Statutory Response Research Articles

Mauritius Responds to its ‘Grey-Listing’ by the Financial Action Task Force Through Statutes: An Informative Review

Abstract This article reviews the statutory response given by Mauritius to its ‘grey-listing’ by the Financial Action Task Force (FATF). It analyses the various legislations that the government had to amend or create to become compliant with the international standards set by the FATF in the wake of combating money laundering and financing of terrorism. The statutory response of Mauritius to its grey-listing by FATF can be considered as a successful one giving that a significant number of laws had to be simultaneously and harmoniously changed to the satisfaction of the FATF in a considerably short period of time. Indeed, in October 2021, Mauritius was removed from the list of jurisdictions under enhanced monitoring, having been placed there in February 2020. Therefore, the expediency which Mauritius responded through laws and the effectiveness with which it managed to restore international business through its financial services sector can humbly serve as lessons or best practices to jurisdictions finding themselves in similar situations with the FATF.

The Domestic Abuse Act 2021 England and Wales: implications for nurses.

As the COVID-19 pandemic enveloped the globe there was a parallel increase in the incidence of domestic abuse (DA). This has been ascribed to the restrictions in movement and growing tensions during lockdown periods. The Domestic Abuse Act covering England and Wales was about to be passed prior to the COVID-19 outbreak, but progress halted as attention focused on managing infection control and treatment nationally. The unfolding DA 'shadow pandemic' led to pressure groups lobbying for specific changes to the Act which, in its revised form, became law in April 2021. This article sets out the changes in definition, statutory response and prevention of DA and relates these to nursing practice. Health education and promotion theory is considered and linked to nursing practice with those who are both victims/survivors and perpetrators of DA.

Legal Issues Concerning Food Poisoning in Nigeria: The need for Judicial and Statutory Response

Food is essential to man's existence, giving the popular saying that a healthy feeding often determines a healthy living of an individual. However, it has been observed that given the high rate of food insecurity in Nigeria, it has resulted to a high influx of numerous food producers producing substandard products or food that could cause food poisoning. Given this, the study made use of a doctrinal and non-doctrinal method of research method in examining the causes and dangers of food poisoning in Nigeria, how effective statutory laws are, and judicial attitude towards cases of food poisoning. The study adopted an online survey questionnaire distributed to 347 respondents (randomly selected) living in various states in Nigeria. Analytical and descriptive statistics were used to analyze data generated from the online questionnaire. The study, therefore, found that most Nigerians have suffered from food poisoning arising from poor processing, storage, and preservation of harmful substances. It was therefore concluded and recommended that, there is a need for statutory response and judicial activism in curtailing the sale of food that could cause food poisoning. Furthermore, food inspector agencies should often conduct routine inspections of public and private food processing factories or vendors

From 11 September to 6 January: A Vexingly Dotted Line

Two books examine the connection between the 11 September 2001 attacks and the 6 January 2021 insurrection in the United States. In Reign of Terror, Spencer Ackerman overreaches in arguing that 9/11 led directly to 6 January by impelling the Bush administration’s expansion and empowerment of the ‘Security State’, which encouraged government officials and the American public to embrace right-wing extremism and Donald Trump’s authoritarianism. Factors other than the ‘war on terror’ amply explain America’s sharp turn to the right and Trump’s ascendancy. In Subtle Tools, Karen Greenberg offers the more nuanced and credible argument that Trump and his inner circle simply used the degradation of language, ‘bureaucratic porousness’, reflexive secrecy and the rejection of precedent arising from the policy and statutory responses to 9/11 to stoke right-wing extremism and manipulate government security policy and institutions.

The anatomy of Holding Foreign Companies Accountable Act (HFCAA): a panacea or a double-edge sword?

