HYBRID CIVIL / CRIMINAL PROCEDURES
Civil/criminal procedural hybrids are blended processes that employ mechanisms normally associated with the other, and which serve to blur the lines between civil and criminal law. This is the case both in terms of their stated purposes - compensation or punishment - and in terms of the processes to be followed and standards to be met. Such low-level hybrid procedures regulate some of the most commonplace interactions between the legal system and the public, and are deserving of greater scrutiny.
The goal of this proposed topic is provide a forum for socio-legal research being undertaken on different civil/criminal hybrid procedures in the UK – for example, Public Space Protection Orders, Knife Crime Prevention Orders, Domestic Violence Protection Orders, Forfeiture Orders, and ‘crimmigration’ measures – but one outwith their subject-specific streams. The aim is to allow for a theoretical and comparative interrogation of such hybrid procedures in themselves, as well as their potential implications for the legal system and society.
Abstracts are invited for papers engaging with the following considerations:
What are the underlying policy reasons for the use of procedural hybrids (alternatively known as civil penalties, punitive sanctions, and quasi-criminal measures)?
What reasons can be identified for why such civil/criminal hybrid procedures are becoming more commonplace?
What commonalities and differences are evident across these orders’ different applications?
What rule of law issues can be identified (legitimacy, human rights, due process)?
What is the contribution of civil/criminal hybrid procedures to projects of preventative regulation?
In terms of subject matter, papers engaging with any of the different orders or measures listed above (PSPOs, KCPOs, DVPOs, asset forfeiture under POCA 2002, and the criminalisation of immigration, etc) would be welcomed.
This topic is innately interdisciplinary, and would appeal to criminologists as well as socio-legal scholars.
Jen Hendry ( firstname.lastname@example.org)