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Reasons to Doubt
This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility t...
Judicial Review of Criminal Proceedings
Judicial Review of Criminal Proceedings provides the first dedicated and up-to-date treatment of judicial review as it applies at all stages of the criminal process. It considers the remedies and procedure of judicial review and focuses upon the areas that have occupied the courts in recent years, such as: delay and the right to a fair trial; blameworthy prosecutorial delay; the scope of the duty to seek out and preserve evidence; the circumstances in which judicial review will lie in respect of convictions and sentences recorded in the District Court and Circuit Court; pre-trial disclosure; review of prosecutorial discretion; adverse pre-trial publicity etc. The text also considers the impa...
European Criminal Procedures
Revised by Elena Ricci
Criminal Judicial Review
This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Crimina...
Defendant Participation in the Criminal Process
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
Police Misconduct, Complaints, and Public Regulation
Police Misconduct, Complaints, and Public Regulation covers the highly sensitive topic of who polices the police. The book provides comprehensive coverage of the law and procedure relating to the regulation of the police, offering practical guidance on complaint and misconduct hearings, as well as detailed analysis of the powers of the IPCC and of its statutory guidance. It includes dedicated chapters on related sets of proceedings, notably the complaints and discipline process (from recording the complaint through to the Police Appeals Tribunal), specific criminal offences (such as misconduct in public office and manslaughter), inquest proceedings, public inquiries, and judicial review. The...
Criminal Procedure
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Criminal Injustice
Beginning with an exploration of the awful miscarriages which prompted the establishment of the Royal Commission on Criminal Justice, the authors examine the role played by institutions and legal factors within the criminal process. Tracking the shift from due process rhetoric to the 'new penology' of efficient risk management of suspect populations, they assess the impact of recent reforms such as curtailment of the right to silence; the removal of the right to jury trial; and the appeal process itself.