Key points: -Accurate financial statements are critical to investors in making informed decisions and vital to the overall well-being of the US capital market. -For cross-listed and multi-jurisdictional businesses, the current regulatory frameworks fail to create governance equivalency between foreign and US domestic issuers that are listed in the USA. -The US Holding Foreign Companies Accountable Act (HFCAA) seeks to level the playing field. -Companies that use accounting firms which cannot be inspected by the Public Company Accounting Oversight Board for three consecutive years risk being de-listed from US securities exchanges and also becoming subject to a prohibition in over-the-counter trading in their stock. -Behind the statutory response in HFCAA are intertwined tensions between stakeholders and sovereigns. -The key to addressing the current imbalances will be to strike a balance between maintaining the US stock markets’ open to high-quality foreign issuers and enabling US investors to have access to reliable financial information. -It remains uncertain whether the HFCAA will reshape the governance landscape geoeconomically.

Opportunities for prevention: a data-linkage study to inform a public health response to youth offending in the Northern Territory, Australia

BackgroundNumerous studies have demonstrated a strong link between child maltreatment and subsequent youth offending, leading to calls for early intervention initiatives. However, there have been few whole-population studies into the dimensions of statutory child maltreatment responses that can inform these programs. The aim of this study was to investigate the sex-specific association between level and timing of child protection system (CPS) contact and youth offending.MethodsThis retrospective cohort study used linked individual-level records from multiple agencies, for 10,438Aboriginal children born in the Northern Territory between 1999 and 2006. The outcome measure was the first alleged offence. Key explanatory variables were level (no contact through to out-of-home care) and timing (0–4 years, 5–9 years, or both) of CPS contact. The Kaplan–Meier method was used to estimate cumulative incidence and a flexible parametric survival model to estimate hazard ratios (HR).ResultsChildren with no record of CPS contact before age 10 had the lowest cumulative incidence of first alleged offence by age 18 (boys: 23.4% [95%CI:21.0–26.1]; girls: 6.6% [95%CI:5.3–8.2]) and those with a record of out-of-home care the highest CI (boys: 45.5% [95%CI:37.0–54.9]; girls: 18.6% [95%CI:13.0–26.2]). The association of CPS contact with the relative risk of a first alleged offence was greatest for children aged 10–13 years and decreased with age. Timing of CPS contact was also associated with increasing cumulative incidence. The relative risk for first alleged offence was generally higher for children with CPS contact, of any type, during both developmental phases including notifications during both phases (boys, HR at age 11: 8.9 [95%CI:4.2–17.2]; girls, HR at age 11: 13.7 [95%CI:3.8–48.9]) and substantiations during both phases (boys, HR at age 11: 17.0 [95%CI:9.6–30.0]; girls, HR at age 11: 54.1 [95%CI:18.1–162]).ConclusionThe increased risk of offending associated with level and timing of early CPS contact highlights opportunities for a differentiated public health response to improve life trajectories for children and to reduce youth crime. Although children with unsubstantiated notifications of maltreatment do not meet the criteria for a statutory CPS response, the higher risk of offending among these children supports their inclusion in targeted preventive interventions.

De]-Centering the Victim: Police Perceptions of Victims of Sexual Violence through a Comparative Lens of Evidence Collection and Processing

Police are central to the statutory response to sexual violence, shaping the direction an investigation may take. Evidence provided by victims is also key to the processing of sexual assault cases. From a 2013 comparative qualitative study involving interviews with police officers in one province in Canada ( n = 11) and one region in Scotland ( n = 10) who investigate such cases, we discovered striking unanticipated differences between the two groups in terms of how they perceived victims and the evidence they provide. This paper presents a thematic analysis of these data and considers possible implications and explanations.

