristics in Adolescent Males Who Engage in Sexually Abusive Behavior." Digital Commons @ East Tennessee State University, 2019. https://dc.etsu.edu/etsu-works/7888.

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Books on the topic "Subsequent offence"

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Gibson, John L. Canadian criminal code offences: Incorporating R.S.C. 1985 and subsequent amendments. Toronto, Ont: Carswell, 1989.

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2

Sexual involvement with therapists: Patient assessment, subsequent therapy, forensics. Washington, D.C: American Psychological Association, 1994.

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The sinking of the U.S.S. Indianapolis and the subsequent court martial of Rear Adm. Charles B. McVay III, USN: Hearing before the Committee on Armed Services, United States Senate, One Hundred Sixth Congress, first session, September 14, 1999. Washington: U.S. G.P.O., 2000.

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Tribunal of Inquiry set up pursuant to the Tribunal of Inquiry (Evidence) Acts 1921-2002 into Certain Gardaí in the Donegal Division (Ireland). Report of the Tribunal of Inquiry set up pursuant to the Tribunal of Inquiry (Evidence) Acts 1921-2002 into Certain Gardaí in the Donegal Division: Report into allegations of harassment of the McBrearty family of Raphoe, County Donegal and of relatives, associated and agents of that family by members the Garda Síochána subsequent to the death of Mr. Barron including the issue and prosecution of summonses relating to offences alleged to have occured between 28th October, 1996 and 28th September, 1998 : term of reference (c) ; report into the effectiveness of the Garda Síochána complaints inquiry process vis-a-vis the complaints made by Frank McBrearty snr. and his family between 1997 and 2001 : term of reference (j). Dublin: Stationery Office, 2008.

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Bernasco, Wim. Mobility and Location Choice of Offenders. Edited by Gerben J. N. Bruinsma and Shane D. Johnson. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190279707.013.17.

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This chapter analyzes the main topics and questions about offender mobility and crime location choice in terms of individual motivations, resources, constraints, and decisions. It begins with a brief overview of the four main frameworks that have been used to theorize offender mobility and crime location choice. This is followed by a characterization of general human mobility as a series of cyclical movements between a limited set of anchor points, and a review of two research initiatives that collected detailed spatial and temporal information on offender mobility. The subsequent section addresses the extent to which offenders plan and prepare their crimes. The chapter also discusses two core elements in crime pattern theory, namely the facilities that attract offenders and offenses (crime generators and attractors) and awareness space. The final section discusses the spatial unit of analysis in offender mobility and location choice.
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Averdijk, Margit. Victim Selection. Edited by Wim Bernasco, Jean-Louis van Gelder, and Henk Elffers. Oxford University Press, 2017. http://dx.doi.org/10.1093/oxfordhb/9780199338801.013.14.

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This chapter reviews what is known about victim selection—that is, the question of why offenders select some people, but not others, to be victims of crime. It first addresses theoretical perspectives on victim selection, namely the structural–choice model of victim selection, social interactionism, and target congruence. It then describes three data sources that have been used in prior research to study victim selection: police reports, victimization surveys, and offender interviews. Subsequently, empirical findings on victim selection are reviewed and organized into nine subsections: victims’ demographic characteristics, psychological characteristics, physical characteristics, behavior, biological characteristics, prior victimization, relationship to the offender, behavior during the offense, and the role of randomness. The final section discusses research gaps and potential future directions in the field, including an emphasis on theoretical explanations and mediators, cross-cultural studies, methodological innovation and diversity, interactions between victim and offender characteristics, and generality across crime types and subpopulations.
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Bonta, James, and J. S. Wormith. Adult Offender Assessment and Classification in Custodial Settings. Edited by John Wooldredge and Paula Smith. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199948154.013.19.

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This chapter describes the developments that have occurred over the past three decades in the area of offender assessment and classification, including discussion of why offender classification is so vital to correctional agencies. The importance of using actuarial approaches to predicting the risk of reoffending and danger to others is discussed, as well as the inclusion of static and dynamic factors on composite measures of offender risk and need. Particular attention is paid to the application of the principles of Risk, Need, and Responsivity (RNR) to offender assessment, classification, and subsequent work with the offender, often described as “offender case management.” How prison environments (including inmate and officer subcultures) can potentially interfere with the accuracy of risk and needs assessments is also debated.
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Levinge, Edward Parkyns. Justice of the Peace for Ireland: Comprising the Practice in Indictable Offences, and the Proceedings Preliminary and Subsequent to Convictions. HardPress, 2020.

