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This paper presents the Government's response to the North Report on Drink and Drug Driving and the Transport Committee's report on Sir Peter North's recommendations. It outlines measure the Government intends to introduce. The prescribed alcohol limit for driving will not be changed, with the focus instead on improving enforcement and education to tackle the drink and drug drivers who put lives at risk. Other measures on drink driving include: revocation of the right for people whose evidential breath test result is less than 40% over the limit to opt for a blood test (the 'statutory option') - the breath testing equipment used in police stations is now very accurate and technically sophisticated so a blood sample is not needed to confirm the breath test; a more robust drink drive rehabilitation scheme; closing a loophole used by high risk offenders to delay their medical examinations; streamlining the procedure for testing drink drivers in hospital. On drug driving the Government will: approve preliminary drug-testing equipment - initially for use in police stations, and at the roadside as soon as possible; allow custody nurses to advise the police whether or not a suspected driver has a condition that may be due to a drug, removing the need to call out police doctors and so speed up the testing process; examine the case for a new specific drug driving offence - alongside the existing one - which would remove the need for the police to prove impairment on a case-by-case basis where a specified drug has been detected.
This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
The Criminalization series arose from an interdisciplinary investigation into criminalization, focussing on the principles that might guide decisions about what kinds of conduct should be criminalized, and the forms that criminalization should take. Developing a normative theory of criminalization, the series tackles the key questions at the heart of the issue: what principles and goals should guide legislators in deciding what to criminalize? How should criminal wrongs be classified and differentiated? How should law enforcement officials apply the law's specifications of offences? The fourth book in the series examines the political morality of the criminal law, exploring general principles and theories of criminalization. Chapters provide accounts of the criminal law in the light of ambitious theories about moral and political philosophy - republicanism and contractarianism, or reflect upon on the success of important theories of criminalization by viewing them in a novel light. Ideas that are fundamental to any complete theory of the criminal law - liberty, harm, and the effect on victims - are investigated in depth. Sociological investigation of the criminal law grounds a critical investigation into the principles of criminalization, both as a legislative matter, and with respect to criminalization practices, in contemporary and historical contexts. The volume broadens our conceptions of the theory of criminalization, and clarifies the role of the series in the development of this theory. It is essential reading for all interested in legal, political, and social theories of criminalization.
The Stationery Office annual catalogue 2011 provides a comprehensive source of bibliographic information on over 4900 Parliamentary, statutory and official publications - from the UK Parliament, the Northern Ireland Assembly, and many government departments and agencies - which were issued in 2011.
18% of all drivers killed in road accidents are over the drink-drive limit (In 2007, based on coroners' data.) but only approximately 3% of drivers in the UK are stopped and tested for alcohol compared to the European average of 16%.. This report calls for the police to be given an additional power to permit preliminary breath tests as part of any designated drink drive enforcement operation. Currently, the police may stop any vehicle but can only test the driver's breath if there is an element of suspicion. There is concern that a reduction in the blood alcohol concentration limit would send out mixed messages but that the aimed for effectively zero limit is too great a step at present. Instead, concentration should be on stricter enforcement of the current limit and public education. It is felt that the success of Great Britain's drink driving policy to date is largely attributable to the deterrent effect of the current 12-month mandatory disqualification penalty and the Committee supports retaining that penalty. The committee also calls for the improvement of the detection of drug driving and to strengthen public perception about the likelihood of drug drivers being caught by the police. The Government's commitment to install drug screening devices in every police station by 2012 is welcomed though this interim measure should not eclipse the Government's aim over the medium-term to develop and type-approve a drug screening device for use at the roadside, drawing on relevant experience of doing this in the other parts of the world
Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society
The Committee was tasked by the House of Commons to scrutinise the Bill (Bill 22, session 2010-11, ISBN 9780215557469) which makes various changes to existing Military law. The Committee has taken evidence from a range of witnesses and made several visits to military establishments around the UK. The Report notes the complex debate surrounding the Military Covenant, and outlines the Committee's findings on a range of matters, including the work of the Service Complaints Commissioner for the Armed Forces.
This review incorporates the views and visions of 2,000 clinicians and other health and social care professionals from every NHS region in England, and has been developed in discussion with patients, carers and the general public. The changes proposed are locally-led, patient-centred and clinically driven. Chapter 2 identifies the challenges facing the NHS in the 21st century: ever higher expectations; demand driven by demographics as people live longer; health in an age of information and connectivity; the changing nature of disease; advances in treatment; a changing health workplace. Chapter 3 outlines the proposals to deliver high quality care for patients and the public, with an emphasis on helping people to stay healthy, empowering patients, providing the most effective treatments, and keeping patients as safe as possible in healthcare environments. The importance of quality in all aspects of the NHS is reinforced in chapter 4, and must be understood from the perspective of the patient's safety, experience in care received and the effectiveness of that care. Best practice will be widely promoted, with a central role for the National Institute for Health and Clinical Excellence (NICE) in expanding national standards. This will bring clarity to the high standards expected and quality performance will be measured and published. The review outlines the need to put frontline staff in control of this drive for quality (chapter 5), with greater freedom to use their expertise and skill and decision-making to find innovative ways to improve care for patients. Clinical and managerial leadership skills at the local level need further development, and all levels of staff will receive support through education and training (chapter 6). The review recommends the introduction of an NHS Constitution (chapter 7). The final chapter sets out the means of implementation.