Human Rights and Criminal Justice av Emmerson Ben, Ashworth Andrew, Macdonald Alison - 9780421876101 - Jure bokhandel


Human Rights and Criminal Justice
Författare:Emmerson Ben , Ashworth Andrew , Macdonald Alison
Titel:Human Rights and Criminal Justice
Upplaga:2 uppl.
Omfång:905 sid.
Förlag:Sweet & Maxwell
Typ av verk:Samlingsverk
Ämnesord:Internationell rätt , Straffrätt

Pris: 1550 SEK exkl. moms


The European Convention on Human Rights
* Introduction
* Origins and influence
* Procedure
* Reservations and derogations
Principles of Interpretation
* Introduction
* The Court's interpretative techniques
* Specific provisions
The Human Rights Act 1998
* Introduction
* Interpretation
* Retrospective application in criminal proceedings
* The Convention rights
* Application to public authorities
* Application to legislation
* Claims and remedies
* Miscellaneous provisions
The definition of a criminal charge
* Introduction
* Criminal proceedings
* Charge
Rights relating to arrest and detention in police custody
* Introduction
* Deprivation of liberty
* The "legality" requirements of Article 5(1)
* Arrest on reasonable suspicion and related grounds
* Arrest or detention for breach of a court order
* Detention to secure compliance with a legal obligation
* The right to be given reasons for arrest
* Information to be provided at the moment of charge
* Detention in police custody
* Habeas Corpus
*Ill-treatment in custody
* Access to legal advice in police custody
Entry, search and seizure
* Introduction
* The Convention approach
* Comparative approaches
Intrusive surveillance and undercover policing
* General principles
* Application to the UK
* Undercover operations and Article 8
The substantive criminal law
* Introduction
* The right to private life
* Freedom of thought, conscience and religion
* Freedom of expression
* Freedom of assembly
* Other issues
The burden and standard of proof
* Introduction
* Reverse onus provisions
* Standard of proof
Retrospectivity and the principle of legal certainty
* Introduction
* Certainty of definition
* Judicial development of the elements of an offence
* Crimes under international law
* War crimes
Issues of criminal responsibility
* The age of criminal responsibility
* Insanity
* Diminished responsibility
Double jeopardy
* Introduction
* Approaches in other Council of Europe member states
* England and Wales
* Article 14 of the International Covenant on civil and political rights
* Article 4 of protocol 7
* The Law Commission proposal
* Introduction
* General principles
* Grounds for refusal of bail
* Conditions of bail
* Procedural requirements
* Custody time limits
Aspects of criminal procedure
* Legal representation and related matters
* Cautioning and discontinuance
* Severance
* Delay
* Publicity, fair trials and contempt
* The right to an independent and impartial tribunal
* Disclosure and public interest immunity
* The protection of vulnerable witnesses
* The right to a hearing in the presence of the accused
* Trial of juveniles in Crown Court
* Security measures
* Other issues
Criminal evidence
* The evaluation of evidence
* Rules of admissibility
* Unlawfully obtained evidence
* Entrapment
* Admissions obtained by subterfuge
* Accomplices and participant informers
* Privilege against self-incrimination
* Adverse inferences from silence
* Hearsay, confrontation and witness statements
* Admission of a co-defendant's plea of guilty
* Cross-examination of rape complainants on sexual history
* Evidence of the accused's previous convictions
* Psychiatric evidence relating to a co-defendant
* Polygraph evidence
* Expert evidence
* Retrospective changes in the law of evidence
Sentencing and related issues
* Challenges to the severity of sentences
* Preventative sentences
* Custodial sentences
* Equal treatment in sentencing
* Consent to community service orders
* Proceedings against dine defaulters
* Sentencing procedure
* The prohibition on retrospective penalties
* Recommendation for deportation
* General principles
* The requirements of Article 6
* Unfair trials and unsafe convictions
* Declarations of incompatibility
The rights of victims of crime
* Introduction
* Obligations to prevent infringements of rights under Articles 2 & 3
* Obligation to have in place law which penalise infringements of basic rights
* Duty to investigate alleged breaches of Articles 2 & 3
* Obligations to prosecute or give reasons
* Rights of victims and witnesses in criminal trials
* Victims' rights and the sentencing procedure
* European material
* UK material
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