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  • Hart Publishing, Oxford - Good books for lawyers
    case law of England and Wales as a principle of fundamental importance in the law of criminal procedure and evidence A logical implication of recognising a privilege against self incrimination should be that a person is not compellable on pain of a criminal sanction to provide information that could reasonably lead to or increase the likelihood of her or his prosecution for a criminal offence Yet there are statutory provisions in England and Wales making it a criminal offence not to provide particular information that if provided could be used in a subsequent prosecution of the person providing it This book examines the operation of the privilege against self incrimination in criminal proceedings in England and Wales paying particular attention to the influence of the European Convention on Human Rights and the Human Rights Act 1998 Among the questions addressed are how the privilege might be justified and whether its scope is clarified sufficiently in the relevant case law does the privilege apply for example to pre existing material Consideration is given where appropriate to the treatment of aspects of the privilege in Australia Canada India New Zealand the USA and elsewhere Andrew Choo is a Professor of Law at

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133171 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    the controversial and often misunderstood elements of case management have gradually evolved into a system which now appears to be having its intended effect This book is designed to provide all those who work in the Crown Courts judges administrators barristers and solicitors with a one stop guide to the day to day practical problems that arise both before and during trial In particular it deals with all the problems that pre trial case management can pose as well as those management type problems that can arise during the course of a trial such as problems with jurors witnesses and absent defendants It deals with all the main applications such as bad character disclosure and abuse of process This is a unique and invaluable work of reference for all lawyers whose work brings them into contact with the Crown Court as well as students studying for their Bar Finals Roderick Denyer started life as an academic and then practised at the common law bar for many years taking silk in 1990 He has been a member of The Criminal Procedure Rules Committee since its inception He has been a judge since 2002 and he is currently based in Bristol He

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849463041 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    seen the largest and most comprehensive reform of Coronial Law since the early nineteenth century The new Coroners and Justice Act 2009 impacts upon every aspect of the Inquest and this comprehensive new work lays out both the substantive law and new procedure following the recent legislation and authorities The whole coronial process is laid out in distinct chapters which consider the present and developing law The book provides practical guidance from the beginning to the end of the process and includes a special chapter on Military inquests creating an invaluable reference for both the practitioner and student of this fast developing area of law John Cooper QC is a barrister at 25 Bedford Row London and an Honorary Visiting Professor of Law at Cardiff University John is one of the leading inquest practitioners in the country having appeared in the Puma and Deepcut inquests and having advised the family of Gordon Gentle in their case He represented families of servicemen in the Nimrod and Hercules aircraft explosions in their successful civil actions against the Government In 2008 he was shortlisted by the Law Society Liberty and Justice as Human Rights Barrister of the Year for his inquest work Paperback

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460378 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    offences regularly depart from the presumption of innocence by requiring defendants to prove specific matters in order to avoid conviction Legislatures and courts seek to justify this departure by asserting that the reversal of the burden of proof is necessary to meet the community interest in prosecuting serious crime and maintaining workable criminal sanctions This book investigates the supposed justifications for limitation of the presumption of innocence It does so through a comprehensive analysis of the history rationale and scope of the presumption of innocence It is argued that the values underlying the presumption of innocence are of such fundamental importance to individual liberty that they cannot be sacrificed on the altar of community interest In particular it is argued that a test of proportionality which seeks to weigh individual rights against the community interest is inappropriate in the context of the presumption of innocence and that courts ought instead to focus on whether an impugned measure threatens the values which the presumption is designed to protect The book undertakes a complete and systematic review of the United Kingdom and Strasbourg authority on the presumption of innocence It also draws upon extensive references to comparative material both judicial and academic

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849460361 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    as one of the most deeply rooted and jealously guarded principles of our criminal law In reality it was not particularly ancient and in recent years was increasingly attacked On technical grounds the body of law surrounding it was criticised as over complicated and inconsistent and more radical critics condemned it as unduly favourable to the guilty In response to this the law was completely recast in Part II of the Criminal Justice Act 2003 This book now updated to take into account a raft of new cases offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts From the reviews of the first edition It is difficult to see how this complex legislation could be presented or explained more clearly essential for all criminal practitioners Nigel Pascoe QC Counsel a concise highly portable and valuable little book Benedict Mills New Law Journal a thorough and remarkably clear analysis of the bad character provisions You can expect to see this book produced widely in court Andrew Keogh Crimeline Updater the commentary is of a high and scholarly standard It is

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841139814 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    Canada Singapore and Malaysia to examine key aspects of the law of homicide Key areas examined include the structure of the law of homicide and the meaning of fault elements For example the definition of murder or its equivalent is very different in France and Germany from the definition used in England and Wales French law like the law in a number of American states ties the definition of murder to the presence or absence of premeditation unlike the law in England and Wales Unlike most other jurisdictions German law makes the killer s motive such as a sadistic sexual motive relevant to whether or not he or she committed the worst kind of homicide England and Wales is in a minority of English speaking jurisdictions in that it does not employ the concept of wicked recklessness or of extreme indifference as a fault element in homicide Understanding these often subtle differences between the approaches of different jurisdictions to the definition of homicide is an essential aspect of the law reform process and of legal study and scholarship in the criminal law Every jurisdiction tries to learn from the experience of others and this book seeks to make a contribution

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136967 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    to the ECHR but the court has given little guidance focusing on reconciling procedural rules rather than addressing the broader issues This book addresses the issue of the meaning of the right by examining the contemporary jurisprudence in the light of a body of historical literature which discusses criminal procedure in a European context It argues that there is in fact a European criminal procedural tradition which has been neglected in contemporary discussions and that an understanding of this tradition might illuminate the discussion of fair trial in the contemporary jurisprudence This challenging new work elucidates the meaning of the fair trial and in doing so challenges the conventional approach to the analysis of criminal procedure as based on the distinction between adversarial and inquisitorial procedural systems The book is divided into two parts The first part is dominated by an examination of the fair trial principles in the works of several notable European jurists of the nineteenth century arguing that their writings were instrumental in the development of the principles underlying the modern conception of criminal proceedings The second part looks at the fair trials jurisprudence of the ECHR and it is suggested that although the Court has neglected

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841137308 (2016-02-13)
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  • Hart Publishing, Oxford - Good books for lawyers
    excessive self defense earlier guilt and battered women The book argues that before formulating definitions for each aspect of self defence necessity proportionality retreat immediacy mental element etc it is imperative to determine the proper rationale for self defence and only then to derive the appropriate solutions The first part contains an in depth discussion of why society allows a justification for acts but does not excuse the actor from criminal liability and the author critically analyzes current theories culpability of the aggressor autonomy of the attacked person protection of the social legal order balancing interests choice of the lesser evil and points out the weaknesses of each theory before proposing a new theory to explain the justification of self defence The new theory is that for the full justification of self defence a balance of interests must be struck between the expected physical injury to the attacked person and the expected physical injury to the aggressor as well as the relevant abstract factors the autonomy of the attacked person the culpability of the aggressor and the social legal order The author demonstrates how ignoring one or more of these factors leads to erroneous results and how the proposed rationale

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841136073 (2016-02-13)
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