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…mehr
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.
Ben Douglas-Jones KC is a barrister at 5 Paper Buildings in London. He is also an attorney-at-law in Grenada, with rights of audience in the Eastern Caribbean Court of Appeal, a Deputy High Court Judge, Recorder of the Crown Court and Master of the Bench (Gray's Inn). He specialises in human rights, human trafficking and modern slavery, appeals, complex fraud, homicide, serious crime and regulatory law, including consumer and intellectual property. His human rights and appellate practice has seen him appear in many recent leading cases concerning human trafficking and refugees, and human rights in financial crime, including special court cases before three successive Lords Chief Justices. Chambers and Partners describes him as "An extremely talented barrister with exceptionally broad knowledge of the law, who can juggle the preparation of multiple complex cases concurrently." Ben co-wrote the Crown Prosecution Service and Law Society Guidance on human trafficking and immigration crime and Judicial College Guidance on trafficking. He is a contributing editor of Human Trafficking and Modern Slavery Law and Practice, Southwell, Brewer and Douglas-Jones KC, Bloomsbury Professional, 2018 (1st Ed) and 2020 (2nd ed) and an author of Blackstone's Guide to the Consumer Rights Act 2015. He provides domestic and international training on human rights in the context of judicial, practitioner and regulatory compliance training and has provided evidence to governmental committees on trafficking and transparency of supply chains. Ben has been a Gray's Inn advocacy trainer for many years.
Inhaltsangabe
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 Appendices
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 Appendices
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