Hannah Quirk | King's College London (original) (raw)

Books by Hannah Quirk

While regulatory institutions and strategies have been the subject of increasing academic attenti... more While regulatory institutions and strategies have been the subject of increasing academic attention, there has been limited application of regulatory theories to criminal justice scholarship. This collection of essays from a range of outstanding international scholars adopts a critical, inter-disciplinary approach, providing an innovative application of regulatory theory to the practice of criminal justice and offering suggestions for further research. Part I explores the aims and values of criminal justice and other regulatory networks and the synergies and tensions between these fields; Part II examines criminal justice as a regulatory force to control 'deviant' and anti-social behaviour and Part III examines the regulation and oversight of criminal justice through the operation of prison inspectorates and explores notions of responsive justice.

Papers by Hannah Quirk

Since the minimum term for murder was raised by the Criminal Justice Act 2003 , the Court of Appe... more Since the minimum term for murder was raised by the Criminal Justice Act 2003 , the Court of Appeal has held that sentences for all types of manslaughter should reflect Parliament's will that offences causing death should be punished more severely. This focus on harm rather than culpability has now been applied to gross negligence "medical" manslaughter cases (Garg). This article argues that the increasingly punitive approach of the court is flawed, calls for sentencing guidance to be issued to reflect the particular situation of medical practitioners and considers how this might be done.

Routledge eBooks, Feb 22, 2023

British Journal of Criminology, 2006

Despite its impeccably New Labour-sounding moniker, 'just deserts' sentencing h... more Despite its impeccably New Labour-sounding moniker, 'just deserts' sentencing has been influential in many jurisdictions and in scholarship over the last 30 years. Andrew von Hirsch and Andrew Ashworth have written extensively on the subject. Proportionate Sentencing continues the ...

King's Law Journal, Jan 2, 2021

Journal of Criminal Law, Aug 1, 2017

, we initially planned this collection would showcase some of the interesting work that was prese... more , we initially planned this collection would showcase some of the interesting work that was presented there. Developments in politics and policymaking, however, suggested that this was an opportune moment for broader reflection about some of the issues that are of topical interest, and we are grateful to the editors of the Journal of Criminal Law for giving us a forum to develop some of these ideas. Between 1993 and 2010, crime and criminal justice policy was one of the most potent electoral issues; in 2015 and 2017, it barely featured. The first period arguably began 2 with the announcement of Michael Howard's 27-point crackdown on crime to the Conservative Party Conference 1993, including his infamous claim that 'prison works'. His Labour Shadow Home Secretary, Tony Blair, with a similar talent for a sound bite, promised to be 'tough on crime and tough on the causes of crime' 3 and the Labour Party duly abstained from voting on the momentous Criminal Justice and Public Order Act 1994 ('CJPOA'). This controversial Act attracted protests against provisions that curtailed the right of silence and criminalised both protesting against fox hunts and attending unlicensed raves (music 'characterised by the emission of a succession of repetitive beats' 4). Defying straightforward categorisation, the Act also reduced the age of consent for homosexuals, banned simulated child pornography and extended the definition of rape to include anal rape. The CJPOA illustrates many of the complexities involved in reforming the criminal law: the countervailing political forces, its vulnerability to hastily drafted measures that either never come into force or require amendment, the need to respond to new harms and to the need to remove offences that have become obsolete. Despite the reality of falling crime rates, public perception of the problem-largely whipped up by politicians-meant that legislation followed the CJPOA at a bewildering rate. Significant developments include: sexual offences being reformed and largely brought together in one Act 5 ; the expansion of 'hate crimes' 6 ; the criminalisation of new behaviours, in particular in relation to internet-enabled crime 7 ; and the repeal of a smaller number of

The case of Michael Shields,'the Liverpool FC fan convicted in Bulgaria of the attempted mur... more The case of Michael Shields,'the Liverpool FC fan convicted in Bulgaria of the attempted murder of a barman following the European Champions' League Final in 2005, raises important legal and constitutional questions. It has revived the Royal Prerogative of Mercy, a common law power which had been falling into disuse, and reverses the recent trend for politicians to cede involvement in individual criminal cases.

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system,... more All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying,recording, or otherwise, without the prior written permission of the publishers.

The Northern Ireland legal quarterly, Mar 3, 2020

This article appraises the cumulative effects of the curtailment of the right of silence after 20... more This article appraises the cumulative effects of the curtailment of the right of silence after 20 years. A controversial measure when enacted, its long-term effects have not been examined. It is argued that the Act was introduced on a flawed premise; has been interpreted very broadly; and has facilitated further restrictions on due process rights. Drawing upon the case law, academic commentary and empirical research, it is argued that the provisions have compromised the lawyer-client relationship and undermined the effectiveness of legal representation. Not only have the provisions made police interviews part of the trial (as Jackson argues), but they have also imported to the courtroom traditional police suspicions of defendants and their lawyers. The court has accordingly interpreted the provisions to the detriment of another 'fundamental condition'; legal professional privilege. The changes have thus had a wider impact than was envisaged at the time.

Criminal Law Review, Jul 1, 2020