Criminal Justice and the Human Rights Act 1998

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Published:
January 2005
Edition:
2nd
Format:
Papercover
ISBN:
978 0 85308 724 3
Author:
Deborah Cheney, Lisa Dickson, Rupert Skilbeck, Steve Uglow, John Fitzpatrick
Category:
Criminal

This second edition provides clear and practical commentary upon the far-reaching implications of this groundbreaking legislation.

This fully updated edition of Criminal Justice and the Human Rights Act 1998 takes account of legislative developments such as the introduction of the Regulation of Investigatory Powers Act 2000 and the Criminal Justice and Courts Act 2000. Full consideration is given to the first significant decisions interpreting the Human Rights Act (including R v DPP ex p Kebeline, Douglas v Hello! Ltd and Starrs & Chalmers v Procurator Fiscal as well as recent case-law from the European Court of Human Rights (including Venables v UK and Thompson v UK).

Criminal Justice and the Human Rights Act 1998 has been expanded to include more detailed consideration of many vital issues including:

  • The searching of premises in the light of Article 8 (right to respect for private life)
  • The effect of Article 6 (right to fair hearing) upon the right of the accused to remain silent and whether adverse inferences may be drawn from such silence
  • The circumstances under which the interception of mail and telephone tapping are authorised by the Regulation of Investigatory Powers Act 2000
  • The hearsay rule and its compatibility with Article 6
  • The procedures for reviewing discretionary life sentences assessed through Article 5 (right to liberty and security)
  • How elements of our prison regime are likely to stand up in the light of Article 3 (freedom from torture and inhuman or degrading treatment)

 

This latest edition will keep everyone working within the criminal justice system fully aware of all the issues and up-to-date with the latest case-law.

Deborah Cheney, Lecturer in Law, University of Kent at Canterbury
Lisa Dickson, Lecturer in Law, University of Kent at Canterbury
Rupert Skilbeck, Barrister, 36 Bedford Row
Steve Uglow, Director of Kent Criminal Justice Centre, University of Kent at Canterbury
with John Fitzpatrick, Solicitor, Director of Kent Law Clinic, University of Kent at Canterbury

  • The European Convention on Human Rights
  • The Human Rights Act 1998
  • The Investigation of Crime
  • The Right to a Fair Hearing
  • Impact on Sentencing
  • Prisoners' Rights 

Appendix

  • Human Rights Act 1998

"accessible ... and well organised ... an excellent introduction to the Human Rights Act"
New Law Journal Book Review Supplement

"this book forms an excellent basis for important discussion and debate ... an ideal book for those new to the subject as well as those with existing knowledge"
New Law Journal

"a highly readable book containing all the relevant matters essential to the practice of criminal law ... a handy tool"
Counsel

"this second edition has maintained the excellent standard set by its predecessor. Its main advantage over other publications on the same topic is the comprehensive and well-focused manner in which it addresses the key issues ... it is highly recommended for the academic market and also for practitioners, whether in the legal or other professions and services"
Human Rights


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