This chapter, which examines the nature, function, and legal framework of inquiries, also discusses the inquiry process and the effectiveness of inquiries. Inquiries have been widely criticised due to their chequered history—one that has been characterised by lengthy proceedings, high costs, and reports which have sometimes met with public dissension over the correctness of the conclusions reached or indifference from the government. They are also accused of being susceptible to manipulation by the government for its own political ends. Nevertheless, inquiries are an important mechanism for undertaking a detailed investigation into an issue of public concern and for holding government accountable.
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Chapter
Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting
This chapter highlights the most significant features of investigation and trial procedure before international criminal courts. It assesses how fairness has been balanced with effectiveness in the unique and challenging context of conflict or post-conflict environments.
Chapter
Angus Nurse
This chapter assesses victimology, which has become an important sub-discipline within criminology. Victimology includes the study of victimisation as well as the challenges of legal and institutional definitions of the ‘victim’. Discussions include debates concerning victims’ rights and activism and how victimhood has come to be understood and responded to. The chapter then considers both narrow and wider ideas of victimisation, and examines whether and how criminal justice processes and public policy have developed in response to victims’ needs. While victims are really the people who the criminal investigation and trial are meant to serve, they are often not part of the process. The chapter also looks at a key part of victimology, which is the use of statistical evidence on the levels of victimisation.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 2 of the European Convention on Human Rights, which imposes on the state the general duty of protecting ‘everyone’s right to life’. Article 2 specifically states that the first duty of states is to protect the physical security of all those within their jurisdiction. It describes the only purposes for which the intentional use of force can be lawfully justified. In interpreting and applying Article 2, the European Court of Human Rights has identified and developed a number of general principles to which the domestic laws of signatory states must adhere—in particular the duty to investigate deaths for which the state is responsible. These principles are discussed in detail in the chapter.
Chapter
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter the absolute ban on torture and inhuman or degrading treatment that Article 3 requires. The basic terms (torture and inhuman and degrading treatment and punishment) are defined. The absolute nature of the ban is discussed. The chapter also discusses the broad nature of state responsibility to prevent suffering that is severe enough to violate Article 3. Article 3 creates limits to what is acceptable as punishment and, more importantly, applies in a wide range of situations for which the state has responsibility in respect to otherwise lawful activity not involving an intention to harm.
Chapter
Legal representatives who are new to practice are expected initially to assist in clients’ cases and ultimately to handle their own files. In every new matter for every client, their professional conduct duties, particularly client care issues, should be at the forefront of their mind as a legal representative before proceeding to undertake any work for the client. This chapter focuses on professional conduct issues; client care; money laundering requirements; the first meeting with the client; and initial investigations. The chapter includes details of the Consumer Contracts Regulations 2013 and a range of applicable examples.
Chapter
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter examines the criminal justice system (CJS). The CJS is built upon procedural, evidential, and substantive foundations. These foundations dictate its direction and progression. A case will always begin with an investigation by the police or some other investigatory body. An individual may then be charged with an offence where he/she is provided with the option of pleading guilty or not guilty. Trial may follow. Where the defendant’s case will be tried depends on the type of offence in question and, in some cases, the decision of the defendant. A convicted person may appeal against either conviction or sentence for which the defendant will be required to prove why they either should not have been convicted, or why their sentence should be reduced.
Chapter
This chapter examines the institution of the ombudsman, its origins, the conditions of access and the jurisdiction of the parliamentary, health service and local government ombudsmen and the key ideas of maladministration and injustice. It also reviews how ombudsmen handle and resolve complaints and seek improvements by public bodies in their handling of complaints, and the learning of lessons, as well as considering the outcome of investigations and remedies recommended by the ombudsman. Finally, the chapter discusses the process developed by the ombudsmen in dealing with complainants dissatisfied with the service they have received and how the courts deal with the judicial reviews brought against ombudsmen by complainants. Note is also made of the research on judicial reviews brought against these ombudsmen.
Chapter
This chapter describes how competition law addresses oligopoly, tacit collusion and collective dominance. This chapter is concerned with the related topics of oligopoly, tacit collusion and collective dominance. Oligopoly exists where a few firms between them supply all or most of the goods or services on a market without any of them having a clear ascendancy over the others. This chapter begins with discussion of the theory of oligopolistic interdependence and of the possible ways of dealing with the ‘oligopoly problem’. It then considers the extent to which Articles 101 and 102 can be used to address that problem. The chapter also discusses UK law and, in particular, the possible use of market investigations to address market failure that may arise in oligopolies.
Book
Sandra Marco Colino
Competition Law of the EU in the UK provides an introduction to the field of competition law and relates it to the situation of the UK within the EU. It starts by looking at competition law in the EU and UK. It considers international issues and the globalization of competition law. In addition, it looks at procedure in terms of investigation, penalties, leniency, and private enforcement. It considers article 101 TFEU. It also explains the economics of merger control, looking at both the EU and UK merger control regime and the treatment of joint ventures. Finally, it considers state aid, the relationship between competition law and intellectual property and the common law and competition.
Chapter
This chapter discusses market studies and market investigations. Market studies and market investigations are tools available to the Competition and Markets Authority (CMA) in the event that a market failure is identified in a specific market. Market studies examine the causes of specific markets not working well for consumers, and make specific proposals for improvement. A market investigation reference is a feature of UK law by virtue of which a market ‘failing’ to operate competitively as a whole may be investigated by the CMA. The CMA has very wide powers to order changes to the way the market operates, or to accept undertakings to remedy defects. No penalties may be imposed for past behaviour, and no rights arise for third parties in relation to conduct found to be in need of change.
