Human Rights in Criminal Law

by Ben Douglas-Jones KC, Daniel Bunting, Paul Mason, Benjamin Newton

Overview

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.

Product Details

ISBN-13:	9781526519528
Publisher:	Bloomsbury Publishing
Publication date:	02/16/2023
Series:	Criminal Practice Series
Sold by:	Barnes & Noble
Format:	eBook
Pages:	656
File size:	885 KB

About the Author

Ben Douglas-Jones KC is a barrister at 5 Paper Buildings, London. He is a Deputy High Court Judge (King's Bench Division), Recorder (Crown Court), Master of the Bench (Gray's Inn) and attorney-at-law in Grenada.
Daniel Bunting is a barrister at 2 Dr Johnson's Buildings. He is a member of the Parole Board and sits as a Fee-Paid Judge in the Immigration Tribunal and Employment Tribunal.
Dr Paul Mason is a barrister at Doughty Street Chambers. He sits as a Fee-Paid Judge in the Employment Tribunal, Mental Health Tribunal and the Court of Protection.
Benjamin Newton is a barrister at Doughty Street Chambers, and also sits as a Recorder in the Crown Court and a Tribunal Judge in the Health, Education and Social Care Chamber of the First-tier Tribunal.
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.
Daniel Bunting is an experienced criminal barrister acting for both the prosecution and defence. He also practices in immigration and public law. His practice often involves the practical application of human rights principles in a variety of different settings. He is an experienced writer and has written a number of articles for a variety of lay and professional publications and journals. He sits as an Immigration Judge in the First tier Tribunal and is a member of the Parole Board.
Dr Paul Mason

Paul's interdisciplinary practice spans a number of Chambers' practice areas. In particular, serious crime, media law, international crime and public law. This includes judicial review challenges in a criminal justice context; acting for media organisations and journalists in cases concerning free speech and defending those exercising their right to protest. Before being called to the Bar, Paul was a researcher in the Public Law Team at the Law Commission. He was also Director of Postgraduate Research and Senior Lecturer in the Cardiff School of Journalism Previously, he was a Reader in Criminology He is widely published, including four books and numerous journal articles and book chapters.
Benjamin Newton of Doughty Street Chambers is ranked in Chambers and Partners 2014 as a leading junior in Crime (London). He has appeared in many high profile cases, including the incursion into the 2012 University Boat Race (R v Trenton Oldfield). As an author he has previously contributed chapters to Human Rights in the Investigation and Prosecution of Crime, edited by Jonathan Cooper OBE and Madeleine Colvin (OUP 2009), and Taylor on Criminal Appeals (OUP 2012).

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 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