• Bridge over troubled waters? Model remedy to resolve cross-border legal disputes

      Meiselles, Michala; Klaff, Joel; University of Derby (Wildy & Sons, 2020)
      In this era typified by shifting national allegiances, reemergence of nationalist forces, isolationism, and disintegration of trade blocs, the stability and longevity of commercial ties have become crucial, with private law procedures (such as nachfrist) offering much needed flexibility if and when disputes arise between contracting parties. Looking at nachfrist from a critical point of view, we explore the benefits associated with this facility and argue that as a model remedy for the resolution of international commercial disputes, nachfrist enhances efficiency, saving the contracting parties and the economy at large, time, money, and resources, whilst reducing economic waste in trade.
    • Do parents have a right to determine where a child patient dies?

      Cherkassky, Lisa; University of Derby (Trivent Publishing, 2019-08)
      This chapter will explore whether parents have the legal right to take their gravely ill child home to die in peace surrounded by family. Public anger surrounding the recent cases of Charlie Gard and Alfie Evans suggests that it is morally wrong to deprive parents of this final wish when medical treatment is futile and travel abroad for treatment has been ruled out. The judgments of Judge Francis (Gard) and Lady Justice King (Re C) will be examined to reveal the legal avenues available to parents of gravely ill children and whether their final wish to take their child home should be afforded more weight in futile cases.
    • Witnesses’ verbal evaluation of certainty and uncertainty during investigative interviews: Relationship with report accuracy

      Paulo, Rui; Bull, Ray; Albuqurque, Pedro; Derby University (Springer, 2019-06-07)
      The Enhanced Cognitive Interview (CI) is a widely studied method to gather informative and accurate testimonies. Nevertheless, witnesses still commit errors and it can be very valuable to determine which statements are more likely to be accurate or inaccurate. This study examined whether qualitative confidence judgments could be used to evaluate report accuracy in a time-saving manner. Forty-four participants watched a mock robbery video and were interviewed 48 h later with a revised CI. Participants’ recall was categorized as follows: (1) evaluated with very high confidence (certainties), (2) recalled with low-confidence utterances (uncertainties), or (3) recalled with no confidence markers (regular recall). Certainties were more accurate than uncertainties and regular recall. Uncertainties were less accurate than regular recall; thus, its exclusion raised participants’ report accuracy. Witnesses were capable of qualitatively distinguishing between highly reliable information, fairly reliable information, and less reliable information in a time-saving way. Such a distinction can be important for investigative professionals who do not know what happened during the crime and may want to estimate which information is more likely to be correct.
    • Are victims of crime mostly angry or mostly afraid?

      Ignatans, Dainis; Pease, Ken; University of Derby (Springer/ Palgrave, 2019-05)
      Analysis of the Crime Survey for England and Wales identifies anger and annoyance rather than fear as the most common emotional responses to victimisation by crime, despite fear’s pre-eminence in the criminological literature. While the trend since 2003 shows an increase in fear relative to anger, anger remains more common for all crime categories and all levels of victim-rated offence seriousness. The writers contend that the mismatch between the preponderance of anger in victim accounts and the preponderance of fear in the academic literature is convenient for government and police. Subtly setting fear as the default ‘appropriate’ emotion to be evoked by victimisation makes for a populace less inclined to ‘take matters into its own hands’. Plans to develop research on victim anger are outlined.
    • Y v A Healthcare Trust and the Mental Capacity Act 2005: taking gamete retrieval to the bank

      Cherkassky, Lisa; University of Derby (Sweet & Maxwell, 2019-04)
      Comments on the application in Y v A Healthcare NHS Trust (CP) of the best interests test set out in the Mental Capacity Act 2005 s.4 to the retrieval of sperm from a man suspected of being brainstem dead, and the approach to consent to storage and use in fertility treatment by his wife. Questions whether a construction of best interests which extends to potential wishes is appropriate in the strictly regulated context of assisted conception.
    • International licensing agreements: IP, technology transfer and competition law.

      Meiselles, Michala; Wharton, Hugo; University of Derby (Wolters Kluwer, 2018-10-16)
      About this book: A guide to the complex world of international licensing agreements grouping together all the essential materials needed when considering cross-border licensing agreements. What’s in this book: As a step-by-step guide to drafting international licensing agreements, this book ensures that the needs of each contracting party are addressed. This expert guide covers the following: business models that may be used by the contracting parties; standard provisions encountered in an array of international licensing agreements; analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; effect of competition law in a variety of jurisdictions; ensuring trademark protection at both national and international levels; clear explanation of key franchising terminology and disclosure rules; and effect of international dispute resolution rules in a range of jurisdictions. Alongside contract analysis, this book details numerous case studies from an array of industries that ensure the accommodation of sector-specific issues. For practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements. The book’s thorough incorporation of detailed contract analysis will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
    • Whatever happened to repeat victimisation?

