The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. 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 appeals, as well as taking a case to the European Court of Human Rights. 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 as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.
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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 Act 1988-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