The law of human rights permeates every area of law. Achieving a confident command of the principles that apply in any given context is sometimes daunting for lawyers and academics alike. This is particularly so in the context of criminal law in England and Wales.
Our aim in publishing this book is to focus on the impact of human rights law at every stage of the criminal process. It traces the principal human rights issues that arise from protections that apply during an investigation, before a suspect even knows they are a suspect, to powers of arrest and search, and treatment at the police station. Further, it then considers every stage of the criminal court process up to any potential appeal before the domestic courts and the European Court of Human Rights.
The book is divided into four parts. 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 trials and appeals. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial. They provide an analysis of human rights law in a structure that will be immediately familiar to those who have practised or studied criminal law.
We have been privileged in being able to bring together a great array of specialist authors from the Bar, solicitors’ profession, judiciary and academia, whose work is focused on the nexus between criminal law and human rights. The authors are individuals of high repute in their respective fields, many with international reputations.
Our intention is that the book should stand as a dynamic interface between human rights, criminal law, professional practice and theory for practitioners and judges. We hope it will be a useful resource when seeking to marshal, reply to, or determine, sophisticated arguments at trial and on appeal, as well as meeting the needs of students and academics in areas such as criminal law and civil liberties.
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