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Chapter

Cover International Law

15. International criminal law  

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

Cover International Criminal Law

4. Jurisdiction and structure of international criminal courts and tribunals  

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

Cover International Law

15. International criminal law  

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

Cover English Legal System Concentrate

2. Introduction to Sources of Law and Court Structure  

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

Cover Criminal Justice

5. Courts and the trial process  

Steven Cammiss

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

Cover Criminal Justice

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

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 International Criminal Law

5. Investigations, prosecutions, evidence, and procedure  

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

Cover Cassese's International Criminal Law

3. The Elements of international crimes, in particular the mental element  

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

Cover Cassese's International Criminal Law

4. War crimes  

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

Cover The Criminal Process

11. The trial  

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

Cover Cases & Materials on International Law

14. International Criminal Law  

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

Cover Brownlie's Principles of Public International Law

30. International criminal justice  

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

Cover Mental Health Law: Policy and Practice

8. Mental Disorder and Criminal Justice  

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.

Chapter

Cover The English Legal System

13. Pre-Trial Matters  

Alisdair A. Gillespie and Siobhan Weare

This chapter on the criminal justice system focuses on preliminary issues, i.e. some of the issues that take place before trial begins. A prosecution begins at the earliest stage through a defendant being charged by the police but under the authority of the Crown Prosecution Service (CPS). The CPS must then review the decision to prosecute, which requires the CPS to have reference to two prosecution tests (evidential and public interest tests). The CPS has the ability to issue out of court disposals in appropriate cases as alternatives to prosecution. If a prosecution does take place it is necessary to identify in which court the proceedings will be heard. Crimes are divided into three categories: summary, indictable-only, and either-way. Criminal matters are heard in the magistrates’ court and the Crown Court and the categorization of offences has an impact on where the matter should be heard.

Chapter

Cover The English Legal System

13. Pre-Trial Matters  

This chapter on the criminal justice system focuses on preliminary issues, i.e. some of the issues that take place before trial begins. A prosecution begins at the earliest stage through a defendant being charged by the police but under the authority of the Crown Prosecution Service (CPS). The CPS must then review the decision to prosecute, which requires the CPS to have reference to two prosecution tests (evidential and public interest tests). The CPS has the ability to issue out-of-court disposals in appropriate cases as alternatives to prosecution. If a prosecution does take place, it is necessary to identify in which court the proceedings will be heard. Crimes are divided into three categories: summary, indictable-only, and either-way. Criminal matters are heard in the magistrates’ court and the Crown Court and the categorization of offences has an impact on where the matter should be heard.

Chapter

Cover International Criminal Law

11. Aggression  

This chapter focuses on the crime of aggression. It first traces the historical development crime of aggression. It then addresses the question of who can be considered a perpetrator of the crime; outlines the manner in which the crime can be committed; examines the controversial question of how ‘aggression’ is to be defined for the purposes of the offence; and distinguishes between aggression and lawful uses of military force in international law. The remainder of the chapter discusses some controversial cases of the use of force and whether they might constitute aggression; outlines the mental element required; explains the applicable law before the International Criminal Court (ICC); and explores the possibility of prosecuting acts of aggression before national courts.

Chapter

Cover The English Legal System

14. Those in Court  

Alisdair A. Gillespie and Siobhan Weare

This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter also explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Chapter

Cover The English Legal System

14. Those in Court  

This chapter focuses on the people who are present during criminal trials. It considers those in summary trials in magistrates’ court (magistrates, justices’ clerks/legal advisors, lawyers, and the defendant). It also considers those who are present in the Crown Court during a trial on indictment (the judge, the jury, lawyers, court clerks, the stenographer, the usher, and the defendant). The chapter then explores how lawyers for the defence are funded under the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Chapter

Cover Legal Systems & Skills

3. The court system of England & Wales  

Scott Slorach, Judith Embley, Peter Goodchild, and Catherine Shephard

This chapter outlines the courts and tribunals system of England & Wales, first explaining key themes and concepts that are essential for understanding the structure and mechanics of English courts and tribunals. It then discusses the criminal courts and civil courts of England and Wales; it then focusses on other courts and forums that have significance in the English legal system, but which are not part of the English court system. The most significant of these are the European Court of Human Rights and the European Court of Justice, and alternatives to litigation (alternative dispute resolution, arbitration, Ombudsmen, and negotiation).