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Chapter

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Chapter

Martin Hannibal and Lisa Mountford

This introductory chapter briefly sets out the volume’s purpose, which is to explain the legal, procedural and evidential rules governing how cases are dealt with by the criminal justice system. It then explains the philosophy of the text and its unique features; introduces the key personnel and organisations within the criminal justice system; introduces the Criminal Procedure Rules; explains the classification of offences according to their trial venue; summarizes the jurisdiction of the criminal courts; stresses the importance of the pervasive issue of human rights; and highlights professional conduct considerations in the context of criminal litigation.

Chapter

This chapter provides a general overview of the structure and workings of the different types of international criminal courts and tribunals. It first introduces the basic types of international criminal tribunal as well as the advantages and disadvantages of each. It then outlines the forms of jurisdiction; considers in more detail the ways in which the jurisdiction of the International Criminal Court (ICC) may be engaged and the limitations which are inherent in its statute on when it may proceed with an investigation or trial; and examines the structure of the ICC as a representative international criminal tribunal, which is internally divided into judicial, prosecutorial, and administrative organs.

Chapter

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter explores the aims and scope of the criminal law; and the criminal justice system within which it is used. Criminal law refers to the behaviour that makes a person liable to punishment by the state. The Principles of Criminal Law is helpful in evaluating the criminal law through the determination of key principles. Appeals from magistrates’ courts are mostly heard in the Crown Court. The Court of Appeal analyses how the trial judge summarised the case to the jury to establish whether the conviction is ‘safe’. The European Convention is integrated into domestic law by the Human Rights Act 1998. The advantages of codification are outlined by the Law Commission. It is noted that most English-speaking countries have a codified system of criminal law.

Chapter

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.

Chapter

This chapter looks at the purposes and principles of international criminal law. International criminal law seeks to ensure that perpetrators of certain heinous acts are criminally liable for their acts, either before national or international criminal courts or tribunals. It is a fairly recent addition to international law and it was not until after the end of the Second World War that it became accepted that international law authorizes the criminal prosecution of individual perpetrators of serious offences. The chapter begins by discussing the most important sources of international criminal law. It then examines the prosecution of international crimes before international criminal courts, including the conditions for prosecuting suspected international criminals before the International Criminal Court. It also discusses the national prosecution of international crimes and the obligation found in a number of conventions to criminalize and prosecute certain conduct.

Chapter

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter introduces the various sources of law before proceeding onto a discussion of the courts of England and Wales. The courts of England and Wales can be divided into numerous different classifications. There are three different ways that courts may be classified: criminal and civil courts, trial and appellate courts, and superior and inferior courts. In England and Wales, there is often thought to be a stark divide between criminal and civil courts. Criminal courts deal with individuals who have ‘allegedly’ committed a criminal offence and it is the role of the arbiters of fact to determine the guilt or innocence of a defendant based on the evidence presented before them. On the other hand, civil courts deal primarily with the resolution of private disputes between individuals. Such disputes can include matters of contract law, personal injury, and family law. However, the jurisdiction of some courts is not limited to one area of law, but rather is approachable for both substantive areas of law.

Chapter

This chapter first considers the functions of the courts and questions whether there are other, more symbolic functions at play than finding the truth. It then outlines the court system, looking to both magistrates' courts and the Crown Court, and explores the composition of both courts, the types of cases that they deal with, and their role. To examine a particular decision made within the criminal courts, the chapter looks at the mode of trial decision. It concludes by asking whether the reality of the courts lives up to the rhetoric of trial by jury as the pinnacle of due process protections.

Book

Martin Hannibal and Lisa Mountford

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Book

Lisa Mountford and Martin Hannibal

Criminal Litigation offers a guide to the areas of criminal litigation covered in the Legal Practice Course. Making use of realistic case studies backed up by online documentation, the text combines theory with practical considerations and encourages a focus on putting knowledge into a practical context. The volume covers all procedural and evidential issues that arise in criminal cases. The more complex areas of criminal litigation are examined using diagrams, flowcharts, and examples, while potential changes in the law are highlighted. This edition has been fully revised to reflect the most recent law and practice in all aspects of criminal litigation.

Chapter

This chapter explains the two main sources of criminal law in the UK: legislation, that is, Acts of Parliament (or statutes), and case law. It discusses the process by which Acts of Parliament come into existence; European Union legislation and the European Convention on Human Rights; criminal courts in which cases are heard and the systems of law reporting; how to find legislation and case law using various online resources; and how to find the criminal law of overseas jurisdictions.

