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Vol 21 No 10 Oct/Nov 2016

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Criminal Injuries Compensation Claims

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A new edition is due, details can be seen here:
Child Abuse: Law and Policy Across Boundaries 2nd ed isbn 9780198793144

Child Abuse: Law and Policy Across Boundaries


ISBN13: 9780198299462
New Edition ISBN: 9780198793144
Published: March 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00
Paperback edition , ISBN13 9780199571567



Despatched in 3 to 5 days.

Winner of the Inner Temple Book Prize 2008: Main Prize

Whilst there may be universal agreement that 'something must be done' about child abuse, there is much less clarity about what qualifies as child abuse and what should be done about it. Policy makers often invoke the law at times of crisis which are seen to demand a societal response. The presence of legislation on the statute book or the creation of rules and protocols which professionals must follow is one socially acceptable sign that the problem has been recognised and that an effective response has been implemented.

In the last two decades of the twentieth century, the numerous controversies about the response of public agencies and the courts to allegations of child abuse, as well as campaigns to reform the treatment of child witnesses in adversarial trial systems, provided the impetus for legal reform in both criminal and civil proceedings in England and Wales. These legal initiatives were ad hoc responses to specific problems, and not part of a coherent and integrated programme of reform across the criminal and civil systems. Legislators and the courts in family, criminal, and tort proceedings have constructed different liability and evidential rules in parallel rather than in tandem with the other courts adjudicating the same issues, and often regarding the same child. Similarly reforms in other common law jurisdictions have often been only partially understood by lawmakers in England and Wales.

This book looks across the legal and geographical boundaries within which the legal discussion of child abuse is usually confined. It considers the themes and policy considerations driving each form of legal response to the problem of child abuse. It also provides a detailed discussion of the law governing the trial of allegations of child abuse in the key areas of family, criminal and tort law in English law, and compares this with the approaches in other common law jurisdictions using the adversarial mode of trial, in particular in Canada, the United States, New Zealand and Australia. In its breadth and depth, Child Abuse Law and Policy Across Boundaries marks a significant contribution to the rapidly evolving field of child protection law.

  • Questions the assumption that 'black letter' law developments are always an appropriate response to child abuse
  • Charts legal initiatives and ad hoc developments to specific problems of child abuse
  • Comparative analysis of evidentiary and liability rules across other common law jurisdictions eg: Canada, US, New Zealand, and Australia
  • Discusses forms of legal response to child abuse beyond conventional legal and geographical boundaries
  • Interdisciplinary perspectives from family law, tort, criminal law, and rules of evidence
  • Contains diagrams mapping the complex evidential and liability rules in English statutes and case law, including the Special Measures Directions and sexual history provisions of the Youth Justice and Criminal Evidence Act 1999, and the character and hearsay provisions of the Criminal Justice Act 2003.

Subjects:
Family Law
Contents:
AN OVERVIEW OF THIS BOOK
Part I: THEMES & QUESTIONS
1. INTRODUCTION
Part II: THE LEGAL FRAMEWORK FOR ADJUDICATING ALLEGATIONS
2. FAMILY LAW
3. LIABILITY IN CRIMINAL LAW
4. LIABILITY IN TORT AND HUMAN RIGHTS LAW
Part III : THE INQUIRY PROCESS
5. INVESTIGATING AND EVALUATING ALLEGATIONS OF ABUSE
Part IV: ADJUDICATION OF THE ALLEGATION
6. INTRODUCTION: THEMES AND INFLUENCES
7. ACCESS TO EVIDENCE
8. THE CHILD WITNESS
9. TESTING THE CREDIBILITY OF THE CHILD COMPLAINANT
10. TESTING THE CREDIBILITY OF THE ALLEGED ABUSER
11. EXPERT EVIDENCE
Part V: CHILD ABUSE LAW AND POLICY: EVALUATION
12. THEMES AND FUTURE DIRECTIONS ;

Series: Inner Temple Book Prize 2008

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