Jeremy Horder

How can the criminal law support the provision of quality in healthcare

Background The egregious failings in patient safety at Mid Staffordshire NHS Foundation Trust between 2005 and 2009 identified by Sir Robert Francis QC in his public inquiry prompted him to recommend the introduction of a new criminal offence into English law in circumstances where a patient dies or is seriously harmed by a breach of fundamental standards. The authors evaluate whether, from the perspective of fairness and justice, a new criminal offence in this context is necessary and desirable. Methods The authors considered the basic principles and functions of the criminal law and compared them with the principles and functions of the civil law. They then identify two primary tasks for the criminal law to perform in healthcare settings: (a) to establish primary duties to patients consisting of appropriately graded offences targeted at conduct that harms patients or unjustifiably poses risks to patients, and (b) to establish secondary duties to patients, consisting of offences aimed at punishing and deterring instances in which healthcare management and workers undermine the goals of regulation by lying or giving misleading information to regulatory officials or by obstructing their work. The authors focus on the first of these functions, identifying the scope of existing regulatory schemes that may give rise to criminal liability in English law when applied to healthcare contexts to identify whether a new criminal offence is needed. Results A gap in the existing regime of criminal liability is identified, and it is this gap which a new criminal offence seeks to fill. The authors suggest how such an offence should be structured, drawing primarily upon foundational principles of criminal liability. It is suggested that a new general offence of wilfully neglecting or ill-treating a patient that can be committed by any healthcare organisation or worker (appropriately defined) is warranted. Conclusions The criminal law has an important role to play in the healthcare context. Its central function is not primarily to deter and coerce people into complying with standards of behaviour deemed desirable. Rather, its central function lies in its symbolic and expressive significance, publicly proclaiming that the highly culpable mistreatment of others is wrongful and worthy of public censure and sanction.

The sanctity of life and the criminal law : the legacy of Glanville Williams

Described by the New York Times as ‘Britain’s foremost scholar of criminal law’, Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams’ many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current debate in these areas.1. Glanville Llewelyn Williams, 1911-97: a biographical note Peter Glazebrook 2. Glanvilles inspiration George P. Fletcher 3. Preventive orders and the rule of law Andrew Ashworth 4. The specialness of the general part of the criminal law Michael S. Moore 5. Four distinctions that Glanville Williams did not make: the practical benefits of examining the interrelation among criminal law doctrines Paul H. Robinson 6. Reflections on Dudley and Stephens and killing the innocent: taking a wrong conceptual path Joshua Dressler 7. Intention revisited Antony Duff 8. A disintegrated theory of culpability Andrew Simester 9. Sir Michael Foster, Professor Williams and complicity in murder Sir Roger Toulson 10. Mental disorder and sexual consent: Williams and after John Stanton-Ife 11. Williams v. Kamisar on euthanasia: a classic debate revisited John Keown 12. The failure of the defence of necessity as a mechanism of legal change on assisted dying in the common law world Penney Lewis 13. The duty to preserve life and its limits in English criminal law Antje du Bois-Pedain 14. Professing criminal law A. T. H. Smith.

The Sanctity of Life and the Criminal Law: Frontmatter

Described by the New York Times as ‘Britain’s foremost scholar of criminal law’, Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams’ many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current debate in these areas.1. Glanville Llewelyn Williams, 1911-97: a biographical note Peter Glazebrook 2. Glanvilles inspiration George P. Fletcher 3. Preventive orders and the rule of law Andrew Ashworth 4. The specialness of the general part of the criminal law Michael S. Moore 5. Four distinctions that Glanville Williams did not make: the practical benefits of examining the interrelation among criminal law doctrines Paul H. Robinson 6. Reflections on Dudley and Stephens and killing the innocent: taking a wrong conceptual path Joshua Dressler 7. Intention revisited Antony Duff 8. A disintegrated theory of culpability Andrew Simester 9. Sir Michael Foster, Professor Williams and complicity in murder Sir Roger Toulson 10. Mental disorder and sexual consent: Williams and after John Stanton-Ife 11. Williams v. Kamisar on euthanasia: a classic debate revisited John Keown 12. The failure of the defence of necessity as a mechanism of legal change on assisted dying in the common law world Penney Lewis 13. The duty to preserve life and its limits in English criminal law Antje du Bois-Pedain 14. Professing criminal law A. T. H. Smith.

The Sanctity of Life and the Criminal Law: Index

Described by the New York Times as ‘Britain’s foremost scholar of criminal law’, Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams’ many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current debate in these areas.1. Glanville Llewelyn Williams, 1911-97: a biographical note Peter Glazebrook 2. Glanvilles inspiration George P. Fletcher 3. Preventive orders and the rule of law Andrew Ashworth 4. The specialness of the general part of the criminal law Michael S. Moore 5. Four distinctions that Glanville Williams did not make: the practical benefits of examining the interrelation among criminal law doctrines Paul H. Robinson 6. Reflections on Dudley and Stephens and killing the innocent: taking a wrong conceptual path Joshua Dressler 7. Intention revisited Antony Duff 8. A disintegrated theory of culpability Andrew Simester 9. Sir Michael Foster, Professor Williams and complicity in murder Sir Roger Toulson 10. Mental disorder and sexual consent: Williams and after John Stanton-Ife 11. Williams v. Kamisar on euthanasia: a classic debate revisited John Keown 12. The failure of the defence of necessity as a mechanism of legal change on assisted dying in the common law world Penney Lewis 13. The duty to preserve life and its limits in English criminal law Antje du Bois-Pedain 14. Professing criminal law A. T. H. Smith.

The Sanctity of Life and the Criminal Law: List of contributors

Described by the New York Times as ‘Britain’s foremost scholar of criminal law’, Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams’ many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current debate in these areas.1. Glanville Llewelyn Williams, 1911-97: a biographical note Peter Glazebrook 2. Glanvilles inspiration George P. Fletcher 3. Preventive orders and the rule of law Andrew Ashworth 4. The specialness of the general part of the criminal law Michael S. Moore 5. Four distinctions that Glanville Williams did not make: the practical benefits of examining the interrelation among criminal law doctrines Paul H. Robinson 6. Reflections on Dudley and Stephens and killing the innocent: taking a wrong conceptual path Joshua Dressler 7. Intention revisited Antony Duff 8. A disintegrated theory of culpability Andrew Simester 9. Sir Michael Foster, Professor Williams and complicity in murder Sir Roger Toulson 10. Mental disorder and sexual consent: Williams and after John Stanton-Ife 11. Williams v. Kamisar on euthanasia: a classic debate revisited John Keown 12. The failure of the defence of necessity as a mechanism of legal change on assisted dying in the common law world Penney Lewis 13. The duty to preserve life and its limits in English criminal law Antje du Bois-Pedain 14. Professing criminal law A. T. H. Smith.

The Sanctity of Life and the Criminal Law: Preface

Described by the New York Times as ‘Britain’s foremost scholar of criminal law’, Professor Glanville Williams was one of the greatest academic lawyers of the twentieth century. To mark the centenary of his birth in 2011, leading criminal law theorists and medical law ethicists from around the world were invited to contribute essays discussing the sanctity of life and criminal law while engaging with Williams’ many contributions to these fields. In re-examining his work, the contributors have produced a provocative set of original essays that make a significant contribution to the current debate in these areas.