Book

Edited by Anthea Hucklesby and Azrini Wahidin

Criminal Justice provides a thought-provoking and critical introduction to the challenges faced by the UK's criminal justice system, including policing, sentencing, and punishment at the beginning of the twenty-first century. Expert contributors, including criminologists and lawyers, provide students with a critical introduction to issues, institutions, and agencies that shape the operation of the criminal justice system. The book provides students from a range of disciplines including criminology, law, sociology, psychology, and social policy with knowledge and understanding of the key areas of the subject and an appreciation of contemporary debates, policies, and perspectives. Each chapter features questions, summaries, tables, diagrams, annotated further reading, and weblinks to ensure the book is as accessible and engaging as possible, and provides clear guidance on further study. An illuminating glossary of key terms is also included. In this second edition: all chapters have been completely revised and updated; a new chapter has been included on the policy landscape of criminal justice; additional material has been incorporated into two chapters on the police and policing; and a new chapter on the criminal courts has been included, as have additional chapters on innovative aspects of criminal justice, and science and psychology in criminal justice. This title is accompanied by an Online Resource Centre containing an online version of the glossary of key terms and annotated web links.

Chapter

This chapter deals with international criminal procedure, focusing on the International Criminal Court (ICC). It first introduces international criminal procedure and the various parties involved in the process (judges, prosecutors, suspects or accused persons, and witnesses and victims). It then examines the pre-trial phase of proceedings, including criminal investigation, the decision to prosecute, and the role of the document specifying the charges (called an ‘indictment’ by some courts and national systems). Next, the chapter provides an overview of the trial phase and examines the role of guilty pleas, evidence (and its pre-trial disclosure), and the conduct of trial proceedings.

Chapter

This chapter examines appeal procedures. It discusses the values that should underpin appellate procedures; appeals from the magistrates' courts; appeals from the Crown Court to the Court of Appeal; and the role of the Criminal Cases Review Commission in referring cases back to the appeal courts once normal appeal rights are exhausted.

Chapter

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter begins with a discussion of the two main features that characterize international crime. It then explains the objective structure of international crime, which divides these crimes into conduct; consequences; and circumstances. This is followed by discussions of the mental element of international criminal law; intent; special intent (dolus specialis) recklessness or indirect intent, knowledge, culpable or gross negligence, the mental element in the International Criminal Court Statute, and judicial determination of the mental element.

Chapter

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter begins with a discussion of the notion of war crimes. It then covers the criminalization of the serious violation of a rule of international humanitarian law; the objective and subjective elements of war crimes; the nexus with armed conflict; and war crimes in the International Criminal Court Statute.

Chapter

This chapter addresses the prosecution of crimes in international criminal courts according to international—not national—criminal law. International law has long recognised that certain conduct, for example piracy and slavery, are crimes against international law which may be tried by international bodies or by any State. This principle has been expanded to cover more substantive crimes. International mechanisms for criminal accountability may be established where national courts have failed or are unable to try offenders due to a lack of political will, insufficient resources, deficiencies in national law, and/or ongoing conflict. The establishment and jurisdiction of the existing international criminal tribunals, including the International Criminal Court, are considered.

Chapter

This chapter focuses on the criminal trial itself which is the focal point of criminal procedure. The rules governing trials therefore shape the decisions made by the police and prosecutors. The trial remains important because defendants’ decisions on whether or not to plead guilty are often informed by what they believe to be the probability of conviction. The chapter considers the courtroom processes and raises questions about the roles of judge and jury. The chapter also discusses the modes of trial; the Crown Court trial; and confrontation and the protection of witnesses all of which are closely connected to issues of procedural fairness.

Chapter

This chapter discusses the development of international criminal law and institutions, international criminal courts and tribunals, and international criminal justice in national courts. These developments respond to but also reflect repeated failures to prevent serious violations of human rights and international humanitarian law. The work of the International Criminal Court, specialized criminal tribunals and ‘hybrid’ tribunals is outlined.

Chapter

This chapter examines the powers of criminal courts to make a mental health-based disposal rather than relying on the options available within the criminal justice and penal system when faced with a mentally disordered person accused or convicted of a crime. It considers the practical shape of diversion policy, in terms of a series of decisions made by criminal courts, at the various stages of the criminal process, as to whether an accused or convicted person should remain within the criminal justice system or instead be diverted into the mental health system.