Family Group Conferencing as an Additional Service Response to the Abuse of Older People in Australia

ABSTRACT The abuse of older people, often perpetrated by family and friends, is a complex multidimensional social problem. In most Australian jurisdictions, responses are currently limited to either primary-level (information, education and referral) or tertiary-level statutory responses. Outside of Australia, Family Group Conferencing has partially addressed this secondary-level service gap by inviting the older person and their wider family system to identify and establish a family-led plan to address potential or actual risk of abuse. This paper presents the core processes of Family Group Conferencing, including the quality of the established evidence base for its use with older people. The limitations and caveats associated with this approach are explored, and a way forward is proposed to explore the utility and suitability of Family Group Conferencing for adults in Australia in response to some types and severities of abuse and mistreatment. IMPLICATIONS The abuse of older people is complex and under-reported, and many older people choose to take no action as a large proportion of perpetrators are family members. Limited Australian responses focus on either primary prevention or tertiary-level statutory responses. Family Group Conferencing may enhance secondary-level service responses to abuse, mobilising the older person’s protective networks, and reducing the risk of abuse.

ДІЯЛЬНІСТЬ ПІДРОЗДІЛІВ ПОЛІЦІЇ НА ВОДІ У СФЕРІ ЗАБЕЗПЕЧЕННЯ ТРАНСПОРТНОЇ БЕЗПЕКИ: ПРОБЛЕМНІ ПИТАННЯ ТА ШЛЯХИ ЇХ ВИРІШЕННЯ

The article is devoted to the study of certain aspects of the activities and powers of police units on the water in the field of transport safety by preventing, stopping and responding to administrative offenses, committed by drivers. The powers of the police on the water in accordance with the requirements of the Law of Ukraine “On the National Police”, as well as the Code of Ukraine on Administrative Offenses are described. In particular, the powers of police units on the water include the implementation of preventive and preventive activities aimed at preventing offenses on sea or river transport, identifying the causes and conditions that lead to the commission of criminal and administrative offenses; timely response to statements and notifications of criminal, administrative offenses or events; pre-trial investigation of criminal offenses within the defined jurisdiction; search for persons hiding from pre-trial investigation bodies, investigating judge, court or missing persons; taking measures to ensure public safety and order on the streets, squares, parks, squares, stadiums, railway stations, airports, sea and river ports, and other public places; maintenance of vehicles, etc. The functions and powers of water police units are fully aimed at ensuring public safety and order, protection of human rights and freedoms, as well as the interests of society and the state, combating crime, providing, within the limits prescribed by law, personal assistance services, social reasons or due to emergencies need such assistance. However, the quality of police duties on the water to prevent, stop and combat violations of the law depends on the legislative consolidation of powers to respond to offenses and bring the perpetrator to justice. To do this, based on the analysis of legislation governing the activities of police units on the water, provided proposals to current legislation of Ukraine in the field of transport safety on the water, as well as eliminating certain gaps and shortcomings in the legislation on the possibility of prompt and statutory police response committed on the water.

Prior Involuntary Institutionalization Does Not Justify a Lifetime Second Amendment Ban: An Originalist Approach to 18 U.S.C. 922(g)(4)

Once mentally ill does not mean always mentally ill. This underlying premise is not only scientifically accepted, but has been long recognized in the history and tradition of our common law. However, rather enigmatically, two circuit courts have deviated from this long understanding to find that once an individual has been classified as mentally ill, that classification is permanent. This flawed understanding has not only created a rupture in our Second Amendment jurisprudence, but it has also produced a significant circuit split between three circuits, in which neither the conclusions nor analyses are uniform. Notwithstanding the judicial disarray, federal law historically—and currently— poorly addresses this issue as well. Federal law categorically prohibits the possession of a firearm from an individual who has been “adjudicated as a mental defective or who has been committed to a mental institution.” The United States deems this class of individuals worthy of a lifetime Second Amendment ban with only two avenues for relief: one that is nullified; and the other that is non-uniform and arbitrary. While this statute is imposing, it certainly does not lack justification. There is without a question a governmental interest and objective in protecting the citizens through crime reduction and suicide prevention. This objective, however, cannot be reached by categorically denying a constitutional right to a classification of individuals without due process. This article uses an originalist approach to demonstrate that the classification of “mentally ill” is not a permanent and static one; rather that it is fluid and subject to transformation and development. With this main premise in mind, this article critiques the insufficient statutory response to this issue and offers an originalist judicial approach to resolving the circuit split. In the end, this article analyzes recent circuit court decisions on this issue from the Third, Sixth, and Ninth Circuits and offers a solution that safeguards the constitutional rights of an individual, ensures that due process rights are feasible, and preserves the governmental interest of reducing crime and preventing suicides. This is an article I wrote while I was a member of the Kansas Law Journal at the University of Kansas School of Law. I neither purport to be an expert in mental health initiatives nor Second Amendment litigation. I welcome all comments and criticisms. This article was selected to be published in the forthcoming issue of the Kansas Journal of Law and Public Policy.

