• Research Briefing

    Private prosecutions

    This note provides an overview of the right of a private individual to bring a criminal prosecution. It also outlines some of the procedural safeguards to prevent misuse of this right, including the need to obtain consent to prosecute certain offences and the ability of the Director of Public Prosecutions to take over private prosecutions. It includes a discussion of recent attempts to bring private prosecutions in respect of alleged war crimes.

  • Research Briefing

    Identity Documents Bill: Committee Stage Report

    This is a report on the House of Commons Committee Stage of the Bill. It complements Research Paper 10/41, prepared for the Commons Second Reading. The Bill would abolish identity cards and delete the associated data from the National Identity Register. Existing ID card holders would not be compensated for the £30 paid – one of the issues that has attracted significant debate. The Bill would also retain measures to combat the production and possession of false identity documentation and allow for information sharing in connection with passport applications and determinations as to whether passports should be withdrawn. No amendments were made to the Bill during the Committee Stage.

  • Research Briefing

    Anti-social Behaviour Orders

    The Home Secretary Theresa May criticised ASBOs in a speech in July 2010. Her criticisms were rejected by former Labour Home Secretaries. ASBOs were introduced by the Crime and Disorder Act 1988. Their use was slow to start with, but peaked in 2005 before declining again. Some commentators argue that authorities are using alternative remedies. Evaluations have highlighted the relatively high breach rate, but also their role in deterring anti-social behaviour. Publication of a Home Office review is awaited.

  • Research Briefing

    Safeguarding Vulnerable Groups

    The Safeguarding Vulnerable Groups Act 2006 provided for a new Vetting and Barring Scheme under which individuals who wish to engage in certain types of employment or activity involving contact with children or vulnerable adults will have to apply to be subject to monitoring by a government body: the Independent Safeguarding Authority (ISA).

  • Research Briefing

    Digital Economy Act 2010

    The Digital Economy Act 2010 received the Royal Assent on 8 April 2010 following accelerated debate in the House of Commons as part of the pre-election "wash-up". The present Government has confirmed that there are no plans to repeal any of the Act's provisions

  • Research Briefing

    Acquitted defendants: recovery of legal costs from central funds

    This note outlines the provisions under which an acquitted defendant may be entitled to recover his legal costs from central funds. In particular, it considers the recent introduction of a "cap" on the amount that may be recovered. The cap, introduced in October 2009, provides that an acquitted defendant who paid for private legal representation will only able to recover his costs at legal aid rates, even where these are lower than the commercial rates his private lawyers actually charged. The defendant will be responsible for meeting any difference. Following a judicial review application by the Law Society, in June 2010 the High Court ruled that the October 2009 pay rates were unlawful.

  • Research Briefing

    Proposed invalidation of ID cards

    The Identity Cards Bill, Bill 1 of 2010-11, had its second reading in the House of Commons on Wednesday 9 June. During the debate, there was some argument as to whether any refund should be given to the 15,000 individuals who have already paid £30 for a national identity card.

  • Research Briefing

    Special Constables

    This note sets out the role and powers of special constables as well as looking at some of the initiatives to increase their numbers.

  • Research Briefing

    Aviation: disruptive passengers

    There are a number of offences that can be committed by aircraft passengers under the Air Navigation Order 2009, such as: entering an aircraft while drunk; being drunk on an aircraft; using threatening language or engaging in threatening behaviour; interfering with an aircraft or its crew; endangering an aircraft; and refusing to obey an order from the aircraft commander. Various penalties are available for these offences, as set out in the following note.

  • Research Briefing

    Internet access

    Internet access: By Rachael Harker. SN/SG/2663. This Note provides a summary of information about households with home access to the Internet and individuals' use of the Internet.

  • Research Briefing

    Universal jurisdiction

    The UK has universal jurisdiction under the Geneva Conventions Act 1957 (and other legislation) for a limited number of serious international crimes. It also has an obligation under international law to prosecute or extradite those suspected of war crimes or torture anywhere in the world. There are few such prosecutions in the UK but arrest warrants have been sought for private prosecutions. The Government is consulting on a change to the law on private prosecutions for universal jurisdiction offences, and the UN is conducting a review of the scope and application of the principle of universal jurisdiction.

  • Research Briefing

    Trends in crime since 1997

    This note looks at both of these sources, briefly explaining their advantages and disadvantages. The note concludes by looking at possible adjustments that can be made to the recorded crime series to estimate trends since 1997 - and the limitations of such estimates.

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