Chapter
Benjamin Bowling, Robert Reiner, and James Sheptycki
The chapter outlines seven ideal-typical models for thinking about the politics of police. The models are not mutually exclusive and can be combined to form complex descriptions of theoretical relations. They rest on a variety of conceptual distinctions. Crime control and due process; high and low policing; police force and police service; organizational structure and officer discretion; state, market, and civil society; police knowledge work, investigation and intelligence; and the democratic, authoritarian, and totalitarian politics of policing are all discussed. The police métier is discussed a set of habits and assumptions that envisions only the need to control, deter, and punish. It has evolved around the practices of tracking, surveillance, keeping watch and unending vigilance, and the application of force, up to and including fatal force. The chapter concludes that these seven models for thinking about police and policing facilitate micro-, meso-, and macro-level analysis.
Chapter
Martin Hannibal and Lisa Mountford
This chapter considers the process of detention, questioning, and charging of the suspect. It discusses the rights of a volunteer at the police station; action immediately following arrest; the role of the custody officer; detention without charge; reviewing a suspect’s detention; the suspect’s right to intimation and/or legal advice; other rights and safeguards enjoyed by the suspect whilst in detention; the treatment of vulnerable suspects; interviewing the suspect; the requirement to caution; the elements of a fair interview; how an interview should be recorded; release pending further investigation and charging a suspect.
Chapter
Mark Elliott and Jason Varuhas
This chapter examines the role of the ombudsmen in the administrative justice system. It first traces the origins of the ‘public sector ombudsmen’, including the Parliamentary Ombudsman, in the UK. It then considers the need for and the functions of the ombudsmen, along with the place of the ombudsmen in a changing administrative landscape. It also discusses bodies and matters subject to investigation by the Ombudsman based on the Parliamentary Commissioner Act 1967, including ‘maladministration’, and the Ombudsman's discretion to investigate. Finally, the chapter reviews the conduct and consequences of the Ombudsman's investigations, paying attention to judicial review of the ombudsmen's conclusions, and institutional matters pertaining to the ombudsman system.
Chapter
Martin Hannibal and Lisa Mountford
This chapter considers the following: the dangers of eye-witness identification; how identification evidence is obtained by the police during the police investigation; the pre-trial safeguards contained in the identification procedures under Code D of the Police and Criminal Evidence Act 1984 (PACE); the admissibility of eye-witness evidence obtained in breach of Code D; obtaining fingerprints, intimate and non-intimate samples at the police station; DNA evidence and identification evidence given by expert witnesses.
Chapter
Darrick Jolliffe and Katherine M. Auty
This chapter discusses the key concepts of Developmental and Life-Course Criminology (DLCC). It explains that DLCC is the result of the integration of developmental research, informed by psychology, individual differences and human development, with life-course research. The DLCC framework integrates all criminological investigation that brings a new perspective into the way antisocial and criminal behaviour starts, escalates, and concludes. The results of DLC research have been used to inform the content of developmental prevention programmes, such as associating impulsivity with an increased likelihood of later offending. The chapter tackles developmental and life-course theories that explain the main focus of the DLC research, which includes the social development model (SDM).
Chapter
N V Lowe, G Douglas, E Hitchings, and R Taylor
This is the first of two chapters discussing child protection issues—what is often called the public law concerning children. Chapter 17 begins with a consideration of the basic dilemmas of child protection followed by an overview of the development of local authority powers. It explains the current basic legal framework and provisions for local authorities to provide services for families; specific duties and powers; accommodating children in need; and secure accommodation. The chapter ends by focusing on the local authorities’ investigative powers and duties. It covers the general duty of investigation under s 47 of the Children Act 1989; co-operating with other agencies to discharge investigative duties; emergency protection orders; child assessment orders; and police protection.
Chapter
This chapter describes the UK system of market studies and market investigation references. It begins by describing the CMA’s ‘general function’ of gathering information about markets, followed by an explanation of what is meant by a ‘super-complaint’. It examines the purpose, procedure and outcomes of market studies, including possible outcomes. Market studies sometimes lead to market investigation references, although there are several other possible outcomes of a market study. The chapter describes the making and determination of analyses and the market investigation provisions under Part 4 of the Enterprise Act 2002. Having briefly considered public interest cases, enforcement and other supplementary matters, the chapter discusses how the market investigation provisions have been working in practice. The final section of the chapter briefly refers to the enforcement and review of undertakings and orders still in force under the monopoly provisions in the former Fair Trading Act 1973.
Chapter
This chapter explains the public enforcement of Articles 101 and 102 by the European Commission and the national competition authorities (‘the NCAs’) under Regulation 1/2003. It begins by describing the Commission’s powers of investigation and enforcement, including its power to accept commitments, its leniency programme, the cartel settlement procedure and its power to impose financial penalties. It then discusses the operation of Regulation 1/2003 in practice, with particular reference to the European Competition Network (‘the ECN’) that brings together the Commission and the NCAs. The chapter concludes by providing a brief account of judicial review of the Commission’s decisions.
Chapter
This chapter examines the case-law of the Strasbourg Court related to the right to life. This includes cases concerning the death penalty and the extraterritorial application of the right to life, the prohibition of intentional killing by the State, including deaths in custody and forced disappearances, positive obligations to protect life, the duty to investigate deaths, medical termination of pregnancy and the rights of the unborn child, quality of life and end of life issues, such as euthanasia. The chapter suggests that after a slow start the body of judgments concerning the right to life has become one of the richest and most dynamic of all the Convention case-law.
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