Hc 850 Criminal Cases Review Commission

Author : Great Britain. Parliament. House of Commons. Justice Committee
Publisher : The Stationery Office
Page : 41 pages
File Size : 45,6 Mb
Release : 2015-03-25
Category : Electronic
ISBN : 9780215084651

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HC 850 - Criminal Cases Review Commission by Great Britain. Parliament. House of Commons. Justice Committee Pdf

The Criminal Cases Review Commission (CCRC) was set up in 1997, by the Criminal Appeal Act 1995, on the recommendation of the Royal Commission on Criminal Justice. The CCRC investigates alleged miscarriages of justice, post-conviction and post-appeal, and has the power to refer cases back to the Court of Appeal for reconsideration. The Committee held a one-off evidence session on the work of the CCRC in January 2014, and then sought some views on the issues raised. The Committee subsequently decided to hold an inquiry on the CCRC, and launched it with a general call for evidence. The "real possibility" test, which requires that for a referral to be made there must be a real possibility that the conviction or sentence would not be upheld on appeal, was one of the most controversial aspects of the CCRC. The Committee found that criticisms broadly fell into one of three areas: that the test itself is wrong; that the test is being applied incorrectly by the CCRC; or that the Court of Appeal's approach to criminal appeals is overly restrictive. The Committee's considers each of these areas in turn. Critics of the test felt that it inherently prevents the CCRC from being truly independent of the Court of Appeal. The Committee concludes that any change would have to be in light of a change to the Court of Appeal's grounds for allowing appeals.

Author : Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser
Publisher : Oxford University Press
Page : 952 pages
File Size : 46,5 Mb
Release : 2019-02-22
Category : Law
ISBN : 9780190659868

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The Oxford Handbook of Criminal Process by Darryl K. Brown,Jenia Iontcheva Turner,Bettina Weisser Pdf

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Author : Melissa Bone,J J Child,Jonathan Rogers
Publisher : Bloomsbury Publishing
Page : 598 pages
File Size : 43,8 Mb
Release : 2024-05-02
Category : Law
ISBN : 9781509959198

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Criminal Law Reform Now, Volume 2 by Melissa Bone,J J Child,Jonathan Rogers Pdf

If you could change one part of the criminal law, what would it be? Following the success of the 1st volume, the same question is put to a new selection of leading academics and practitioners. The first eight chapters of the collection present their responses in the form of legal reform proposals, with topics ranging across criminal law, criminal justice and evidence – including corporate liability, consent to bodily harms, prostitution, domestic abuse, economic crimes, defendant anonymity, appeal court structures and the procedures of the Criminal Cases Review Commission. Each chapter is followed by a comment from a different author, providing an additional expert view on each proposal. Finally, the last two chapters broaden the debate to discuss criminal law reform in general, from the challenges of decriminalisation to exploring the systemic dynamics of centralisation, austerity and politicisation. The collection highlights and explores the current reform debates that matter most to legal experts, with each chapter making a positive case for change.

Author : Ed Johnston
Publisher : Taylor & Francis
Page : 177 pages
File Size : 42,6 Mb
Release : 2022-07-29
Category : Law
ISBN : 9781000619874

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Challenges in Criminal Justice by Ed Johnston Pdf

This collection examines contemporary challenges to the criminal justice system in England and Wales. The chapters, written by established academics, rising stars and practising lawyers, seek not only to highlight these challenges but to offer solutions. The book examines issues with legal assistance in the police station, concerns relating to juror decision making and problems in and presented by both virtual hearings and the advent of the Single Justice Procedure Notice. The work also examines challenges surrounding vulnerability in the criminal justice system. Here, diversity includes vulnerability in the criminal trial, neurodivergence as well as issues with diversity and marginalisation in the criminal justice system as a whole. The book also discusses matters centred around sexual offending – including the attrition rate in rape cases as well as the recent development of ‘vigilante’ paedophile hunters and their acceptance as a viable limb of the criminal justice system. Finally, the volume looks at the post-conviction stage and examines recent prison policy through the lens of the human rights of the prisoner. The closing chapter examines the independence of the Criminal Cases Review Commission and highlights how recent changes have undermined this. While focused on England and Wales, the topics discussed are of wider international significance and will be of interest to students, academics and policy-makers.