      Pease, Ken; Ignatans, Dainis; Batty, Lauren; University of Derby (Springer Link, 2018-10-04)
      Crime is concentrated at the individual level (hot dots) as well as at area level (hot spots). Research on repeat victimisation affords rich prevention opportunities but has been increasingly marginalised by policy makers and implementers despite repeat victims accounting for increasing proportions of total crime. The present paper seeks to trigger a resurgence of interest in research and initiatives based on the prevention of repeat victimisation.
    • Crime concentrations: Hot dots, hot spots and hot flushes.

      Ignatans, Dainis; Pease, Ken; University of Huddersfield; University College London (Oxford University Press, 2018-09-14)
      None
    • Mapping repeated interviews

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; University of Derby; University of Winchester; London South Bank University; University of London (Springer, 2018-09-14)
      The present study introduces an adaptation of the Griffiths Question Map (GQM; Griffiths & Milne, 2006) which extends the chronological, visual map of question types used in an investigative interview to include child interviewee’s responses (through the addition of the Interview Answer Grid, IAG). Furthermore, it provides a rare evaluation of repeated interviews with children. From a sample of transcripts of Scottish repeated interviews with child victims, two ‘good’ and two ‘poor’ first interviews were chosen based on interviewer question types. First and second investigative interviews of these four children were mapped using the GQM and IAG in order to examine across the two interviews the similarity of interviewer and interviewee behaviours and the consistency and investigative-relevance of information provided. Both ‘good’ and ‘poor’ interviews were found to include practices discouraged by interviewing guidelines, which would not have been identified by examining question proportions alone. Furthermore, ‘good’ first interviews were followed by second interviews which began with poor question types, suggesting a possible impact of confirmation bias. Social support was also assessed and found to be used infrequently, mainly in response to the child being informative rather than pre-emptively by interviewers in an attempt to encourage this. Children were also found to disclose throughout their second interviews, suggesting that rapport-maintenance is vital for single and multiple interviews. The use of the GQM and IAG are encouraged as techniques for determining interview quality.
    • Is it just a guessing game? The application of crime prevention through environmental design (CPTED) to predict burglary.

      Monchuk, Leanne; Pease, Ken; Armitage, Rachel; University of Huddersfield; University College London; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK; UCL Jill Dando Institute of Security and Crime Science, London, UK; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK (Taylor and Francis, 2018-08-27)
      Crime prevention through environmental design (CPTED) aims to reduce crime through the design of the built environment. Designing out crime officers (DOCOs) are responsible for the delivery of CPTED by assessing planning applications, identifying criminogenic design features and offering remedial advice. Twenty-eight experienced DOCOs from across England and Wales assessed the site plan for one residential development (which had been built a decade earlier) and identified crime risk locations. Predictions of likely locations were compared with 4 years’ police recorded crime data. DOCOs are, to varying extents, able to identify locations which experienced higher levels of crime and disorder. However, they varied widely in the number of locations in which they anticipated burglary would occur.
    • Jail inmates’ perspectives on police interrogation.

      Cleary, Hayley M. D.; Bull, Ray; Virginia Commonwealth University; University of Derby; Department of Criminal Justice, L. Douglas Wilder School of Government and Public Affairs, Virginia Commonwealth University, Richmond, VA, USA; Department of Law, Criminology, and Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2018-07-26)
      Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N = 418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.
    • Twenty-seven years of controversy: The perils of PGD

      Cherkassky, Lisa; University of Derby (BioCore, 2018-01-17)
      It has been 27 years since the Human Fertilisation and Embryology Act 1990 was passed in the United Kingdom in response to advances in fertility treatment. Preimplantation genetic diagnosis - the screening of embryos for genetic diseases - has led to lengthy ethical debates on sex selection, eugenics, disabilities, saviour siblings, surplus embryos and most recently, adult-onset diseases (the BRCA cancer gene). This article provides an overview of how the law and practice of PGD in the United Kingdom and United States over the last quarter of a century has developed into new ‘branches’ of PGD, and predicts where they may be heading in the future. It concludes that many of the adverse views on PGD are unfounded and that some of these unique branches may develop to accommodate the screening of additional social traits. An underlying conflict between reproductive autonomy and a right to an open future is also rising under the surface to be noted for the future.
    • Planning ahead? An exploratory study of South Korean Investigators' beliefs about their planning for investigative interviews of suspects.

