Download or read book Intercept As Evidence written by Great Britain: Home Office and published by . This book was released on 2014-12-30 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dated December 2014. A TSO version of a title previously published by HM Government

Download or read book Privy Council Review of intercept as evidence written by John Sir Chilcot and published by The Stationery Office. This book was released on 2008-02-06 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of this Privy Council Review was announced on 25 July 2007 "to advise on whether a regime to allow the use of intercepted material in court can be devised that facilitates bringing cases to trial while meeting the overriding imperative to safeguard national security". All bodies and individuals that met with or provided evidence to the Review were in favour in principle of intercept as evidence. But there were very different views as to whether national security could be safeguarded effectively. The Review endorses the principles that: there is an overriding imperative to safeguard national security; all trials must be (and be seen to be) procedurally fair; the State should wherever possible prosecute those it believes are involved in terrorism or other serious crimes; in any criminal prosecution the best available evidence should be made available in court. The report examines: current use of intercept; potential use and benefit of intercept as evidence; risks; resource implications; new communications technology; relevance of experiences of other countries; legal models. The Review concludes that intercept as evidence should be introduced. It believes that it would be possible to provide for the use of intercept as evidence in criminal trials in England and Wales by developing a robust legal model, based in statute and compatible with the European Convention on Human Rights. A model - PII Plus (PII = Public Interest Immunity) - is suggested as the basis, and the Review outlines further preparatory work and confidence-building measures necessary to develop a detailed regime.

Download or read book Intercept Evidence written by Eric Metcalfe and published by . This book was released on with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Intercept as evidence written by Great Britain: Home Office and published by Stationery Office. This book was released on 2009-12-10 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report sets out the key findings and conclusions of a test of a model, set up following the Privy Council Review's recommendations (Cm. 7324, ISBN 9780101732420), to see whether a regime to allow the use of intercepted material in court could be devised that facilitates bringing cases to trial while meeting the overriding imperative to safeguard national security. The project looked at the potential evidential benefits of an intercept as evidence regime and whether the model developed to meet them could both be legally viable and meet the Privy Council review's operational requirements. The evidential impact would most likely make trials more complex due to the amount of material generated and challenges from defences. Legal advice unanimously concluded that the model tested would not be legally viable and would breach some of the Review's operational requirements. The collective view of the departments, intercepting agencies and prosecution authorities is that the model tested does not provide a viable basis for implementation. The government remains committed to the principle of using intercept as evidence and will pursue three further areas of work to try to identify a way forward, reproting to Parliament before the Easter 2010 recess.

Download or read book Interception of Communications Admissibility of Evidence Bill HL written by Great Britain. Parliament House of Lords and published by . This book was released on 2005-10-11 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Bill to permit the introduction of intercept evidence and evidence of communications data in certain criminal proceedings. Private members bill introduced 10 October 2005

Download or read book The Use of Intercept Evidence in Terrorism Cases written by Alexander Horne and published by . This book was released on 2011 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This note provides background information about the prohibition on using intercept evidence in terrorism trials. Subject to a limited number of exceptions, evidence from intercepted communications or any related communications data is inadmissible in legal proceedings under provisions currently set out in section 17 of the Regulation of Investigatory Powers Act 2000. It is important to note that the bar on intercept extends beyond terrorism cases (and concerns have been expressed in respect of coroner's inquests for example). However, this note only focuses on the use of intercept material in counter-terrorism proceedings.

Download or read book Interception of Communications Admissibility of Evidence Bill HL written by Great Britain. Parliament. House of Lords and published by . This book was released on 2012-05-17 with total page 8 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Bill to permit the introduction of intercept evidence in certain criminal proceedings. Private Member's Bill published on 17 May 2012