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Levinge, Edward Parkyns. The Justice of the Peace for Ireland: Comprising the Practice in Indictable Offences, and the Proceedings Preliminary and Subsequent to Convictions. Arkose Press, 2015.

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Ireland and Edward Parkyns Levinge. The Justice Of The Peace For Ireland: Comprising The Practice In The Indictable Offences, And The Proceedings Preliminary And Subsequent To Convictions. Arkose Press, 2015.

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Book chapters on the topic "Subsequent offence"

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Lock, Tobias. "Article 49 CFR." In The EU Treaties and the Charter of Fundamental Rights. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759393.003.573.

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No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed. If, subsequent to the commission of a criminal offence, the law provides for a lighter penalty, that penalty shall be applicable.
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Horder, Jeremy. "15. Public Order Offences." In Ashworth's Principles of Criminal Law, 554. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192897381.003.0015.

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This chapter considers offences of public order, in the light of the importance attached to freedom of public demonstration. The main focus is the Public Order Act 1986, and the offences defined therein. The offences are analysed in the context of individual rights to freedom of speech and freedom of association protected respectively by Articles 10 and 11 of the ECHR. The important distinction between prior and subsequent restraint on demonstration is also considered in this context. The old common law offence of public nuisance is also briefly considered, insofar as it may be applied in public order contexts.
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Ludovic, Hennebel, and Tigroudja Hélène. "Part I State Obligations and Rights Protected, Ch.II Civil and Political Rights, Art.9: Freedom from Ex Post Facto Laws." In The American Convention on Human Rights. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780190222345.003.0009.

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This chapter addresses Article 9 of the American Convention on Human Rights (ACHR), which enshrines the fundamental principle of criminal legality and is interpreted as a core element of criminal law in a democratic society. The principle seeks to prohibit arbitrariness in the application of criminal law and in punishments, by requiring compliance with criminal law that is pre-established, clear, and precise. As such, Article 9 specifies in the punitive area the general principle of legality at the basis of the legitimacy of power in a democratic society. Article 9 sets out three substantive norms with a view to protecting individuals against arbitrariness of a criminal conviction. These include the affirmation of legality and prohibition of retroactivity for actions or omissions committed (first sentence); the affirmation of legality and prohibition of retroactivity for penalties applied for offences committed (second sentence); and the limitation of the prohibition of non-retroactivity of the penalty when a law subsequent to the commission of the offence provides for a more lenient penalty (third sentence).
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O’Neill, Martin. "Breaches of Orders, Notification, and Police Powers (Sections 39–43)." In Blackstone's Guide to the Domestic Abuse Act 2021, 99—C7N34. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192870513.003.0007.

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Abstract This chapter explores the provision of breaches of orders, notification, and police powers. It clarifies that the domestic violence protection order (DVPO) did not carry any criminal sanction upon breach. However, unlike the DVPO, a breach of the domestic abuse protection order (DAPO) can result in a conviction for a criminal offence with a maximum penalty of six months imprisonment or a fine. According to government minister Victoria Atkins, the severity of the consequences aims to put pressure on the perpetrator to comply and discourage non-compliance. The chapter highlights the consequences of failure to notify and the subsequent notification requirements. It considers the court's discretion with breaches due to concerns that some victims may be deterred from reporting a breach because of the ultimate criminal sanction.
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Roberts, Julian V. "The Time of Punishment." In Of One-eyed and Toothless Miscreants, 149–82. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190070595.003.0007.

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Increasingly, courts around the world are being required to sentence offenders for crimes committed years or even decades earlier. Prevailing conceptions of harm and culpability change over time. Policymakers concerned with punishment and sentencing should be sensitive to changes in the absolute and relative seriousness of crimes as well as the absolute and relative severity of punishments. Ordinal rankings of offenses have evolved over the past 50 years, as has our understanding of the impact of various sanctions. Issues raised by sentencing for crimes committed much earlier illustrate the need for a time-sensitive approach. Should defendants be sentenced according to standards prevailing at the time of the offense or according to current standards? In a just system, offenders would be judged by the standards prevailing when they took the decision to offend. A time-sensitive approach would apply the sentencing standards of the earlier time yet also consider time-relevant mitigation and aggravation in the subsequent period. The offender’s conduct and the victim’s suffering during the period are both relevant factors. Passage of time often changes our evaluation of the offense and the offender. When this occurs, the nature of the sentence should change. Likewise for long-serving prisoners, whose sentences should be reviewed after years have passed, in case they are no longer deemed proportionate.
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Ashford, Mark, Gareth Branston, and Naomi Redhouse. "Referral Order." In Blackstones' Handbook of Youths in the Criminal Courts, 210–28. 3rd ed. Oxford University PressOxford, 2024. http://dx.doi.org/10.1093/oso/9780198913146.003.0044.

