Month: June 2016

Commemorating Conchies: A time to remember the men who rejected military conscription in WW1

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By Prof Lois Bibbings, Professor of Law, Gender and History (University of Bristol Law School).*

Telling Tales cover_A hundred years ago general military conscription was introduced into Britain. The Military Service Acts of 1916 meant that men aged between 18 and 41 were deemed to have enlisted and decisions as to what happened to them were now in the hands of the state. However, in a controversial and seemingly contradictory move, the Act allowed men to be exempted from military service on the grounds that they had a conscientious objection to the undertaking of combatant service. These conscientious objectors (COs) deserve to be commemorated – and that is precisely what a series of events around the country are seeking to do.

Although no exact figures exist, Cyril Pearce, the brains behind the marvellous Pearce Register of British World War One Conscientious Objectors, estimates that there were 20,000 COs – a very small number as compared to the around 5 million men who joined the military, most of whom were conscripts. Objectors were a diverse group. Their widely varying perspectives on the Act and their consciences led them to take very different courses. What is clear though is that they displayed remarkable conviction and courage, both as individuals and collectively. (more…)

Testing the boundaries of fraud by abuse of position

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By Dr Jennifer Collins, Lecturer in Law (University of Bristol Law School).

7306229-seasonal-workersThe Court of Appeal has delivered an important judgment in R v Valujevs [2015] 3 WLR 109, on the scope of fraud by abuse of position under section 4 of the Fraud Act 2006 (on which see J. Collins, ‘Fraud by Abuse of Position and Unlicensed Gangmasters’ (2016) 79 Modern Law Review 354).  The importance of ensuring legal certainty in drafting a general fraud offence was emphasized when the Fraud Bill was debated in the House of Commons a decade ago (Hansard, HC 12 June 2006, col 549).  Dominic Grieve MP’s concerns that fraud by abuse of position was ‘too widely drafted’, and would lead to ‘a catch-all provision that will be a nightmare of judicial interpretation’ (Standing Committee B, 20 June 2006, col 25) remain relevant to what has resulted in sections 1 and 4 of the Fraud Act 2006.  Does R v Valujevs shed new light on the principled operation of the offence?  And is the Court of Appeal’s interpretation in line with concerns at the Committee stage to safeguard vulnerable categories of persons (Standing Committee B, 20 June 2006, col 26)? (more…)

Let’s Take Back Control – Or Should We?

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By Dr Phil Syrpis, Reader in Law (University of Bristol Law School).

John-WhittingdaleThe EU referendum campaign has been wide-ranging; with the debate largely focusing on the economic aspects. Arguments which focus on democracy have, however, tended to be the preserve of the leave campaign. The rallying cry to ‘take back control’ of ‘our’ laws and borders, has become something of a mantra.

My aim here is to assess the leave campaign’s case. I consider the impact which the EU has on the freedom of movement of the UK government; and evaluate the extent to which continued membership of the EU represents a threat to democracy in the UK. (more…)