Author : Kent Roach
Publisher : Simon and Schuster
Page : 400 pages
File Size : 51,7 Mb
Release : 2023-04-18
Category : Law
ISBN : 9781668023662

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Wrongfully Convicted by Kent Roach Pdf

"A top legal scholar explains Canada's national tragedy of wrongful convictions, how anyone could be caught up in them, and what we can do to safeguard justice. Canada's legal system has a serious problem: a significant number of people are in prison for crimes they didn't commit. There are famous cases of wrongful convictions, such as David Milgaard, Guy Paul Morin, and Donald Marshall Jr., who were all innocent of the murders for which they were found guilty. But there are lesser-known cases that illustrate just how widespread our issues are, and how they put everyone at risk. Kent Roach, law professor, government advisor, and award-winning author, has dedicated his illustrious career to documenting this phenomenon. His work reveals that, yes, some people are found guilty of crimes they didn't commit. But also there are two other kinds of wrongful convictions: people who feel they have no option but to plead guilty, and people convicted of crimes that were imagined by experts or the police that never, in fact, happened. Wrongfully Convicted raises awareness of these issues and makes a compelling case that injustices cannot be solved by DNA exonerations alone. The problems run deeper. But there are solutions, including the creation of a permanent federal commission to evaluate and address wrongful convictions. Kent Roach's research and vast knowledge point to systemic failings in our legal system. But he also outlines changes we can make to ensure a more fair and equitable society. Until we do, many of the wrongfully convicted are still waiting for the promise of justice. It is an issue that affects all Canadians."--

Author : Liz Campbell,Andrew Ashworth,Mike Redmayne
Publisher : Oxford University Press, USA
Page : 527 pages
File Size : 46,6 Mb
Release : 2019-06-25
Category : Criminal investigation
ISBN : 9780198818403

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The Criminal Process by Liz Campbell,Andrew Ashworth,Mike Redmayne Pdf

"The Criminal Process offers an insightful and stimulating analysis of the key issues in criminal process and procedure, drawing on arguments from the law, research, policy, and principle to present an authoritative overview of this area of study. New to this edition: coverage of the issues relating to disclosure in criminal proceedings; an increased focus on corporate suspects, including analysis of deferred prosecution agreements; consideration of recent changes to stop and search policies and practices, and to police bail" -- page 4 of cover.

Author : Genevieve Lennon,Colin King,Carole McCartney
Publisher : Bloomsbury Publishing
Page : 512 pages
File Size : 42,8 Mb
Release : 2018-11-01
Category : Law
ISBN : 9781509915743

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Counter-terrorism, Constitutionalism and Miscarriages of Justice by Genevieve Lennon,Colin King,Carole McCartney Pdf

The purpose of this book is to honour the influential and wide-ranging work of Professor Clive Walker. It explores Professor Walker's influence from three perspectives. Firstly, it provides a historical reflection upon the development of the law and policy in relation to counter-terrorism and miscarriages of justice since the 1970s. This historical perspective, which is often overlooked, is particularly timely 17 years after 9/11 as trends become clearer and historical perspective even more valuable. So too with miscarriages of justice: while there was considerable public and political scrutiny following high-profile miscarriages such as the Birmingham Six, Guildford Four, and others, in the early 1990s, today there is much less scrutiny, despite significant concern relating to issues such as legal aid and access to justice increasing the potential (if not likelihood) for miscarriages to occur. By including a critical historical perspective, this book enables us to learn lessons from the past and to minimise contemporary risks of miscarriages of justice. Secondly, this book provides a critical analysis of the law and policy as it stands today, and its future trajectory. Applying Walker's theoretical and analytical contributions to the field, the authors focus on pressing contemporary concerns, identifying lacunae where relevant, as well as the possible, probable and preferable future trends. Finally, the book celebrates and recognises the significant contributions by Walker, with each chapter built around one or more of Walker's key works.

Author : Stephen R. Wilson,Steve Wilson,Helen Rutherford,Tony Storey,Natalie Wortley
Publisher : Oxford University Press
Page : 705 pages
File Size : 41,6 Mb
Release : 2016
Category : Justice, Administration of
ISBN : 9780198747949

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English Legal System by Stephen R. Wilson,Steve Wilson,Helen Rutherford,Tony Storey,Natalie Wortley Pdf

Clear, complete, and contextualized; this guide to the English legal system provides the strongest foundation for students at the start of their studies. Straightforward explanations of key topics are paired with learning features showcasing the law in its everyday context to give students a firm grasp on the fundamentals of the legal system.