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Abstract This chapter talks about a referral order, which is an order that requires an offender to attend each of the meetings of a youth offender panel and by virtue of which the offender is required to comply with a programme of behaviour. It considers a referral order as the primary sentence for first-time offenders under the age of 18 who plead guilty. It also describes a referral order as unique in the criminal justice system as the sentencing court determines the length of the referral while the requirements of the order are subsequently determined by a youth offender panel. The chapter explains that a referral order is available where the court is a youth court or other magistrates’ court, the offender is aged under 18 when convicted, and the offence does not attract a sentence fixed by law. It outlines referral order conditions that apply where a court is dealing with a person aged under 18 at the date of conviction.
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Guénaël, Mettraux. "6 Underlying Offences." In International Crimes: Law and Practice. Oxford University Press, 2020. http://dx.doi.org/10.1093/law/9780198860099.003.0006.

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This chapter explores the underlying offences which can constitute crimes against humanity. Crimes against humanity are composed of two core elements: a chapeau or contextual element and an underlying crime committed in and sufficiently linked to the chapeau. The list of underlying crimes that could, in theory, qualify as crimes against humanity is limited in nature and has not significantly evolved since Nuremberg. The Nuremberg Charter provided for six categories of crimes against humanity: murder; extermination; enslavement; deportation; other inhumane acts; and persecutions on political, racial, or religious grounds. Control Council Law No. 10, which regulated the subsequent prosecution of Nazi war criminals in occupied Germany, provided for the same six categories and added three other crimes to the list: imprisonment, rape, and torture. The chapter then assesses which crimes against humanity form part of customary international law.
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8

Tripkovic, Milena. "The Nature of Criminal Disenfranchisement." In Punishment and Citizenship, 46–68. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190848620.003.0004.

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This chapter sets up the frame for the subsequent normative analysis by seeking to establish the nature of criminal disenfranchisement. Departing from the common notion that criminal disenfranchisement is a form of punishment, the chapter first contrasts the traits of these two sanctions. A significant discrepancy between them is uncovered, which is based on the finding that disenfranchisement may never be considered a principal or sufficient response to crime, that it stands against the principle of ultima ratio, and that it fundamentally targets the offender rather than the offense. Moving away from punishment, the chapter next establishes that, due to its non-penal aims, disenfranchisement is more akin to security measures but nevertheless lacks the preventive, “risk-based” element that characterizes these sanctions. Ultimately, the chapter proposes that criminal disenfranchisement is a sui generis sanction that—rather than pursuing penal goals—targets the equal citizenship of criminal offenders.
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Ulph, Janet, Sir Michael Tugendhat, and James Glister. "Money Laundering and Acquisitive Crime: The Background and the Offences." In Commercial Fraud, 123–59. Oxford University PressOxford, 2006. http://dx.doi.org/10.1093/oso/9780198268673.003.0003.

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Abstract Money laundering is the process of disguising the origins of property which has been acquired through criminal conduct. The dismantling of exchange controls in 1979, easy global travel, and the subsequent rapid development of electronic forms of communication, have all facilitated money laundering. Precise figures of the amount of money involved do not exist.
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Allen, Frances, Julia Gasparro, Jo Swaney, Margaret Phelan, and James Gillespie. "Immigration Act 2016." In Immigration Law Handbook, 683—C20S205. 11th ed. Oxford University PressOxford, 2023. http://dx.doi.org/10.1093/oso/9780192896292.003.0020.

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Abstract This chapter explores the provisions of the Immigration Act 2016. It explains the provision of access to services, facilities, licences, and work by reference to immigration status. Moreover, the Act aims to address the issue of access to services, facilities, licences, and work by reference to immigration status. The chapter discusses the commencement and subsequent offences of labour market enforcement orders, and illegal working. It then discusses the appeals within the United Kingdom concerning the certification of human rights claims and the subsequent repeal as either continuation of leave or refusal of leave. Some of the miscellaneous focus of the Immigration Act 2016 includes the duty surrounding the welfare of children.
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Conference papers on the topic "Subsequent offence"

1

Özkan, Gürsel. "Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary." In International Conference on Eurasian Economies. Eurasian Economists Association, 2020. http://dx.doi.org/10.36880/c12.02371.

