This thesis is a comparative study of the pre-trial procedures of England and Wales and Saudi Arabia. Its aim is to show how the pre-trial procedures of Saudi Arabia could be re-designed in order to conform to both the standards set by international human rights and the norms of Shari'ah law and argues that there is much common ground between the two. It addresses the human rights relevant to pre-trial procedures and explores in-depth how these are expressed in international human rights legislation and in the current legislation of England and Wales with particular reference to the Police and Criminal Evidence Act (1984). They are contrasted with the relevant articles of the Code of Criminal Procedure 2001 (CCP) of Saudi Arabia. Individual rights such as the right to liberty, the right silence, the right to privacy, the right to bail and the right to an effective remedy are examined in depth and relevant case law is cited throughout. The history of pre-trial procedures and regulations in England and Wales and Saudi Arabia is explored in order to understand how these have developed into what exists today. The former is traced from the Norman period to the present day and the latter from the pre-Islamic era of the Arabian Peninsula. The actual practice of these procedures is explored comparatively through a fieldwork project involving semi-structured interviews with police officers and lawyers in England and police officers, police officers, prosecutors and lawyers in Saudi Arabia. The thesis ends with a thorough examination of how pre-trial procedures in Saudi Arabia could be regulated and monitored so as to bring them in line with the standards required by international human rights legislation and international practice and with the demands of Islamic law.

Assisted Reproductive Technology has, in the last 40 years, raised numerous ethical questions. One of these ethical questions has been whether or not children born as a result of Assisted Reproductive Technology treatments may be harmed as a consequence of being brought into existence in this way. Harm caused to children is quite rightly a serious concern for society and society expects the State to intervene to protect children from parents who pose a significant risk to their children. Towards this end section 13(5) of the Human Fertilisation and Embryology Act 1990 requires licensed infertility treatment clinics to ‘take into account the welfare of the child who may be born as a result of treatment’ when considering whether or not to provide a woman with treatment services. This thesis will argue that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended as it is acts as nothing more than an arbitrary and unjustified infringement on an individual’s right to reproductive liberty; is an ineffectual means of promoting the welfare of the child who may be born as a result of treatment; is philosophically incoherent; and is inconsistent with the law as applied in so-called ‘wrongful life’ cases. The argument that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended will be grounded upon the contention that an individual’s right to reproductive liberty should be accorded particular respect. This thesis will argue for a right to reproductive liberty which encompasses a negative right of the individual to be free from unjustified interference by the State when making reproductive choices. The pervasive influence of the child welfare principle as applied in the context of decisions directly impacting upon them has, it will be argued, played a significant part in the inclusion and retention of section 13(5) within the Human Fertilisation and Embryology Act 1990. This thesis will examine the way in which the child welfare principle as applied to children has grown in influence and how an unquestioning adherence to this worthy principle has led to an incongruous version of it being applied at the pre-conception stage. While the State have a solid mandate to protect the welfare of children this thesis will argue that that mandate cannot realistically be extended to apply to future children, when to refuse an individual access to Assisted Reproductive Technology has the effect of preventing the child whose welfare is to be taken into account from being brought into existence in the first place.

This thesis aims to better understand how to effectively assess and manage the risks posed by online IIOC users. First, it presents an introduction to the topic with a commentary on the increasing prevalence of this form of offending. Second, a systematic review of literature is conducted regarding the proportion of online IIOC users also found to perpetrate contact sexual offences. A qualitative synthesis of data revealed 10% of IIOC offenders had an official criminal record for a contact offence. This increased to approximately 40%, when analysing data from interview studies. Third, the thesis presents a thematic analysis of the accounts of 10 online IIOC-only offenders regarding their reasons for accessing IIOC. Here, a number of themes consistent with known pathways of contact sexual offending were identified, characterised by the unique role of general problematic Internet use. The findings are used to construct a cyclical model of IIOC offending, viewed within the context of a maladaptive emotion regulation loop. Fourth, the thesis critically evaluates the validity and reliability of a psychometric tool, the Emotion Control Questionnaire, Second Edition (ECQ2), used to measure emotion dysregulation amongst IIOC users. Fifth, a small-scale exploratory quantitative study is conducted of a mindfulness-based intervention package, aimed at reducing emotion control deficits amongst IIOC-only offenders. This found no clinically significant change in offenders’ scores, pre- to post-treatment, or when compared to a non-treatment control group. The null finding is attributed to a sampling artefact. The thesis concludes with an overall discussion of the work.

