The law of human rights permeates every area of law. However, for many practitioners, students and academics it often presents the intimidating challenge of gaining a confident command of the specific principles that apply in any given context. This is particularly the case in domestic criminal law.
This book focuses on the impact of human rights law at every stage of the criminal process. It traces the principal human rights issues that arise from protections that apply during an investigation prior to a suspect even knowing that they are a suspect, to powers of arrest and search, and treatment at the police station It then considers every stage of the criminal process up to any potential appeal before the domestic courts and the European Court of Human Rights.
It is divided into four parts. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeal. Parts 2 to 4 address the three broad phases of a criminal case investigation, pre-trial and trial providing an analysis of human rights law.
This dynamic and inter-disciplinary book offer a considered account of the often complex interactions between criminal law and human rights; with a wide range of contributors, marshalled by strong general editors. The team comprises high quality criminal practitioners (both solicitors and counsel), academics in the field and those whose work is focused on the nexus between criminal law and human rights, such as Liberty and Justice.
Read an extract of Human Rights in Criminal Law
Table of Contents
Part 1 – ECHR and HRA 1. The European Convention on Human Rights 2. ECHR Procedure 3. Reservations and Derogations 4. Interpretation of Convention Rights 5. Human Rights Ac t1988-Substance 6. Human Rights Act 1988–Application 7. Human Rights Act 1988–Remedies 8. Appeals in Criminal Cases
Part 2 – Criminal Investigation 9. Covert Policing 10. Surveillance, Covert Human Intelligence Sources, and Entrapment 11. Interception of Communications 12. Interference with Property 13. Powers of Search and Seizure 14. Arrest and Detention 15. Collection and Retention of Personal Data 16. Victims of Crime 17. Human Trafficking
Part 3 – Pre-Trial Issues 18. Extradition 19. Bail 20. Right to Representation 21. Delay 22. The Media 23. Disclosure 24. Issues of Criminal Responsibility 25. Mental Health and Capacity
Part 4 –Trial and Sentence 26. Participation and a Fair and Impartial Tribunal 27. Burden and Standard of Proof 28. Self-Incrimination and the Right to Silence 29. Admissibility of Evidence 30. Vulnerable Witnesses 31. Article 7 32. Article 8 33. Article 9 34. Article 10 35. Article 11 36. Sentence