Author : Jon Robins
Publisher : Taylor & Francis
Page : 189 pages
File Size : 43,6 Mb
Release : 2023-05-31
Category : Law
ISBN : 9781000880670

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Murder, Wrongful Conviction and the Law by Jon Robins Pdf

This collection brings together international experts to present a comparative analysis of wrongful conviction and criminal procedure. The volume takes an interdisciplinary approach with authors drawn from a broad range of backgrounds including law, psychology, forensics and journalism. All are experts in their field with direct experience of the investigation of wrongful conviction in their own countries. Focusing on the main areas of concern in their own jurisdiction, each author discusses common themes, including: the extent of the problem; the types of cases that feature in miscarriages of justice; the legal mechanism for the correction of a wrongful conviction; compensation for the wrongly convicted; public awareness and concern about the issue generally and in light of highprofile cases; and the extent to which wrongful conviction has driven criminal justice reform. The book will be essential reading for students, researchers and policy-makers interested in comparative law, criminology and psychology.

Author : Robert Hazell,Timothy Foot
Publisher : Bloomsbury Publishing
Page : 550 pages
File Size : 54,6 Mb
Release : 2022-11-03
Category : Law
ISBN : 9781509951451

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Executive Power by Robert Hazell,Timothy Foot Pdf

This book considers the function of the royal prerogative in the changing landscape of the British constitution. It explains each of the prerogative powers in separate chapters. It clarifies the respective roles of government, Parliament and the courts in defining the extent of prerogative powers, and in regulating their use. It also looks at which powers should be codified in statute, which should be regulated by convention, and which could be left at large. The book is very timely in contributing to current debates. The fevered parliamentary debates over Brexit thrust the prerogative centre-stage. Recent controversies have ranged from the role of Parliament in assenting to treaties, to the prorogation and dissolution of Parliament, to the grant or withholding of royal assent to bills. In their 2019 election manifesto, the Conservative Party stated that 'After Brexit we also need to look at the broader aspects of our constitution, the relationship between the Government, Parliament and the courts; the functioning of the Royal Prerogative...'. The book covers the whole range of prerogative powers, from going to war and ratifying treaties, appointing and dismissing ministers, regulating the civil service and public appointments, to the grant of honours and pardons and the issue of passports. Its 19 chapters provide a comprehensive guide to the operation of the prerogative – past, present, and future – together with suggestions for reform.

Author : Andrew Choo
Publisher : Oxford University Press
Page : 457 pages
File Size : 41,9 Mb
Release : 2018
Category : Evidence (Law)
ISBN : 9780198806844

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Evidence by Andrew Choo Pdf

Andrew Choo's 'Evidence' provides a lucid and concise account of the principles of the law of civil and criminal evidence in England and Wales. Critical and thought-provoking, it is the ideal text for undergraduate law students.

Author : Jacqueline S. Hodgson
Publisher : Oxford University Press
Page : 320 pages
File Size : 52,8 Mb
Release : 2020-03-16
Category : Social Science
ISBN : 9780190096632

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The Metamorphosis of Criminal Justice by Jacqueline S. Hodgson Pdf

In The Metamorphosis of Criminal Justice, Jacqueline S. Hodgson focuses on the potentially radical and fundamental changes taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, Hodgson then discusses how the roles of prosecution and defense have been re-shaped in different ways in both jurisdictions--both in the text of the law and in their practices. The final section considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and in particular, the role of the defense in these procedures. By adopting an empirical and comparative approach, this book explores the nature and reach of these trends and the ways that they challenge and disrupt criminal processes and values.

Author : Carolyn Hoyle,Mai Sato
Publisher : Oxford University Press
Page : 399 pages
File Size : 40,6 Mb
Release : 2019-01-10
Category : Law
ISBN : 9780192513434

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Reasons to Doubt by Carolyn Hoyle,Mai Sato Pdf

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 test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.

Author : David Goddard
Publisher : Bloomsbury Publishing
Page : 219 pages
File Size : 45,6 Mb
Release : 2022-07-14
Category : Law
ISBN : 9781509955381

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Making Laws That Work by David Goddard Pdf

This book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance. It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future. It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change. Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults. The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.

Author : Anonim
Publisher : Unknown
Page : 936 pages
File Size : 50,8 Mb
Release : 1998
Category : Legal services
ISBN : STANFORD:36105062246371

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Legal Action by Anonim Pdf