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Human Rights in the Investigation and Prosecution of Crime

Human Rights in the Investigation and Prosecution of Crime

Author: Madeleine Colvin; Jonathan Cooper
Publisher: Oxford University Press
ISBN: 9780199214419
Published In: November 2009
Format: Paperback , 648 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Deals in turn with the practical impact of human rights on each area of criminal practice - from arrest and detention in police custody, court procedure, evidence, sentencing, and appeals
Provides a comprehensive examination of the Regulation of Investigatory Powers Act 2000 (RIPA), assessing and exploring the relationship between human rights and police investigatory and surveillance powers
Covers all aspects of criminal procedure from arrest, to trial and sentence
Includes specialist chapters on sentence, extradition, mental health, and the media
Builds on earlier book, Criminal Justice, Police Powers and Human Rights (Blackstone Press, 2001)

This new book is partly based on an earlier book,

Criminal Justice, Police Powers and Human Rights

(Blackstone's, 2001), which was published immediately after the Human Rights Act came into force. The subsequent developments in the criminal justice/human rights field have been so numerous, that a new dedicated text on the subject is required as opposed to just a new edition of the authors' previous book.

This new book provides a detailed and practical analysis of the impact of UK human rights law on the investigation and prosecution of crime. It deals systematically with the various stages of investigation, arrest and detention in police custody, court procedure, evidence, sentencing, and appeals. The narrative provides a comprehensive, in-depth examination of the Regulation of Investigatory Powers Act (RIPA), looking in detail at the relationship between human rights and police investigatory and surveillance powers.

The book is aimed directly at practitioners, and is logically divided into chapters dealing with a particular aspect of human rights in relation to the criminal process, including; the interception of communications and surveillance and intelligence issues; arrest and detention; bail; disclosure; mental health and capacity; sentencing; the rights of victims; extradition; and proceeds of crime.

Readership: Primary market: Criminal law practitioners and judges seeking an analysis of criminal law from a human rights perspective. Secondary market: Academics; law students; senior police officers; and journalists.

1: Introduction
2: An Introduction to Covert Policing
3: Property interference: Police Act 1997 Part III
4: The Interception of Communications: The Regulation of Investigatory Powers Act 2000 Part I
5: Surveillance and Covert Human Intelligence Sources: the Regulation of Investigatory Powers Act 2000 Part II
6: Powers to Stop, Search, Enter, and Seize
7: Arrest and Detention
8: Collection and Retention of Personal Data
9: Bail
10: Disclosure
11: Fair Trial
12: The Media
13: Evidence
14: Self-Incrimination, the Right to Silence, and the Reserve Burden of Proof
15: Extradition
16: Mental Health and Capacity
17: Obligation to Prevent Crime and to Protect and Provide Redress to Victims of Crime
18: Victims of Crime and the Criminal Justice System
19: Sentence
20: The Application of the ECHR to Appeals
APPENDIX 1: Human Rights Act 1998

Madeleine Colvin, Human Rights Consultant, and Jonathan Cooper O.B.E., Barrister, Doughty Street Chambers
Contributors:
David Bentley
Paul Bogan
Ruth Brander
Sheerener Browne
Lucy Corrin
Alex Gask
Alison Gerry
Edward Grieves
Gemma Hobcraft
Andrea Hopkins
Anthony Hudson
John Jones
Ben Newton
Alison Pickup
Steven Powles
David Rhodes
Hugh Southey
Azeem Sutterwalla
Richard Thomas
Aswini Weereratne