      Kim, Jihwan; Walsh, Dave; Bull, Ray; Bergstrøm, Henriette; University of Derby (Springer, 2017-11-16)
      Preparation and planning has been argued to be vitally important as to how effectively investigators undertake their interviews with suspects. Yet it has also been found in previous research that investigators admit that they plan only occasionally, often attributing insufficient time as reason for not undertaking the task. Employing a novel research paradigm that utilized theoretical foundations concerning planning, the present study explored empirically 95 South Korean financial crime investigators’ views, using a self-administered questionnaire. Through the use of second generation statistical modelling, an understanding was developed of the relative relationships between various concepts (which had themselves emerged from an established theoretical framework of planning that had been further extended to accommodate the context of the present study) The study found that perceived time pressures actually showed a very low association with interview planning. Rather, investigators self-belief as to their own capability alongside workplace culture were each found to have stronger associations with investigators’ intentions to plan for their interviews. As such, we argue that there should be more focus on improving occupational culture relating to interview planning, while developing training programs that identify, evaluate and enhance investigators’ planning skills. Implications for practice are therefore discussed.
    • Self-disclosure and self-deprecating self-reference: Conversational practices of personalization in police interviews with children reporting alleged sexual offenses

      Childs, Carrie; Walsh, Dave; University of Derby (Elsevier, 2017-11-06)
      This article examines how police officers ostensibly reveal personal information about themselves in investigative interviews with children reporting their being victim of alleged sexual offenses. We identify two practices of personalization. First, we show how, during the opening phase of interviews, officers engage in clear, unambiguous self-disclosure and how these self-disclosures are designed to elicit expressions of affiliation from witnesses. Second, we identify instances of self-deprecating self-reference as in ‘I’m going deaf that's all’. These self-references are delivered to manage trouble responsibility in environments of repair. We show how they manage the conflicting demands of rapport building and the requirement to make interviewees feel as if they are being listened to and understood, on the one hand, and the need for effective evidence gathering, on the other. The present study extends understanding of how officers personalize the investigative interview, as recommended by best practice guidelines.
    • Human tissue authority new draft code: Supporting child donors or supporting parents?

      Cherkassky, Lisa; University of Derby (The UK Law and Society Association, 2017-10-29)
      The Human Tissue Authority has very recently posted seven new Codes of Practice to update its guidance on human tissue legislation. Code G - Donation of Allogeneic Bone Marrow and Peripheral Blood Stem Cells for Transplantation - aims to improve the regulation of offences, referrals, and the interview process for children donating bone marrow. Code G comes under criticism in this article for not properly taking into account the welfare of very young saviour siblings. It introduces minor changes to consent procedures but disappointingly, parents of saviour siblings can still enjoy significant discretion to consent to a potentially harmful trespass upon their child without a welfare test or court approval. This article suggests that a stronger emphasis should be placed upon the objective provisions of the welfare test under section 1(3) of the Children Act 1989 and its adjoining common law before a decision to harvest a very young child for bone marrow is made. This would better protect the “saviour sibling” from unnecessary physical and psychiatric harm.
    • Qualitative analysis of qualitative evaluation: an exploratory examination of investigative interviewers’ reflections on their performance

      Griffiths, Andy; Walsh, Dave; University of Derby; Department of Social Sciences, University of Derby, Derby, UK; Department of Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2017-10-12)
      Self-evaluation of interviews conducted by law enforcement professionals is a principal feature of a prescribed interview framework in England and Wales, underpinning their practice development. However, self-evaluation has been found in prior research to be neglected. Building on our recent study (which found that interviewers regularly over-rated themselves, when compared to our independent ratings), the same interviewers assessed their interview skills by way of completing an extensive reflective log. We found that those we regarded as skilled in our prior study tended to be more accurate in identifying their strengths and areas for improvement, while planning to correct such shortfalls in their future practice. On the other hand, those we had earlier rated as least skilled tended to be much less reflective, being both descriptive and inaccurate in their understanding of key interview tasks. They also remained inaccurate concerning their own interview skills, failing to be prospective in planning to improve their skills. As such, while reflective logs appear to be, for skilled interviewers, both a prompt for accurate self-assessment and a catalyst for planning further professional development, we also caution that such tools need further refinement to achieve the same goals for those either less reflective or less skilled.
    • An exploration of perceptions of real-life suspects’ from the Asian Muslim community relating to the police interviewing practices in England

