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Positive duties, regulation and the criminal sanction


Ashworth, A, Positive duties, regulation and the criminal sanction, Law Quarterly Review, 133, (October) pp. 606-630. ISSN 0023-933X (2017) [Refereed Article]

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Recent years have seen significant increases in the number of positive duties (i.e. duties to take action, rather than simply duties to refrain) imposed by English law on individuals and organisations. Part I below gives examples of the new duties to report, to prevent and to protect, and their different enforcement mechanisms. Insofar as the criminal law is involved, some of these new developments may be said to indicate a movement away from English law's traditional reluctance to criminalise omissions.1 Is it justifiable to use the criminal law in this way? Should there be greater reliance on alternative methods of enforcement?

Item Details

Item Type:Refereed Article
Keywords:sentencing policy, sentencing practice, England
Research Division:Law and Legal Studies
Research Group:International and comparative law
Research Field:International criminal law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Legal processes
UTAS Author:Ashworth, A (Professor Andrew Ashworth)
ID Code:123727
Year Published:2017
Deposited By:Office of the Faculty of Law
Deposited On:2018-01-22
Last Modified:2018-04-24

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