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Tax Evasion and the Law: A Comparative Analysis of the UK and USA (2024)
Book
Bourton, S. (in press). Tax Evasion and the Law: A Comparative Analysis of the UK and USA. Routledge

Following the global financial crisis, and a number of tax evasion scandals, there has been an increased public demand for countries to tackle tax evasion. In response, the past two decades have seen the diffusion of international cooperation in tax... Read More about Tax Evasion and the Law: A Comparative Analysis of the UK and USA.

Panel discussion: Preparing for and managing increased enforcement measures - Establishment of the new national fraud squad, collaborative structures, resources, recruitment and training, and effective delivery (2023)
Presentation / Conference
Bourton, S., & Churchill, A. (2023, October). Panel discussion: Preparing for and managing increased enforcement measures - Establishment of the new national fraud squad, collaborative structures, resources, recruitment and training, and effective delivery. Presented at Westminster Legal Policy Forum Conference: Next Steps for Tackling Fraud and Financial Crime, London

Failure to prevent fraud – What impact will the new offence have on UK companies? (2023)
Presentation / Conference
Bourton, S. (2023, October). Failure to prevent fraud – What impact will the new offence have on UK companies?. Presented at Chartered Institute of Internal Auditors Event on Culture, Fraud and Ethics, Bristol

In November 2020, the Law Commission were asked by HM Government to undertake a review of the law on corporate criminal liability. In June 2022, the Law Commission published its Options Paper, which suggested the introduction of a new corporate offen... Read More about Failure to prevent fraud – What impact will the new offence have on UK companies?.

Fraud and businesses in the South West: Risks and recent developments (2023)
Presentation / Conference
Bourton, S., & Gliddon, J. (2023, October). Fraud and businesses in the South West: Risks and recent developments. Presented at UWE Bristol Breakfast Series, UWE Bristol

The theme of this event will be 'Fraud and Businesses in the South West: Risks and Recent Developments' and will feature a talk from an external speaker from the South West Fraud Forum (SWFF) and Dr Samantha Bourton from UWE Bristol Law School.... Read More about Fraud and businesses in the South West: Risks and recent developments.

Institutional and substantive responses to economic and transnational organised crime: An African regional perspective (2023)
Book Chapter
Kemp, G. (in press). Institutional and substantive responses to economic and transnational organised crime: An African regional perspective. In Corporate Criminal Liability and Sanctions. United Kingdom: Routledge

Corporate conduct can have devastating effects on the social, governance, and economic systems of states and regions. The drafters of the Malabo Protocol of the African Union opted to include corporate criminal liability as a mode of liability, thus... Read More about Institutional and substantive responses to economic and transnational organised crime: An African regional perspective.

Decolonisation pedagogy as method (2023)
Presentation / Conference
Kemp, G. (2023, July). Decolonisation pedagogy as method. Presented at International Criminal Law and the Legacy of Colonialism in Africa, Berlin, Germany

Decolonisation pedagogy can serve as a method to address the legacy of colonialism in Africa in an organic way. This is also the case for interrogating the methods, content and approaches in international criminal law as a discipline.

Apartheid as a crime against humanity (2023)
Presentation / Conference
Kemp, G. (2023, June). Apartheid as a crime against humanity. Paper presented at The crime of apartheid in South Africa and beyond, Nottingham

Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of aparthei... Read More about Apartheid as a crime against humanity.

Public Health Crisis Management and Criminal Liability of Governments (2023)
Book
Bohlander, M., Kemp, G., & Webster, M. (Eds.). (in press). Public Health Crisis Management and Criminal Liability of Governments. United Kingdom: Hart Publishing. https://doi.org/10.5040/9781509946341

The focus of this book is the possible criminal liability of senior government officials, and in appropriate contexts, the possible criminal responsibility of corporate entities. The chapter on epidemiology aims to give an overview of the origins and... Read More about Public Health Crisis Management and Criminal Liability of Governments.

COVID-19 and crimes against humanity (2023)
Book Chapter
Kemp, G. (2023). COVID-19 and crimes against humanity. In Public Health Crisis Management and Criminal Liability of Governments (331-342). United Kingdom: Bloomsbury Publishing

Death and serious harm to physical and mental health caused by COVID-19 affect not only the protected interests underlying various crimes under domestic law (notably murder, other homicide offences and assault), but can also be analysed in the contex... Read More about COVID-19 and crimes against humanity.

Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law (2023)
Journal Article
Kemp, G., & Nortje, W. (2023). Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law. Journal of International Criminal Justice, 21(2), 405–430. https://doi.org/10.1093/jicj/mqad023

Apartheid is a crime against humanity, yet no person has ever been prosecuted for this crime. In 2021 two individuals were indicted in South Africa for the crime of apartheid. This is an historic first in the country which gave the policy of aparthei... Read More about Prosecuting the crime against humanity of apartheid. The historic first indictment in South Africa and the application of customary international law.

Horizontal and vertical international co-operation in criminal matters: An African regional and sub-regional perspective (2023)
Book Chapter
Kemp, G. (2023). Horizontal and vertical international co-operation in criminal matters: An African regional and sub-regional perspective. In S. Ugwu, A. Adeboyejo, H. Morrison, & T. B. K. Sendze (Eds.), Contemporary International Criminal Law Issues: Contributions in Pursuit of Accountability for Africa and the World (177-211). Springer. https://doi.org/10.1007/978-94-6265-555-3

This chapter deals with the topic of mutual legal assistance as a means to combat international crime (including the core atrocity crimes) in Africa. It can be argued that effective mutual legal assistance modalities are imperatives of true Pan- Afri... Read More about Horizontal and vertical international co-operation in criminal matters: An African regional and sub-regional perspective.

Challenges in policing financial crime (2022)
Book Chapter
Young, M. A., & Phillips, A. (2022). Challenges in policing financial crime. In B. Rider (Ed.), A Research Agenda for Financial Crime (89-104). Edward Elgar Publishing

Law enforcement efforts to disrupt financial crime rest on a myriad of crime control policies which are designed outside of the interests of enforcement bodies. Neglecting to recognize the lived experiences of frontline officers threatens the effecti... Read More about Challenges in policing financial crime.

The practice of pre-trial detention in England & Wales - Changing law and changing culture (2022)
Journal Article
Smith, T. (2022). The practice of pre-trial detention in England & Wales - Changing law and changing culture. European Journal on Criminal Policy and Research, 28, 435–449. https://doi.org/10.1007/s10610-022-09504-y

Pre-trial detention empowers criminal courts to imprison defendants before they have been convicted of an offence. This is a significant power which should be subject to a rigourous decision-making process. A 2016 study of pre-trial detention practic... Read More about The practice of pre-trial detention in England & Wales - Changing law and changing culture.

Released under investigation: High time to bail out (2022)
Journal Article
Sosabowski, M. H., & Johnston, E. (2023). Released under investigation: High time to bail out. Journal of Criminal Law, 87(4), 266-280. https://doi.org/10.1177/00220183221078935

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption ag... Read More about Released under investigation: High time to bail out.

Dr Amber Phillips: ‘Giving confiscated mafia assets back to the community is enormously powerful’ (2022)
Journal Article
Phillips, A. (2022). Dr Amber Phillips: ‘Giving confiscated mafia assets back to the community is enormously powerful’

In the latest in a series of interviews with leading figures involved in the research and investigation of organised crime, Policing Insight’s Chris Allen spoke to Dr Amber Phillips, Senior Lecturer in Criminology at the University of the West of Eng... Read More about Dr Amber Phillips: ‘Giving confiscated mafia assets back to the community is enormously powerful’.

The past and present of transnational organized crime in America (2021)
Book Chapter
Woodiwiss, M., & Young, M. (2021). The past and present of transnational organized crime in America. In F. Allum, & S. Gilmour (Eds.), The Routledge Handbook of Transnational Organized Crime (90-140). (Second). OXON: Routledge. https://doi.org/10.4324/9781003044703

This fully revised new edition provides a definitive and holistic overview of Transnational Organized Crime (TOC) in a world in which right wing populism has gained ground, trade wars are increasing, climate change is a reality and Covid poses a chal... Read More about The past and present of transnational organized crime in America.

Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law (2021)
Journal Article
Bachmann, K., & Kemp, G. (2021). Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law. Holocaust and Genocide Studies, 35(2), 235-249. https://doi.org/10.1093/hgs/dcab032

Recently, political actors in Tanzania have demanded compensation from Germany for colonial atrocities against various ethnic and religious groups during the Maji-Maji uprising (1905-1907). By analyzing first-hand archival records from Germany and Ta... Read More about Was quashing the Maji-Maji uprising genocide? An evaluation of Germany's conduct through the lens of international criminal law.

The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System (2021)
Book
Johnston, E. (2021). The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System. Lexington Books

The culture of defense work has undergone significant change over the course of the last twenty years. These changes may have generated confusion and uncertainty concerning the role of the defense lawyer in the modern era. If the lawyer is confused... Read More about The Role of the Defense Lawyer: Conceptions and Perceptions within a Changing System.