Human Rights and Criminal Justice

Human Rights and Criminal Justice provides a full and systematic analysis of the impact of UK human rights law on both the substantive criminal law and criminal procedure. It examines first the applicable human rights principles before moving on to consider their impact on specific areas, including the investigation of crime, court procedure, evidence, standards of proof, sentencing, appeals and the rights of victims.

• The foremost guide for UK criminal practitioners showing how their work is affected by human rights considerations
• Combines analysis of theory and principles with practical guidance
• Deals in turn with the practical impact of human rights principles on each area of criminal practice
• Provides a full and systematic analysis of UK human rights law and the criminal justice system
• Covers the ECHR and the principles of interpretation and the HRA as well as the different aspects of criminal law
• Includes information on Evidence and Procedure at Trial, Criminal Law and Positive Obligations through to Sentencing, Appeals and Release from Custody
• Examines first the applicable human rights principles before moving on to consider their impact on specific areas, including the investigation of crime, court procedure, evidence, standards of proof, sentencing, appeals and the rights of victims
• Assesses the actual impact of domestic human rights law on the criminal justice system and substantiates the impact further with new case law from the UK and Strasbourg courts
• Examines how the courts have interpreted the Human Rights Act 1998 in practice
• Reproduces relevant statutory material ensuring this key information is readily to hand

Part I – General Principles
1 – The European Convention on Human Rights
2 – Principles of Interpretation
3 – The Human Rights Act 1998, The Definition of a Criminal Charge

Part II – Investigation and Pre-Trial Procedure
4 – Arrest and Detention 
5 – Entry, Search and Seizure 
6 – Covert Investigation and Entrapment
7 – Bail  
8 – Issues in Pre-Trial Procedure
9 – Special Procedures for Terrorist Cases

Part III – Evidence and Procedure at Trial
10 – Procedural Principles
11 – Admissibility of Evidence
12 – Self-Incrimination and the Exclusion of Evidence
13 – The Course of Evidence
14 – Burden and Standard of Proof

Part IV – Criminal Law and Positive Obligations
15 – Retrospectivity and the Principle of Legal Certainty
16 – Issues of Criminal Responsibility
17 – The Substantive Criminal Law
18 – The Rights of Victims of Crime

Part V – Sentencing, Appeals and Release from Custody
19 – Sentencing
20 – Appeals 
21 – Release from Custody

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