The Link Between Early Involvement with Child Protection System and Youth Offending: A Multi-Agency Data-Linkage Study in Northern Territory, Australia

IntroductionNumerous studies have reported a link between child maltreatment and subsequent youth offending leading to calls for early intervention programs focussed on children in contact with child protection services (CPS) as a strategy to reduce the risk offending. While the overlap between child maltreatment and youth offending is well recognised, there have been few studies of the dimensions of CPS involvement that can inform early intervention programs. Whole-of-population linked data provides the opportunity to better understand the characteristics of CPS involvement that predict the risk of offending. Objectives and ApproachThis retrospective cohort study investigated the association between the level of CPS involvement (no CPS contact through to out-of-home care) for children, before age 10, with youth offending. The study used linked, individual-level records from multiple agencies including birth records, CPS records and youth justice (court) data for 10,438 Aboriginal children born in the NT between 1999 and 2006. ResultsThere was a gradient of increasing risk of youth offending as the level of CPS involvement increased from ‘no report of maltreatment’ to ‘out-of-home care’. There was a similar risk of offending for children with a record of either ‘unsubstantiated’ or ‘substantiated notifications’. Timing of maltreatment (at age 0-4, age 5-9 or both periods) was more strongly associated with offending than whether a notification was substantiated or unsubstantiated. Conclusion / ImplicationsThe increased risk of offending associated with different levels of involvement with CPS provides early opportunities for differentiated interventions aimed at reducing the risk of youth offending. Although children with unsubstantiated reports of child maltreatment do not meet the criteria for a statutory response for child protection the increased risk of subsequent youth offending among these children indicates the need to engage families in preventive interventions.

Statutory Rape: Case Characteristics When Offenders are Younger Than 21 Years of Age Versus Older.

Statutory rape laws are intended to protect adolescents from harm as a result of sexual activity with older individuals. In this pursuit, many, but far from all, states' statutory rape laws differentiate younger and older offenders. In effect, many of these states differentiate offenders who are 21 and older from those who are under 21. It is unknown, however, whether and how the dynamics of statutory rape vary depending on the age of the offender. To explore the contribution of offender age to the dynamics of statutory rape, data were collected from the records of 105 statutory rape cases referred to a child abuse assessment center over a 63-month period. Records included detailed reports on case history and victims' family history, mental health and health-risking behaviors, medical examination results, and forensic interview summaries. Cases of offenders11.Because these cases are under investigation, "offenders" here refers to "suspects." For ease of reading, we use "offenders" to be consistent with prior research terminology. under 21 were compared to the cases of offenders 21 years and older. Compared to cases of younger offenders, cases of offenders 21 years and older more often involved slightly older adolescent victims. Independent of age, victims with offenders 21 and over compared with offenders under 21 were over six times as likely to have a prior history of a high, versus low, number of psychosocial problems and were seven times more likely to experience multiple forms of coercion versus no coercion by the offender. Findings suggest that statutory rape prevention, policy and response strategies should consider the critical ways that case characteristics and victims differ according to this key offender attribute.

A Case Study on Tata Group's Plans to Acquire Stake in GMR Airports Limited (GAL) - in Pursuit of Synergy Gain

This paper delves into the case study of Tata Group’s plan to acquire stake in GMR Airports Limited (GAL) citing the chronology of events, plausible arguments for the acquisition, statutory response for the acquisition proposal culminating into the clearance of the case by The Competition Commission of India (CCI). The case study also examines the controversies happened during the process. It has been identified that post-merger synergy gain is the motivator for the friendly acquisition. All parties engaged in this acquisition are likely to get a magnified benefit well over the sum of individual gains.