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In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.
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Munteanu, Larisa-Mădălina. "From the Borderless Digital Chambers to Prison’s Four Walls after Committing Personal Data Unlawful Acts." In International Conference on Cybersecurity and Cybercrime. Romanian Association for Information Security Assurance, 2022. http://dx.doi.org/10.19107/cybercon.2022.05.

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This paper represents a concise comparative presentation of how and why can imprisonment be a penalty in different legal systems when committing cybercrimes that affect personal data. Yet, since personal data is closely linked to cybersecurity (especially in cases of non-compliance with regulatory standards), the subject matter herein will focus on the subsequent relationship between personal data and cybercrimes, but from a peculiar perspective – how impactful unlawful acts can be so as to result in criminal convictions. It relies, therefore, on a symbiosis of acknowledging where personal data sits in the cybercrimes’ ecosystem and applying this to the most threatening cases identified by global regulators. In this context, the current research is contingent on mirroring the major legal models worldwide, based on which these offences are sanctioned with imprisonment. It is utterly thought-provoking to analyse how the contrasting legal provisions are driven by a common goal: preventing cybercrimes or, as the case may be, minimising their consequences. All these differences have, essentially, homogenous values at a foundational level. Particularly, that foundational level is the research core of this paper.
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Murgoski, Boris, Angela Jankoska, and Vladimir Murgoski. "CRIMINALISTIC AND PROCEDURAL ASPECTS OF EVIDENCE AND SUBSTANTIATING IN CRIMINAL PROCEEDINGS." In SECURITY HORIZONS. Faculty of Security- Skopje, 2023. http://dx.doi.org/10.20544/icp.8.1.23.p14.

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The intricate and perpetual issues pertaining to evidence and substantiating hold a central position in the realm of criminal procedure, particularly within the sphere of criminalistic-cognitive and heuristic activities. Primarily, evidence serves as the subject of examination within the theory of judicial evidence, as an integral component of the criminal procedural sciences. Simultaneously, it represents a subject that is continuously studied and investigated within the field of criminalistics science and practice. Conversely, the criminalistics theory of evidence primarily directs its attention towards exploring the informational nature, epistemological content, and relevance of evidentiary information, facts, and evidence in the course of investigating a criminal offense and identifying the perpetrator. Essentially, it encompasses the same object of study, but from two distinct approaches, thereby avoiding duplication of evidentiary theories. In light of these considerations, this scientific paper initially delves into certain theoretical aspects of evidence, subsequently delving into the intricate problem of criminalisticcognitive and heuristic activities within the criminal procedure, akin to a syllogistic criminalistic procedure.
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Varbanov, Ilia, and Georgi Brestnichki. "STUDY OF COORDINATION ABILITIES AND THEIR RELATIONSHIP TO ANTICIPATION IN ATHLETES." In INTERNATIONAL SCIENTIFIC CONGRESS “APPLIED SPORTS SCIENCES”. Scientific Publishing House NSA Press, 2022. http://dx.doi.org/10.37393/icass2022/04.

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Coordination abilities are a set of human properties manifested in the training process and in competitive activity, which determines the success in the management of motor actions of different coordination levels (Lyach, 2002). According to Anochin (1979), an anticipation is a particular form of “overtaking reflection”, in which the image of the result of the action of its actual appearance (occurrence) is formed in the mind of man. Based on this statement, we will try to improve the performance of athletes. Improving the results by choosing the right action according to the feedback received after the first attempt and focusing attention and actions on rational and pragmatic implementation, which we expect to improve results and reduce repetitions in the study of new actions. In our view, a way to achieve this goal would be through work to improve the anticipation capabilities of athletes. The problem of anticipation in sports games is of utmost importance for achieving victory in the completion between offender and defender. Coordination of movements is related to coordination with objects, people, animals, and machines, the behavior and movement of which are often unpredictable (Videv, 2015). In turn, anticipation produces skill-actions (respectively, counteractions) that are confidently carried out within a fraction of a second, called “improvisation”, which is significantly increased by targeted multi-year preparation from childhood (7-8 years). Based on everything so far mentioned, we decided to test the coordination abilities of athletes and, at the same time, see how they would act in subsequent situations similar to the previous one to improve their performance by applying their anticipation skills. Our results point to our assertion that creating an image of your work and bringing anticipation actions into the implementation of performance, in this case, the implementation of various coordination exercises, would improve the performance of athletes.
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