Colin King

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Crime Prevention and Security Management It is widely recognized that we live in an increasingly ... more Crime Prevention and Security Management It is widely recognized that we live in an increasingly unsafe society, but the study of security and crime prevention has lagged behind in its importance on the political agenda and has not matched the level of public concern. This exciting new series aims to address these issues looking at topics such as crime control, policing, security, theft, workplace violence and crime, fear of crime, civil disorder, white collar crime and antisocial behaviour. International in perspective, providing critically and theoretically-informed work, and edited by a leading scholar in the field, this series will advance new understandings of crime prevention and security management.

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Negotiated Justice and Enforcement Legitimacy

Negotiated Justice and Corporate Crime, 2018

This chapter situates our discussion within the conceptual frameworks of 'negotiated justice' and... more This chapter situates our discussion within the conceptual frameworks of 'negotiated justice' and 'legitimacy'. This chapter sets out the framework for understanding the legitimacy of enforcement responses to corporate crime, laying the groundwork for discussion of Civil Recovery Orders (CROs) and Deferred Prosecution Agreements (DPAs) in subsequent chapters. This chapter provides an overview of all cases that have used CROs and DPAs to date. Keywords Corporate crime • Negotiated justice • Guilty plea • Social fairness • Legitimacy • Serious Fraud Office IntroductIon In this chapter we locate the regulation and enforcement of corporate financial crimes within the conceptual framework of 'negotiated justice'. There is an extensive literature on negotiated justice, its meaning and nature, but one that is predominantly concerned with the inducement of (guilty) pleas for 'volume' crimes through incentivisation. The negotiation of justice is a phenomenon that requires analysis from both legal and social scientific perspectives to allow us to understand both the rules and practices that guide what negotiation looks like and the inherent processes involved in how it is carried out. In this book we integrate our legal and social scientific/criminological knowledge to better understand CHAPTER 2

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Deferred prosecution agreements in England and Wales:: castles made of sand?

Public Law, 2019

The Seizure of Illicit Assets: Patterns of Civil Forfeiture in Canada and Ireland

Common Law World Review, 2013

Civil forfeiture is a modern crime control instrument that targets property linked to criminal ac... more Civil forfeiture is a modern crime control instrument that targets property linked to criminal activity. A recent addition to the state's crime control toolbox, the development of civil forfeiture in Ireland and in Canada, shows remarkable resistance to the idea that standard criminal justice safeguards govern the forfeiture process. The stark parallels in these two jurisdictions demonstrate tacit acceptance of a strategy that proves perilous to long-held procedural and substantive rights. By deftly shifting to formally civil instruments, Ireland and Canada have organized an assault on crime that circumvents the conventional criminal law, arguably seriously abrogating rights and procedural justice.

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New development: Estate agents’ perspectives of anti-money laundering compliance—four key issues in the UK property market

Public Money & Management, 2020

This is a repository copy of New development: Estate agents' perspectives of anti-money launderin... more

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Using civil processes in pursuit of criminal law objectives: a case study of non-conviction based asset forfeiture

Conventional understanding distinguishes between criminal law (and procedures) and civil law (and... more Conventional understanding distinguishes between criminal law (and procedures) and civil law (and procedures). These distinctions often rest upon differences as to the moving party, the culpability of a wrongdoer, the nature of a wrong, the remedy available, etc. to determine whether a particular action ought to fall upon the civil or the criminal side of the paradigmatic divide. These distinctions, however, prove problematic in relation to hybrid systems of justice, given legislative attempts to pursue criminal law objectives using civil processes. Using the non-conviction-based asset forfeiture model adopted in Ireland, and drawing upon the test adopted by the US Supreme Court as to what distinguishes the civil from the criminal, this article examines how the Irish judiciary has responded to this approach, ultimately contending that the courts have failed to provide a check against the legislature circumventing enhanced procedural protections of the criminal process and imposing punishment in the civil forum. The article concludes by asking whether a hybrid, or middleground, process, in which some enhanced procedural protections are afforded to a person confronted with punitive civil sanctions, offers an alternative to the rigid confines of the conventional civil/criminal dichotomy.

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