The Triple-C Impact: Responding to Childhood Exposure to Crime and Violence

The article is the first to take an inclusive look at the monumental problem of crime exposure during childhood, which is estimated to be one of the most damaging and costly public health and public safety problem in our society today. We conducted a unique 50-state survey, examining the state-level statutory responses to affected children. The survey uncovered staggering system failures, bureaucratic labyrinth, access to information challenges, and lack of coordination among governing agencies and organizations. Consequently, despite statutory eligibility for therapeutic services and compensation, the majority of children suffering the dire consequences of crime exposure are never identified. Even when identified, only a miniscule minority ever receive services or treatment to facilitate recovery. Informed by scientific findings, the article also takes on the challenging task of ‘naming’ this complex problem by coining the term Comprehensive Childhood Crime Impact or in short the Triple-C Impact. The term embodies the full effect of direct and indirect crime exposure on children due to their unique developmental characteristics, and the mammoth spillover effect on our society as a whole.

Applying behavioural insights to child protection: venturing beyond the low-hanging fruit

AbstractWe explore whether simple behavioural insights techniques can be successful for addressing a policy issue within one of society's more complex and difficult sectors: child protection. Child protection reporting practices in New South Wales, Australia, reveal that the public's primary response is to report to the statutory authority, who only deal with cases of the highest risk. As a result, a large volume of statutory resources are spent processing lower-risk reports that lead to no benefits for lower-risk families and slow down response times for families that require a statutory response most. Our goal was to reduce lower-risk reporting by encouraging alternative responses to these situations. To do this, we altered report feedback for cases deemed lower risk in order to make alternative responses more salient and we added a persuasive message framed as a gain or loss. We then examined subsequent reporting accuracy. We found that our trial was linked to a modest improvement in reporting accuracy, though the results may have been diluted by a spill-over effect. We discuss how facilitating a greater behavioural change likely requires multi-organization collaborations, extending the range of insights drawn from behavioural science and/or addressing issues from multiple angles.

Challenges of operationalizing trauma‐informed practice in child protection services in New Zealand

AbstractNew Zealand is undergoing major change in service delivery to children and families. A new Ministry for Children Oranga Tamariki has been established to oversee 5 work streams, one of which provides intensive intervention with families requiring a statutory response to child protection concerns. The government minister responsible promised that the service would be child‐centred and trauma‐informed. To date, these terms remain undefined, and there is no shared understanding of their meaning. Practice frameworks to support the work of the new ministry are still being developed, creating something of a vacuum in the meantime. The focus of this paper is the challenge of implementing trauma‐informed practice in the child protection service provided by the Intensive Intervention work stream. Limited research or commentary on trauma‐informed practice in this context currently exists. Drawing on the relevant available literature, the concept and its application in child protection social work is explored. An ecological framework is used to discuss the changes needed to achieve this. Particular attention is paid to the impact of historical trauma for indigenous people due to New Zealand's colonial history and their over‐representation in care and protection services.

Nonhuman citizens on trial: The ecological politics of a beaver reintroduction

Wildlife reintroductions can unsettle social and ecological norms, and are often controversial. In this paper, we examine the recent (re)introduction of Eurasian beavers to England, to analyse responses to an unauthorised release of a formerly resident species. Although the statutory response to the introduction was to attempt to reassert ecological and political order by recapturing the beavers, this action was strongly opposed by a diverse collective, united and made powerful by a common goal: to protect England’s ‘new’ nonhuman residents. We show how this clash of state resolve and public dissent produced an uneasy compromise in the form of a formal, licensed ‘beaver reintroduction trial’, in which the new beaver residents have been allowed to remain, but under surveillance. We propose that although the trial is unorthodox and risky, there is an opportunity for it to be treated as a ‘wild experiment’ through which a more open-ended, experimental approach to co-inhabiting with wildlife might be attempted.

