This thesis has investigated the offence of robbery. Specifically, the semi-systematic review analysed commercial armed robbery, grouping offenders in terms of an apparent scale of professionalism to amateurism. Within armed robbery, target hardening strategies appear to have reduced opportunities for professionals, with a corresponding increase in amateur armed robbers fuelled by drug habits. The empirical study found that levels of interaction used by an offender with a victim increased with offender age. Interaction was lower for a robbery committed in an external location and for offenders with previous convictions for offences against the person and property. The violence facet could not be labelled as a specific discriminatory predictor. The findings from the research and semi-systematic review distinguished between two types of robbery offender; a career professional and an amateur antisocial robber. A career professional is older and more experienced, more likely to offend in a commercial location, commit the crime in a planned and controlled manner, use high levels of interaction and lower levels of violence. An amateur antisocial robber is more likely to commit an offence outside, have previous convictions for offences against the person and property and/or be under the influence of an illegal substance. The offence is likely to be opportunistic and chaotic, characterised by high levels of violence and low levels of interaction. The Inventory of Offender Risk, Needs and Strengths (IORNS) psychometric measure was analysed. It has the potential to provide an assessment of a robbery offender‟s ongoing treatment and risk management. However, it requires further validation and reliability analysis before it is deemed appropriate in doing so. The case study highlighted the impact of cannabis misuse on a robbery offender‟s behaviour pattern and mental illness. Implications for offender treatment needs, future therapeutic intervention and risk management are discussed along with the need for further validation of the proposed model.

This thesis will consider UK labour law’s role in promoting fairness for carers. Building upon Fineman’s work, I will argue that caring relationships are of vital importance to society and should be supported by the state. The principle of justice as fairness, substantiated by the capabilities approach, will underpin this argument. I will focus upon modifying the workplace through care centric labour laws to achieve fairness for carers. Care centric legislation, developed by Busby, focuses upon promoting carers’ rights to work, rather than workers’ rights to care. Much of the analysis will focus upon reconciliation legislation, which aims to support people providing care within the paid workplace. This is because it has been the main way successive UK governments have aimed to help people reconcile these competing commitments. Although this body of legislation has gone some way towards achieving this, I will show that it could have done more. To make labour law care centric, something more radical is required. In this regard, I will analyse a right to care. To conclude, I will highlight the need for more empirical work in this context to further understand how fairness for all carers could be achieved.

This thesis presents a quasi-longitudinal investigation of the lived experiences of Children's Service professionals in the period between the introduction of the 2004 Children Act to 2012: a period of public service austerity. The aim of the research was to gain an understanding of the factors which shape and transform professional behaviour. Data collection was undertaken using semi-structured interviews with Children's Service practitioners. Cultural Historical Activity Theory (CHAT) was used as an analytical framework through which to develop understandings of shifts in professional practice. The analysis of interviews surfaced a number of professional shifts. These included: a re-conceptualisation of partnership working, from policy ambition to one based upon positive outcomes for children and families, together with a move from a universal to a targeted approach to the provision of services for children and young people. The findings also illustrate the limited direct role that government policy took in shaping professional changes. The study tests out a range of theoretical perspectives and challenges those which present a stable and slowly evolving professional community; the study explores theoretical positions which present the transformation of professional practice as dynamic, fluid and idiosyncratic.

The main aim of this thesis is to advocate a more scientifically informed approach towards epidemiological evidence in disease litigation. It analyses the judicial scepticism about epidemiology in UK tort law, and finds that the myth of scientific certainty lies at the heart of the devaluation of epidemiology as proof of specific causation. It traces misconceptions about epidemiology to broader misconceptions about science as a whole (including medical science and disease), and confused legal approaches to causation. To explain why legal objections to epidemiology are erroneous, the thesis clarifies fundamental aspects of science and disease causation that lawyers need to better grasp. Scientific reasoning is inherently probabilistic. Further, medical research indicates that disease causation is usually multifactorial and stochastic. Rigid and deterministic ‘but for’ questions are thus fundamentally unsuited for assessing disease causation. The mismatch between legal and medical causal models makes courts resort to normative, ‘backwards’ causal reasoning or haphazard exceptional approaches to disease causation, where the most difficult dilemmas around causation arise. This thesis argues that courts need a better test for causation for disease that can take account of probabilistic scientific and epidemiological evidence, and suggests one such principled approach. Epidemiology can be invaluable in such an assessment of disease causation.

Child imprisonment has a long history, one that predates the formal creation of juvenile justice. However, the continued use of prison establishments for children, known as young offender institutions (YOIs), remains a controversial issue. This thesis seeks to advance the debate regarding the abolition of child imprisonment by drawing on empirical research conducted in an English YOI accommodating teenage boys. In so doing, the thesis contributes to the established prison ethnographic literature by developing an understanding of the attitudes and lived experiences of child prisoners, a typically overlooked dimension of prison ethnography. The thesis critically analyses three key themes that emerged from the empirical research: surviving life inside; interpersonal victimisation; and, the nature of the staff-prisoner relationships and the use of power. It is argued that imprisonment is far from a neutral experience. The stark similarities between the lived experience of adult and child prisoners illustrate the futility of attempting to create a distinct secure estate for children whilst retaining the use of YOIs. The differences that do exist only serve to demonstrate the inappropriateness of detaining children in the prison environment. The recent fall in the youth custody population presents an opportunity to finally abolish child prisons.

