It is an old saying that there are at least two sides to every case. A question for the courts is what happens when there are more than two? Over the past four decades, in a range of legally and constitutionally significant matters – from the treatment of children in detention to the jurisdiction of […]
Building a surveillance law fit for purpose – new JUSTICE publication
November 3, 2015
In 2011, JUSTICE published Freedom from Suspicion: Surveillance Reform for a Digital Age, a forward looking report on the failure of the surveillance framework in the UK to keep pace with changing technology, to the detriment of both individual privacy and the credibility of the work of our law enforcement and intelligence agencies. We recommended […]
Judicial Review and the Rule of Law: An introduction to the Criminal Justice and Courts Act 2015, Part 4
October 21, 2015
This publication is the result of a collaborative project between JUSTICE, The Bingham Centre for the Rule of Law and The Public Law Project, and aims to provide an introduction to the latest changes to judicial review practice and procedure. Setting the latest changes from Parliament in their constitutional context, we hope that our work will help inform the […]
In the dock
July 1, 2015
Reassessing the use of the dock in criminal trials The use of the dock for adult defendants in our criminal courts is unquestioned. Secure docks – with high walls made of glass panels – are most common, although some defendants will be held in open, wooden docks. While some courts will allow the defendant out […]
Inside Police Custody
December 1, 2013
An Empirical Account of Suspects’ Rights in Four Jurisdictions This empirical study of the procedural rights of suspects in four EU jurisdictions – France, Scotland, the Netherlands and England and Wales – focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights of suspected or accused persons […]
European Arrest Warrant
August 29, 2012
Ensuring an effective defence The European arrest warrant (EAW) came into force in 2004. It brought in radical change to the extradition process across the European Union. This has led to vast numbers of speedy hearings and surrenders. The EAW was originally promoted as a weapon in the fight against serious cross border crime, but […]
Freedom from Suspicion
November 4, 2011
Surveillance Reform for a Digital Age In 2000, Parliament enacted the Regulation of Investigatory Powers Act (RIPA) 2000. At the time, it was acclaimed by government ministers as human rights compliant, forward-looking legislation. Since its inception, there have been close to three million decisions taken by public bodies under RIPA. Surveillance is a necessary activity […]
EU Criminal Procedure
July 29, 2011
A general defence practitioner’s guide Many lawyers will be familiar with the European arrest warrant and assume that EU criminal law is for specialists. In fact, EU activity has expanded into all areas of procedure, from bail through to custody and almost everything in between. These measures are slowly coming into force throughout the EU […]
Time for a New Hearing
January 5, 2011
Time for a New Hearing proposes that most young offenders should participate in restorative conferencing – meeting their victims and agreeing to make amends for their offending behaviour – rather than receiving traditional court sentences. Author JUSTICE and The Police Foundation Published 5 January 2011 Links The Police Foundation Download a copy of Time for a New Hearing
Giving legal advice at police stations: practical pointers
November 1, 2010
The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 made significant amendments to the Criminal Procedure (Scotland) Act 1995. As a result, JUSTICE prepared a short guide to offer practical assistance to practitioners advising and representing detained persons at police stations in entirely new circumstances. Published 1 November 2010 Download a copy of Giving […]