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Chapter

This chapter discusses how developments in criminal justice have affected suspects' rights; different types of victims' ‘rights’; whether victims have (legally) enforceable rights; and enhancing victims' rights without eroding defendants' rights.

Chapter

This chapter discusses how developments in criminal justice have affected suspects’ rights; different types of victims’ ‘rights’; whether victims have (legally) enforceable rights; and enhancing victims’ rights without eroding defendants’ rights. It concludes with an overview of the impact of neoliberalism, the extent to which the system incorporates the ‘core values’ it ostensibly subscribes to, and how to make criminal justice more freedom-enhancing.

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. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy.

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. The law of evidence regulates what evidence may be admitted at trial and under what conditions such admissible proofs are to be admitted. This chapter discusses the following: the respective functions of judge and jury; the concept of relevance; the so-called ‘best evidence principle’; matters of which proof is unnecessary; judicial findings as evidence; prejudicial evidence, unfairly obtained evidence, and suspect witnesses; and evidence excluded as a matter of public policy—notably, intercepted communications under the Investigatory Powers Act 2016.

Chapter

In order to investigate a criminal offence, the police may need to stop and search, arrest, detain, and/or question a suspect. This chapter explains the key rules that govern the exercise of police powers. The use of stop and search powers, in particular, has long been controversial as there is evidence that black and Asian people are more likely to be stopped than white people. The chapter also considers powers of arrest and the way in which arrests should be carried out, as well as minimum rights and standards for the detention and questioning of suspects under the Police and Criminal Evidence Act (PACE) Codes of Practice. The chapter concludes with a discussion of the factors that are considered when deciding whether to charge a suspect with a criminal offence.

Chapter

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

This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

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

Martin Hannibal and Lisa Mountford

This chapter explains the substantive law governing a defendant’s silence at the police station under ss. 34, 36, and 37 Criminal Justice and Public Order Act (CJPOA) 1994. It covers the risks associated with s. 34 CJPOA 1994; drawing inferences from a failure to account under ss. 36 and 37 CJPOA 1994; and the practical aspects associated with remaining silent.

Chapter

Alisdair A. Gillespie and Siobhan Weare

This chapter examines the investigation of crime. It begins with a discussion of how law enforcement is organized, exploring the role of agencies such as the police, the National Crime Agency, and HM Revenue and Customs, amongst others. It then critically considers police powers around stop and search and arrest and detention, before moving on to examine the rights of suspects in police custody, particularly in relation to interview.

Chapter

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flow charts. This chapter discusses supporting evidence, which is variously referred to in textbooks as hazardous evidence, supporting evidence or safeguards against unreliability and error. Supporting evidence encompasses types of evidence that might intrinsically be of questionable reliability and, therefore, require supportive evidence. Key areas are disputed identification and lies told by the defendant. It is important to be familiar with the two distinct ways that the reliability of identification evidence is enhanced: first, the judge should issue the Turnbull guidelines; and, secondly, Code D of the Codes of Practice of the Police and Criminal Evidence Act 1984 should be followed in relation to identification procedures.

Chapter

This chapter discusses the corroboration rule and the practice of suspect witness warnings. It covers the meaning and function of corroboration; the fact that there is no general requirement for corroboration at common law and that a conviction or judgment may be based on the evidence of a single witness; where corroboration is required as a matter of law; the abolition of the rule of practice requiring the judge to direct the jury to exercise caution before convicting in the absence of corroboration; the development of suspect witness warnings; cases in which a suspect witness warning is required; and suspect witness warnings and confirming evidence.

Book

Andrew Sanders, Richard Young, and Mandy Burton

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales, as well as thought-provoking insights into how it might be altered and improved. Tracing the procedures surrounding the apprehension, investigation, and trial of suspected offenders, this book is the ideal companion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including recent terrorism legislation and the Criminal Justice and Immigration Bill. Students are aided by the addition of a new Online Resource Centre that directs them to related cases and current events, successfully highlighting the importance and ever-changing nature of the subject. In this, the book's fourth edition: an experienced new co-author, Dr. Mandy Burton, joins the writing team; the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is informed by the authors' own specialist research into penalty notices for disorder and integrated domestic violence courts.

Book

Lucy Welsh, Layla Skinns, and Andrew Sanders

Criminal Justice provides a comprehensive overview of the criminal justice system in England and Wales (excluding punishment), as well as thought-provoking insights into how it might be altered and improved and research that might be needed to help accomplish this. Tracing the procedures surrounding the appre-hension, investigation, trial and appeal against conviction of suspected offenders, this book is the ideal com-panion for law and criminology students alike. As the authors combine the relevant legislation with fresh research findings and policy initiatives, the resulting text is a fascinating blend of socio-legal analysis. Whilst retaining its authoritative treatment of the issues at the heart of criminal justice, the book has been fully updated with recent developments, including terrorism legislation and the initial Covid-related restrictions introduced in early-mid 2020. In this, the book’s 5th edition: two experienced new co-authors, Dr Layla Skinns and Dr Lucy Welsh, join Andrew Sanders (Richard Young having decided, 25+ years after the 1st edition, to do other things); the text features chapter summaries and selected further reading lists to support the student and encourage further research; the content of the book has been fully updated to include coverage of new legislation, case law, research and policy developments; and the text is enriched by the new authors’ specialist research into accountability, police custody, magistrates’ courts and criminal legal aid. The theoretical structure of the earlier editions is retained, but developed further by consideration of ‘core values’ in criminal justice and the impact of neoliberalism.

Chapter

This chapter is concerned with the powers given to the police in order to investigate offences effectively, the limits to those powers, and the circumstances in which they may be exercised. It is concerned in particular with police powers to search, arrest, detain, and question suspects. The chapter also looks at the consequences that may follow when the police misuse their powers or break the rules. In relation to police interviews, it considers both the rules that protect suspects and the extent to which the right to silence has been eroded. Finally, the chapter examines who decides whether to bring a prosecution against a particular suspect and the criteria that are taken into account in making that decision.

Chapter

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

Chapter

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

Chapter

This chapter examines the effectiveness of the checks, controls, and safeguards provided for suspects in police detention, including for suspects considered to be vulnerable by the police. It also evaluates the effect of the European Convention on Human Rights and the Human Rights Act 1998. The discussions cover the powers and duties of custody officers and detention officers; length of detention without charge; suspects’ rights including the right to legal advice and the rights of vulnerable suspects; the purpose of and experiences of police detention; and deaths in police custody.

Chapter

This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act (CJPOA)1994. It then concentrates in some detail on identification evidence concerned with the Turnbull directions and the provisions of Code D Police and Criminal Evidence Act (PACE) 1984. The extent to which the defendant’s lies may constitute evidence of guilt is explained, along with a review of Lucas directions. It continues with a review of the various procedural aspects of examination and cross-examination. The chapter concludes with a discussion of the rules on cross-examination of complainants in sexual cases on their previous sexual history along with the case law under s41 Youth Justice and Criminal Evidence Act (YJCEA)1999.