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EU Law in Criminal Practice

EU Law in Criminal Practice

Author: Duncan Atkinson
Publisher: Oxford University Press
ISBN: 9780199664252
Published In: March 2013
Format: Hardback , 376 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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An unrivalled team of authors offer a unique and much-needed guide to this area of increasing relevance to criminal practitioners
The only practical guide to provide analysis of the applicability of general principles of EU law and their impact on domestic criminal proceedings
Edited by Duncan Atkinson, a leading junior specializing in serious crime, with expert oversight from David Perry QC and Professor Valsamis Mitsilegas
Brings together a disparate range of information - from the underlying institutional framework of EU law, to the substantive law of offences and sentencing

The law of the EU has an increasing effect on domestic criminal law and poses a growing number of questions to practitioners and their clients. What happens if a client has commited a crime in another country? What if crimes have been committed in multiple countries? What limits does the EU impose on sentencing? In what circumstances can a European Arrest Warrant be granted, and how can a Warrant be challenged? What will be the impact on EU law measures if the UK Government exercises an opt-out?

Answering these questions, and offering clear, practical assistance to those working in this complex area, EU Law in Criminal Practice is the only book to offer a comprehensive and practical guide to the interplay between European Union law and UK criminal practice. It enables the busy criminal practitioner to understand the legal landscape that the Treaty of Lisbon created, offering a thorough and practitioner-focused analysis of the relevant regulations and case law. From explanation of the institutional framework through to the substantive law of offences, sentencing, and appeals, the book is an invaluable guide for all engaged in modern criminal practice.

Readership: Primary: barristers and solicitors specializing in criminal law. Secondary: academics, academic libraries and students studying criminal law and European law.

David Perry QC: Foreword
Duncan Atkinson: Introduction
PART 1 - CONTEXT
1: Michael Bisgrove and Paul Jarvis: History and Background
2: Paul Jarvis: Institutional Framework and Legislative Instruments
PART 2 - PRE-TRIAL
3: Sarah Whitehouse, Alex Chalk, James Chegwidden, Jacob Hallam and Victoria Ailes: Evidence Acquisition
4: Rosemary Davidson: Extradition
PART 3 - POST ARREST
5: Adam Payter, Paul Humpherson, Annabel Darlow, Christopher Hehir and Ben Lloyd: Criminal Safeguards
6: - Dan Pawson Pounds, Richard Evans, Will Hayes, Alistair Richardson, Simon Ray and Mark Weekes: Substantive Law: Offences, Sanctions and Penalties
7: Julian Blake and Esther Schutzer Weissman: Preliminary Rulings and Direct Actions
Glossary of EU Terms
Appendix 1: UK Statute
Appendix 2: Treaties
Appendix 3: Decision and Directives

Edited by Duncan Atkinson, Barrister, The Chambers of David Fisher QC and David Perry QC

Duncan Atkinson (editor) is a barrister at the Chambers of David Fisher QC and David Perry QC. He was appointed junior treasury counsel in 2009, and has an unrivalled practice, specializing in criminal litigation, homicide, fraud, terrorism, and regulatory work, public law, and inquests. He has been instructed in some of the most high profile, sensitive, and difficult criminal cases and inquests in recent years, including the trial of Levi Bellfield, the Royal Blackmail case, the 'fertiliser bomber' case, and the inquest into the Potter's Bar rail disaster, and has appeared as leading, sole, and junior counsel in cases of rape, public nuisance, blackmail, prison escape, corruption, conspiracy to pervert the course of justice, and prosecutions under the Official Secrets Act. He is the joint author of Blackstone's Guide to the Criminal Procedure Rules (2e, OUP, 2011), and a contributor toBlackstone's Criminal Practice (OUP), and Fraud: Criminal Law and Procedure (OUP).

David Perry QC (consultant editor) is joint head of chambers at the Chambers of David Fisher QC and David Perry QC. Described as a "phenomenally impressive" silk, David not only handles complex domestic cases but also advises overseas governments and is a top extradition expert. David was appointed silk in 2006 and is on the editorial board for Blackstone's Criminal Practice

Valsamis Mitsilegas (consultant editor) is Head of the Department of Law , Professor of European Criminal Law, and Director of the Criminal Justice Centre at Queen Mary, University of London. His expertise lies primarily in the area of EU law, in particular EU Justice and Home Affairs (including immigration, asylum and border controls, criminal law, police and judicial co-operation in criminal matters and the external dimension of EU action in these fields). Professor Mitsilegas provides regular advice to the UK Government and the Judiciary of England and Wales and is actively engaged with the legal profession as regards the impact of European Union law on the domestic legal system. He contributes a chapter on European Union law to Blackstone's Criminal Practice.

Contributors:
All of the contributors are barristers at the Chambers of David Fisher QC and David Perry QC:

Victoria Ailes
Duncan Atkinson
Michael Bisgrove
Julian Blake
Alex Chalk
James Chegwidden
Annabel Darlow
Rosemary Davidson
Richard Evans
Jacob Hallam
William Hays
Christopher Hehir
Paul Humperson
Paul Jarvis
Ben Lloyd
Dan Pawson-Pounds
Adam Payter
Simon Ray
Alistair Richardson
Esther Schutzer-Weissman
Mark Weekes
Sarah Whitehouse

Consultant editors:
David Perry QC
Professor Valsamis Mitsilegas