This work provides a full and systematic analysis of the impact of UK human rights law on both the substantive criminal law and criminal procedure. Written by the leading authorities on the subject it offers definitive guidance. It examines first the applicable human rights principles before moving on to consider their impact on specific areas, including the investigation of crime, court procedure, evidence, standards of proof, sentencing, appeals and the rights of victims. Coverage includes detailed analysis of the practical impact of the Human Rights Act 1998, especially the extensive case law. * The foremost guide for UK criminal practitioners showing how their work is affected by Human Rights considerations * Combines analysis of theory and principles with practical guidance * Deals in turn with the practical impact of human rights principles on each area of criminal practice * Examines the wealth of recent case law from the UK and Strasbourg courts that has shaped this area of law * Reproduces relevant statutory material ensuring this key information is readily to hand
Table of Contents
Part I: The European Convention on Human Rights. Principles of Interpretation. The Human Rights Act 1998. Part II: The definition of a criminal charge. Rights relating to arrest and detention in police custody. Entry, search and seizure. Covert investigation. The substantive criminal law. The burden and standard of proof. Retrospectivity and the principle of legal certainty. Issues of criminal responsibility. Double jeopardy. Bail. Aspects of criminal procedure. Criminal evidence. Sentencing and related issues. Appeals. The rights of victims of crime. Appendices.