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Human Rights in Criminal Law

By: Ben Douglas-Jones QC, Paul Mason, Daniel Bunting, Benjamin Newton
Media of Human Rights in Criminal Law
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Published: 12-01-2023
Format: PDF eBook (?)
Edition: 1st
Extent: 656
ISBN: 9781526519535
Imprint: Bloomsbury Professional
Series: Criminal Practice Series
RRP: £103.50
Online price : £93.15
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About Human Rights in Criminal Law

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 focusses 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.

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

Appendices

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