      Minhas, Rashid; Walsh, Dave; Bull, Ray; University of Derby; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK (Taylor and Francis, 2017-09-11)
      In England and Wales, the ‘war on terror’ has been argued to impact adversely on existing race relations policies. New legislation (such as wide discretionary powers of stop and search and arrest under the Terrorism Act (TA) 2000, the extension of pre-charge detention of 28 days (TA 2006), and the use of control orders to detain without trial), policing, and counter-terrorism measures may cast Muslims as the ‘enemy within’. The current research concerns real-life Asian Muslim suspects’ perceptions and experiences of police interviewing practices in England. This study involves semi-structured interviews with 22 people who had previously been interviewed as suspects throughout England. Around two-thirds of participants reported perceiving the demonstration of various stereotyping by police officers during interviews, half of whom indicated that the interviewers demonstrated racial/religious stereotypes via discriminatory behaviour. Given the potential and serious consequences of such racial/religious stereotypes and discriminatory behaviour, further training of police officers seems necessary to improve both interviewing performance and community cohesion.
    • Enhancing the cognitive interview with an alternative procedure to witness-compatible questioning: category clustering recall

      Paulo, Rui M.; Albuquerque, Pedro B.; Vitorino, Fabiana; Bull, Ray; Bath Spa University; University of Minho; University of Derby; College of Liberal Arts, Bath Spa University, Bath, UK; School of Psychology, University of Minho, Braga, Portugal; School of Psychology, University of Minho, Braga, Portugal; et al. (Taylor and Francis, 2017-07-20)
      The Cognitive Interview (CI) is one of the most widely studied and used methods to interview witnesses. However, new component techniques for further increasing correct recall are still crucial. We focused on how a new and simpler interview strategy, Category Clustering Recall (CCR), could increase recall in comparison with witness-compatible questioning and tested if a Revised Cognitive Interview (RCI) with CCR instead of witness-compatible questioning and without the change order and change perspective mnemonics would be effective for this purpose. Participants watched a mock robbery video and were interviewed 48 hours later with either the CI or the RCI. Recalled information was classified as either correct, incorrect or confabulation. Although exclusion of the change order and change perspective mnemonics in the RCI group might have caused a slight decrease in recall during the last interview phases, the RCI group generally produced more correct information than the CI group, with a lower number of confabulations. Further analyses revealed CCR was largely responsible for this increase in correct recall. CCR is a very promising interview technique which allowed the interviewer to obtain more detailed information without additional questions and may have, in certain situations, several practical advantages over a questioning phase.
    • Improving the enhanced cognitive interview with a new interview strategy: category clustering recall.

      Paulo, Rui M.; Albuquerque, Pedro B.; Bull, Ray; University of Minho; School of Psychology; University of Minho; Braga Portugal; School of Psychology; University of Minho; Braga Portugal; School of Law and Criminology; University of Derby; Derby UK (Wiley, 2017-07-20)
      Increasing recall is crucial for investigative interviews. The enhanced cognitive interview (ECI) has been widely used for this purpose and found to be generally effective. We focused on further increasing recall with a new interview strategy, category clustering recall (CCR). Participants watched a mock robbery video and were interviewed 48 hours later with either the (i) ECI; (ii) revised enhanced cognitive interview 1 (RECI1) — with CCR instead of the change order mnemonic during the second recall; or (iii) revised enhanced cognitive interview 2 (RECI2) — also with CCR but conjunctly used with ‘eye closure’ and additional open‐ended follow up questions. Participants interviewed with CCR (RECI1 and RECI2) produced more information without compromising accuracy; thus, CCR was effective. Eye closure and additional open‐ended follow up questions did not further influence recall when using CCR. Major implications for real‐life investigations are discussed.
    • A gift or a waste? Quintavalle, surplus embryos and the Abortion Act 1967.

      Cherkassky, Lisa; University of Derby (Taylor and Francis, 2017-07-06)
      The destruction of an embryo must be justified in law. This is to prevent frivolous wastage and to show the respect afforded by the Warnock Report (1984). For example, embryonic destruction during pregnancy is underpinned by the Abortion Act 1967, and embryonic destruction during fertility treatment is regulated by the Human Fertilisation and Embryology Act 1990. However, following the appeal decision in R (Quintavalle) v Human Fertilisation and Embryology Authority (and Secretary of State for Health) [2005] 2 A.C. 561, embryos can now be created for a bone marrow tissue match to a sick sibling under the Human Fertility and Embryology Act 1990 according to the subjective desires of the mother. This opens the door to the first example of embryonic destruction on unique social-eugenic grounds with no clear lawful justification. It is argued that these embryos should be afforded a unique destruction provision under an amended version of section 1(1)(a) of the Abortion Act 1967 in light of their ‘social-eugenic’ nature. This would protect the Human Fertilisation and Embryology Authority from accusations of undercover eugenic practices and reinstate the respect shown towards embryos in law.