Older people’s forums in the United Kingdom: civic engagement and activism reviewed

Purpose The purpose of this paper is to review the literature on UK older people’s forums. Forums seek to influence statutory responses to ageing, and enable older people to speak up on matters important to them. The review examined three facets of forums: their membership, structures, and effectiveness. Design/methodology/approach Methods included searching databases, internet, and specialist libraries for materials relating to older people’s forums. Key points were extracted and source material described but not subject to quality appraisal. Relevant non-UK studies are included to draw contrast and comparisons. Findings Several studies and reports have explored forum members’ socio-demographic profiles, motivations and triggers for joining and the two-way rewards of participation. However, membership remains a minority activity, with only a small percentage of members actively engaged and the review highlights gaps in the literature on widening participation. Both statutory and voluntary sectors have supported forum development and sustainability. There is little data on formal structures but some exploration of the informal communications and behaviours that sustain them has been undertaken. Forums are viewed as effective but resource intensive. The size and representativeness of the membership, strength of influence and deployment of members’ expertise are all identified as potential contributors to effectiveness. Research limitations/implications Some material may not have been accessible and there is potential bias by greater inclusion of journal published materials than other possible sources. Material was not quality appraised, and research literature and self-reporting by forums are presented alongside each other. Practical implications Practitioners should familiarise themselves with current older people’s organisations locally to ensure that consultations are broad and reach different groups. While partnerships with voluntary sector health and care providers are encouraged some of these groups may not wish to represent all older people. Wider reach may provide multiple perspectives. Help in kind as well as financial resources may be welcomed by older people’s groups, such as meeting spaces, assistance with administration, and briefings that are accessible. Offering to meet with older people’s forums to discuss matters regularly may provide insight into experiences of services and changing needs earlier than professional feedback. Dismissing older people’s forums as made up of the “usual suspects” is likely to be unfair and unhelpful to building up positive relationships. Originality/value The review provides a preliminary assessment of the size and scope of research and grey literature on UK older people’s forums, synthesising points of similarity and difference and identifying clear gaps in the evidence.

‘Meet the New Boss … Same as the Old boss?’ Technology, toil and tension in the agrofuel frontier

Agrofuels are increasingly sourced and sold as a socially and environmentally beneficial solution to oil dependence. The promotion of sugar‐derived ethanol as a substitute for petroleum has thus been key to state development and international trade policies by Brazil and the European Union, respectively, and subsequent investment by leading energy and food transnational corporations has transformed socio‐spatial relations in the new sites of production. Brazilian rural worker testimonies, however, point to large‐scale labour exclusion rather than reform and a deepening, rather than disruption, of historic power inequalities in the sector. Labour contestation challenges a converging institutional discourse of responsible technological innovation and social upgrading associated with emerging commodity chains and the ‘green’ economy. Although corporate and statutory response has been market‐orientated certification and ‘more technology’ the idea of the ‘techno‐institutional fix’ provides a power relation‐attentive analysis that invites the further exploration of socially committed alternatives to food and energy production.

Responding to child deaths: the work of Australia's Victorian Child Death Review Committee

The Victorian Child Death Review Committee (VCDRC) in Australia is a multidisciplinary Ministerial Advisory Committee established to review the deaths of children either currently child protection clients or known to the statutory child protection system. The Committee provides advice about each child death as well as insights into what are the surrounding patterns and issues. Key to this role is examining the contribution of the service sectors to the protection of children and the routine practices that are in place to respond to children and vulnerability. This paper provides a snapshot of the cases referred to the VCDRC and the key messages for practice drawn from them. What emerges is that often the threshold for when statutory child protection services must be involved in child and family matters can be ambiguous and that agreement about intervention, the level and nature of need or risk, and when cumulative harm and neglect require statutory responses are not always shared between agencies. It is clear that the lack of common frameworks about what constitutes child protection intervention challenges services. It is recommended that there be and used agreed definitions and frameworks to ensure shared understandings and collaborative responses across the service and legal systems.