Les systèmes juridiques des démocraties libérales reposaient traditionnellement sur une séparation nette entre les fonctions répressives, de règlement des litiges privés, et l’activité administrative. L’Administration devait alors faire appel au juge répressif pour sanctionner la non-application de ses règlements. Les litiges privés étaient, eux, du seul ressort des tribunaux civils. Ces deux digues, élaborées afin de contenir l’action de l’État et inspirées par l’idée que la séparation des fonctions est le meilleur garant des libertés publiques, ont successivement cédé et le droit administratif s’aventure à présent dans des domaines qui lui ont été longtemps interdits. La doctrine de droit administratif, après avoir résisté fermement et s’être opposée ouvertement à ces évolutions, a fini par se résigner à l’attribution d’un pouvoir répressif propre à l’Administration et accepte désormais que « Le temps est définitivement révolu où la solennité des audiences judiciaires pouvait seule conduire le citoyen au châtiment »2. Le juge pénal n’a plus désormais le monopole de la répression et l’Administration cumule dorénavant les pouvoirs de réglementation et de répression. Mais qu’en est-il du juge civil ? Il semble bien que l’ouverture à la concurrence des grands services publics ait amené une innovation dans notre droit administratif puisque le législateur a doté des autorités administratives du pouvoir de résoudre des litiges privés pouvant aller jusqu’à forcer une entreprise privée à contracter. Le bel ordonnancement du droit gagné à force de luttes contre le pouvoir royal le cède aujourd’hui à de nouveaux agencements qui confient de nouvelles prérogatives à l’Administration.

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This thesis considers the impact of substantially attenuating a suspect's right to silence on the relative positions of the police and defence in custodial interviews. The main hypothesis argues that these provisions have had a significant, unforeseen impact on the working dynamic between police officers and legal advisers. Interview strategies have developed, which seek to reinforce advantages to the police associated with control of pre-interview evidential disclosure. A second hypothesis postulates that introduction of the inference provisions has influenced suspect behaviour during custodial interrogation, leading to a reduced reliance upon the exercise of silence. The study drew upon data collected from in-depth, tape-recorded interviews with police officers involved at various stages of the investigative process, representing a wide variety of roles and experience. Full transcripts of the interviews were prepared and then subjected to a close-grained, qualitative analysis in which various themes were identified. The findings reveal, inter alia, that pre-interview disclosure has assumed increased significance, and can be instrumental to the interrogation outcome. Police officers are accorded considerable discretion in the management of police-suspect relations, which is evident in the emergence of control strategies for case-related information. Greater openness has flowed from the development of better-trained lawyers, and was manifest in the increased emphasis by police officers on truth-seeking during interview. Evidence emerged of controlled disclosure being used as a mechanism for securing or negotiating the co-operation of an interviewee. The extent of disclosure varied according to a number of factors, although, in serious or complex cases, non-disclosure formed the basis for the strategy. The incremental release of information has been shown to have an unsettling effect on interviewees and can undermine the legal adviser's presence. The police claim fewer no-comment interviews and improved content from the use of these tactics - findings that are echoed in recent studies by the Home Office and in Northern Ireland. The research therefore indicates that there is evidence to support both hypotheses.

