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Chapter

Cover Criminology Skills

5. Criminal law  

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.

Chapter

Cover The Criminal Process

12. Appeals, reviews, and retrials  

This chapter examines the appeals system, the most important purpose of which from the legal system’s point of view is the development and clarification of the law. Reviewing the law in this way allows the higher courts to exert some control over the lower courts and adds much to an understanding of the forces shaping the appeals system. From the point of view of litigants, appeals offer a chance to challenge a result they are unhappy with. The chapter discusses restrictions on appeal rights; challenging jury verdicts; due process appeals; post-appeal review of convictions by the Criminal Cases Review Commission; miscarriages of justice, prosecution appeals; and double jeopardy and retrials.

Chapter

Cover The Criminal Process

9. Pre-trial issues: disclosure and abuse of process  

This chapter reviews various procedural mechanisms to ensure that the eventual trial runs smoothly and fairly. In terms of facilitating the smooth running of the trial, it concentrates on ways of screening cases and clarifying some of the issues prior to trial. The disclosure of evidence is a fraught matter in this regard, with an impact on fairness as well as efficiency. In terms of ensuring that the defendant is not subjected to an unfair trial, it examines some question that arise under the broad heading of abuse of process, concentrating on issues of delay and the entrapment doctrine.