Download or read book Electronic Surveillance written by William J. Corcoran and published by . This book was released on 1992 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Practical Guide to Digital Communications Evidence in Criminal Law written by Sam Willis and published by . This book was released on 2023-04-21 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technology has changed the way we communicate with each other, for better or for worse. The result is that most criminal investigations now involve some aspect of digital communications evidence - be it mobile telephones seized from suspects, call data obtained from mobile network operators, or records taken from social media platforms. This book is for practitioners looking to understand the most common types of digital communications evidence used in criminal prosecutions. From cell site mapping through to mobile telephone extraction, each category of evidence is explained and the relevant law set out. The uses and limitations are explored, as well as a focus on how best the evidence can be presented or challenged before judge and jury. Although primarily aimed at junior advocates and litigators, it is also intended to be a quick reference guide for those more senior. Part One contains a chapter on each category of evidence, covering: Mobile Telephone Extraction, SIM Card Extraction, Call Data Records, Subscriber Checks, Cell Site Evidence, IP Address Resolution, and Intercept Material. Part Two deals with the relevant notices and warrants under RIPA 2000 and IPA 2016. Part Three is focused on disclosure: how it should be managed, what review tools are available, and how complainants should be treated. ABOUT THE AUTHOR Sam Willis is a specialist criminal barrister at 5 King's Bench Walk, acting for both prosecution and defence. His practice is focused on serious and complex cases, usually involving violence, weapons, drugs, and fraud. Prior to his work as a barrister, Sam was an IT developer specialising in mobile applications and data analysis. He is regularly instructed in cases that require a sound technical understanding of digital evidence and the law that applies to it. He has published several mobile apps which are widely used by solicitors and barristers working in criminal law, and he sits on the Bar Council's IT Panel. CONTENTS Part One - Types of Evidence Mobile Telephone Extraction SIM Card Extraction Call Data Records Subscriber Checks Cell Site Evidence IP Address Resolution Intercept Material Prison Intercepts Foreign Intercepts Encrypted Messaging Intercepts Part Two - Notices and Warrants Section 49 RIPA Notices Targeted Interception Warrants Targeted Equipment Interference Warrants Part Three - Disclosure Managing Disclosure Disclosure Tools Complainants - Mobile Telephone Extraction

Download or read book The Sequential Intercept Model and Criminal Justice written by Patricia A. Griffin and published by Oxford University Press, USA. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Authored by academic, policy, and practice experts in this area, Criminal Justice and Mental Illness offers an overview of the changes in correctional policy and practice during the last decade that reflect an increased focus on community-based alternatives for offenders."--

Download or read book Provide Appropriate Tools Required to Intercept and Obstruct Terrorism PATRIOT Act of 2001 written by United States. Congress. House. Committee on the Judiciary and published by . This book was released on 2001 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Improperly Obtained Evidence in Anglo American and Continental Law written by Dimitrios Giannoulopoulos and published by Bloomsbury Publishing. This book was released on 2019-02-21 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.

Download or read book Evidence written by Roderick Munday and published by Core Texts Series. This book was released on 2019 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roderick Munday's 'Evidence' provides students with a succinct yet critical introduction to all of the topics an undergraduate studying the law of evidence will encounter. Vibrant and engaging, this invaluable text is the ideal guide to the core of this challenging subject.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

Download or read book Wiretapping written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1963 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book A Question Of Trust written by David Anderson and published by Lulu.com. This book was released on 2015-06-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: [This convenience copy of the official report by the UK Independent Reviewer of Terrorism Legislation, made available under OGLv3 on a cost-only basis] Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards. The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This Report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers.

Download or read book The End of Ice written by Dahr Jamail and published by The New Press. This book was released on 2020-03-10 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Finalist for the 2020 PEN / E.O. Wilson Literary Science Writing Award Acclaimed on its hardcover publication, a global journey that reminds us "of how magical the planet we're about to lose really is" (Bill McKibben) With a new epilogue by the author After nearly a decade overseas as a war reporter, the acclaimed journalist Dahr Jamail returned to America to renew his passion for mountaineering, only to find that the slopes he had once climbed have been irrevocably changed by climate disruption. In response, Jamail embarks on a journey to the geographical front lines of this crisis—from Alaska to Australia's Great Barrier Reef, via the Amazon rainforest—in order to discover the consequences to nature and to humans of the loss of ice. In The End of Ice, we follow Jamail as he scales Denali, the highest peak in North America, dives in the warm crystal waters of the Pacific only to find ghostly coral reefs, and explores the tundra of St. Paul Island where he meets the last subsistence seal hunters of the Bering Sea and witnesses its melting glaciers. Accompanied by climate scientists and people whose families have fished, farmed, and lived in the areas he visits for centuries, Jamail begins to accept the fact that Earth, most likely, is in a hospice situation. Ironically, this allows him to renew his passion for the planet's wild places, cherishing Earth in a way he has never been able to before. Like no other book, The End of Ice offers a firsthand chronicle—including photographs throughout of Jamail on his journey across the world—of the catastrophic reality of our situation and the incalculable necessity of relishing this vulnerable, fragile planet while we still can.