The private and public domains are usually regarded as a dichotomy: what is in one is not in the other. There can be many reasons for intrusions by the news media into the private lives of people. This thesis assesses the extent to which celebrity is a useful conduit for understanding why the media intrudes into people’s private lives and the extent to which celebrity affects any public interest justification for doing so. In essence: does celebrity make a difference in press intrusions into the private lives of others, or is it just one of many factors. The private lives of celebrities have been subject to invasion by the press for many years, while the conceptual definition of privacy has been fiercely debated by academics and lawyers. In 2011, as a direct consequence of the revelation that the News of the World had illegally accessed murder victim Milly Dowler’s voicemail during an active police investigation into her disappearance, the first part of the Leveson Inquiry was launched in order to examine the relationship between the British press and the public, the police and politicians. The significance of the Leveson Inquiry on public life and the media and political spheres means that an analysis of press intrusions into the private lives of both celebrities and those, like the Dowler family, who were unlucky enough to fall under scrutiny due to tragic events, is essential in understanding the relationship between celebrity, privacy and the press in twenty-first century England. This thesis utilises an observation study of the Leveson Inquiry public hearings from the Royal Courts of Justice, and the resulting evidence, to investigate the impact of celebrity on the nature and extent of press intrusion into the privacy of celebrities, and how it differs in the cases of noncelebrities who become of interest to the media. The thesis concludes that the element of celebrity has a major impact on press intrusion into the private lives of individuals regardless of their personal status, as ordinary individuals are targeted due to their proximity to a celebrity, or as a result of being caught up in extraordinary circumstances. However, social media platforms are threatening the role of the press in revealing private information about individuals to the general public, as both traditional celebrities and ‘internet micro-celebrities’ communicate directly with global audiences.

This research explores the relationship between institutional field level change and organisational change. More specifically, the focus of this study centres on the influence which a transition between institutional logics has on an organisation’s identity. Via an in-depth case study of a medium-sized, international commercial law firm, findings suggest that institutional field level change is manifested at the organisational level through the use of signs. Contrary to existing literature which focuses on the presence of a singular organisational strategy as a response to external field level change, this study indicates that multiple organisational strategies can co-exist, as evidenced through the use of signs. To this end, a semiotic analysis of empirical data suggests that evidence of decoupling, hybridisation and substitution can all be found co-existing within one organisation. Moreover, findings indicate that an organisation’s selection of organisational strategy is dependent on the relative proximity of a given sign from the external boundary of the organisation. Significantly, such findings are especially insightful in indicating how organisations make sense of and respond to institutional field level changes in real-time.

This thesis examines the extent to which the criminal law is a suitable tool for the regulation of the sexual behaviour of ‘older children’ and identifies the most appropriate approach for that involvement to take. The research takes place in the context of the current approach in Scotland, whereby all consensual sexual intercourse and oro-genital sexual activity between two ‘older children’, defined as those aged 13 to 15, is criminalised under section 37 of the Sexual Offences (Scotland) Act 2009. The nature of this legislation is described in detail in Part One of the thesis, and then contextualised against the relatively widespread occurrence of these activities amongst older children and the very limited number of prosecutions under the provision in practice. The question of whether, on balance, the current approach is appropriate is addressed over Parts Two and Three of the thesis. In making this assessment, the thesis integrates relevant public health research and aspects of research into adolescent psychology and neurological development, with the principles that should normatively inform criminalisation decisions and doctrinal legal discussions. Overall, it is argued that, while there are good public policy reasons to encourage older children to delay engaging in sexual intercourse and oro-genital sexual activity, the current blanket approach taken by the criminal law in Scotland is overly broad. Part Four of the thesis makes an extensive comparative analysis of the legal approaches taken to consensual adolescent sexual intercourse in other common law jurisdictions, to identify possible approaches that Scotland might follow in preference to the current law. These approaches are drawn upon to advocate a more refined approach in the substantive law in Scotland that criminalises consensual sexual intercourse and oro-genital sexual activity involving older children only where there is a substantial age difference between the participants or where there is otherwise evidence of exploitation. The thesis argues that the refined approach would safeguard adolescents against exploitation without automatically criminalising significant numbers of adolescents for their consensual sexual behaviour.

It is an axiom of the conflict of laws that one state will not enforce the revenue, penal, or ‘other public’ laws of another. This thesis shall criticise this position, arguing that these exclusionary principles should be replaced with a general principle of enforceability, subject to the control of public policy. It shall begin by sketching the general landscape of the exclusion of foreign law in Anglo-Scots international private law. Thereafter, a detailed account shall be given – for each of the revenue, penal, and ‘other public’ law rules – of the historical development of those exclusions, and their present scope of operation. This exposition provides a foundation for a critical examination of those rules.