Читать книгу Criminal Law - Mark Thomas - Страница 19

The idea behind this principle is that the law acts in a quasi-paternalistic way by ensuring that society is protected from harm. This involves harm to individuals and harm to property. The concept of welfare, however, depends on the perception one adopts. From the standpoint of a victim, the welfare principle ought to be designed to ensure that the victim is protected from interference by another (linked closely with the autonomy principle), and in circumstances where an interference has occurred, the legal system is designed to promote the conviction of the offender. At the same time, the welfare principle must ensure that those alleged to have committed offences are appropriately safeguarded through ensuring proper procedures are adopted, a fair trial is in place and any sentence passed, should there be one, is reflective of the offence committed. The difficulty here is finding that appropriate balance between conflicting interests and understanding the circumstances where the interests come into play.