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Chapter

Cover The Modern Law of Evidence

15. Confessions  

This chapter discusses the admissibility of confessions under the Police and Criminal Evidence Act 1984 (the 1984 Act). It considers how, under s 76(2) of the 1984 Act, confessions may be excluded as a matter of law where obtained by oppression or in consequence of something said or done which was likely to render any such confession unreliable. It also considers the discretion to exclude confessions under s 78(1) of the 1984 Act; the effect of breaches of the Codes of Practice issued under the 1984 Act; the voir dire; statements made in the presence of the accused; and facts discovered in consequence of inadmissible confessions.

Chapter

Cover Criminal Law

6. General defences  

Michael J. Allen and Ian Edwards

Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses general defences of duress, necessity, and private defence and prevention of crime. Duress relates to the situation where a person commits an offence to avoid the greater evil of death or serious injury to himself or another threatened by a third party. Necessity relates to the situation where a person commits an offence to avoid the greater evil to himself or another, which would ensue from objective dangers arising from the circumstances in which he or that other are placed. An accused charged with a violent offence may seek to plead that he acted as he did to protect himself, or his property, or others from attack; or to prevent crime; or to effect a lawful arrest.

Chapter

Cover Cassese's International Law

12. International State Responsibility for Wrongful Acts  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The chapter begins by discussing the history of the codification of the law of State responsibility. It then considers the current regulation of State responsibility, by distinguishing the ‘ordinary’ legal regime and the ‘aggravated’ State responsibility, and goes on to explore the main differences between the two regimes. It focuses on the elements of the internationally wrongful act, particularly on the attribution of conduct to a State and the relevance of fault and damage. In addition, it examines the circumstances which preclude wrongfulness and the consequences of the internationally wrongful act (with particular reference to the obligation to provide reparation).

Chapter

Cover Brownlie's Principles of Public International Law

25. The conditions for international responsibility  

This chapter discusses the basis and character of state responsibility, attribution to the state, breach of an international obligation, and circumstances precluding wrongfulness. This chapter focuses on the articulation of the law of responsibility through the ILC’s Articles on Responsibility of States for Internationally Wrongful Acts.

Chapter

Cover Criminal Law Directions

14. Defences II: general defences  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores the remaining general defences: self-defence, protection of another, and the prevention of crime, duress, duress of circumstances, and necessity. A defendant may rely on self-defence where he honestly believes that use of force is necessary in order to protect him and the force used is reasonable. The issue of duress arises where the defendant is threatened that he must commit a criminal offence or suffer physical injury or injury to his family. Duress excuses a defendant’s behaviour as a concession to human frailty, whereas necessity justifies it. Necessity does not require a threat made by a person of death or physical injury, but merely a choice between two evils.

Chapter

Cover International Law

7. State responsibility  

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.

Chapter

Cover Brownlie's Principles of Public International Law

12. Maritime delimitation and associated questions  

This chapter discusses international law governing territorial sea delimitation, continental shelf delimitation (including beyond 200 nm), exclusive economic zone delimitation, and the effect of islands upon delimitation.

Chapter

Cover International Law

7. State responsibility  

This chapter discusses the international law of responsibility as primarily reflected in the 2001 International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts. It opens in Section 7.2 with an overview of some of the core principles and elements of state responsibility for wrongful acts. Section 7.3 discusses the issue of state attribution before Section 7.4 examines joint and collective responsibility. Section 7.5 discusses the various circumstances that may preclude the wrongfulness of conduct otherwise in violation of a (primary) legal obligation. Section 7.6 looks into the consequences of state responsibility while Section 7.7 discusses who may be entitled to invoke state responsibility. Section 7.8 examines the rules on diplomatic protection and Section 7.9 provides a brief overview of the responsibility of international organizations.

Book

Cover Complete Criminal Law

Janet Loveless, Mischa Allen, and Caroline Derry

Complete Criminal Law offers a student-centred approach to the criminal law syllabus. Clear explanations of general legal principles are combined with fully integrated extracts from leading cases and a wide range of academic materials. This text aims to engage the reader in an active approach to learning and to stimulate reflection about the role of criminal law, offering a complete guide to the LLB/GDL criminal law syllabus with extracts from key cases, academic materials, and explanatory text integrated into a clear narrative. It provides a range of pedagogical features, including concise summaries, diagrams, and examples. Thinking points are included to facilitate and reinforce understanding. Students are referred to the social and moral context of the law, wherever relevant, to encourage them to engage fully with the topical subject matter. This new edition includes coverage of several recent cases of importance including: R v Aidid [2021] (voluntary intoxication), Barton and Booth [2020] (dishonesty), Broughton [2020] and Long, Bowers and Cole [2020] (involuntary manslaughter), Damji [2020] (strict liability: reasonable excuse), Dawson [2021] and Singh [2020] (loss of control), DPP v M [2020] (defence of compulsion), Ivor and Others v R [2021], Lawrance [2020], and Attorney-General’s Reference (Section 36 of the CJA 1972) (No 1 of 2020) [2020] (sexual offences), Lanning and Camille [2021] (joint venture: overwhelming supervening act), Martins [2021] (appropriation in robbery), MS [2021] (proximity in attempt), Pwr v DPP [2022] (strict liability), Thacker and others [2021] (necessity: political protest), Williams (Demario) [2020] (self-defence: defence of property) and the Domestic Abuse Act 2021 (coercive control, strangulation, consent).