In this thesis, I explore the desirability of including polygamous marriages within contemporary legal understandings of marriage in the UK. I develop existing research in this area to undertake a contextualised, historically-conscious examination of English legal and judicial responses towards polygamous marriages which I then use to underpin my analysis of real women’s narratives. My thesis addresses five research questions: 1.) How are legal and judicial responses towards polygamous marriage framed in English law? 2.) What is the impact of current legal and judicial attitudes towards polygamous marriages on women in the UK? 3.) How are women’s views, experiences and perceptions of polygamous marriage constructed in relation to law, religion, culture and society in the UK? 4.) How might the UK’s legal regulation of polygamy be changed to better reflect the needs of women? 5.) Is legal recognition for polygamous marriages in the UK, a desirable or viable option for reform? I argue that current English legal and judicial responses towards polygamous marriages are archaic and remain underscored by colonial imperialist, orientalist and sexist attitudes. These attitudes have also permeated wider social and cultural attitudes towards polygamy. The debate surrounding the legal recognition of polygamous marriages has evolved very little because the same arguments concerning equality and harm have been made for centuries. A more sensitive engagement with the advantages and implications of legal recognition for polygamous marriages is required to promote a nuanced model of recognition.

No description available.

Today slavery is illegal in every part of the world. It has been recognised as a crime against humanity and a violation of fundamental human rights. Nonetheless, the exploitation, marginalisation and degradation of human beings for material profit continue to flourish in 21st-century society. Sophisticated criminal networks and transnational illicit operations, coupled with weak governance and a high demand for slave labour, has allowed modern slavery to evolve and thrive underground, where vulnerable individuals are exploited for a multitude of purposes. Due to the complex nature of modern slavery, not only is a comprehensive approach needed to address its commonalities, but particular attention needs to also focus on the complexities and challenges unique to specific forms of exploitation. Further, due its transnational nature its regulation requires the involvement and co-operation of various actors in the international community. In particular, one area that has been subject to increasing concern is the role of corporate entities in joining the fight against slavery, by ensuring that their operations and supply chain networks are not tainted with exploitative labour and riddled with human rights abuses. The international community has recognised that while corporate entities have the capacity to promote positive effects such as economic development, job opportunities, and technological innovations, that their operations can also adversely affect vulnerable individuals and communities. Thus, through the concept of corporate social responsibility (CSR), and various human rights initiatives, businesses have been facing pressure to use their global resources, and power to acknowledge their influence and impact on significant global issues such as human rights, modern slavery, forced labour and human trafficking. Separately, as States are the prime guarantors of international human rights, they have an obligation to establish and enforce effective measures to regulate modern slavery, including the conduct of those who violate human rights and engage in the exploitation of people. Concerning unethical business practices, States then have a responsibility to establish corporate liability for complicity in modern slavery and related issues. Against the backdrop of global contemporary forms of slavery, this thesis aims to understand the extent of corporate obligation to respect internationally recognised human rights in the regulation of modern slavery, and challenge the perceived role of firms in combatting slavery in their operations. Moreover, this study considers the role of the State in enforcing CSR in line with its international obligation to protect human rights and combat modern slavery by preventing and prohibiting the crime, protecting the victims and prosecuting the offenders. This thesis will then conclude with an exploration of domestic level operations in the United Kingdom and evaluate what key approaches mean in the support of victims, the prosecution of offenders, and the responsibility of UK businesses.

Shared residence was previously viewed with suspicion by the judiciary, but following D v D [2001] a line of cases has developed, where this order is said to benefit children, firstly, by helping them feel cherished, and, secondly, by improving parental cooperation and thus protect children from the harmful effects of exposure to their conflicts. This thesis reviews available research to conclude that shared residence is so unlikely to achieve either objective where it is ordered against a parent's wishes, that the order should be restricted to families where both parents agree. Autopoietic theory is combined with feminist critique to explain the selfreferential nature of law, its tendency to prioritise children's abstract need for fathers and its inability to fully understand parents' complex disputes. The thesis compares the preconditions for, and use of, shared residence in England and in Sweden, concluding that despite better preconditions, Swedish court-imposed shared residence arrangements are unlikely to last, and can harm children by increasing their exposure to conflict. There is also, in contested cases, a worrying focus on equal rights for parents, with children who have grown up in these arrangements complaining of feeling objectified. This, combined with a growing emphasis in English case law on sending symbolic messages about status, is a strong argument against a shared residence presumption. It seems naïve to assume that new, collaborative co-parenting patterns can develop after separation merely because law coerces the adults into a particular kind of formal arrangement. The suspicion is therefore raised that law's agenda is in fact something very different: to mask familial and societal change by making post-separation families conform to a binuclear pattern which resembles the nuclear ideal not only in membership but also in its hierarchical structure.

This thesis investigates the work of custody visiting in police stations. Custody visitors make what are supposed to be random and unannounced visits to custody blocks in all parts of England and Wales. They check on the welfare of detainees being held in police custody, and they report their findings to the local Police and Crime Commissioner. Custody visiting is an important component of the criminal justice system, but it has been almost completely ignored by police scholars, and is largely unknown among the general public. The thesis analyses the character of official policy about custody visiting since the first “lay visiting” schemes in the early 1980s, through to the operation, from 2002, of the current statutory scheme known as “Independent Custody Visiting”. Using observation and face-to-face interviews in a local case study, along with wider desk and archival research and elite interviews, and drawing on Steven Lukes’ concept of power, this thesis is an original, in-depth investigation of this phenomenon. It is the first rigorous assessment of custody visiting, and the first thorough evaluation of its independence and of its effectiveness as a regulator of police behaviour.