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 as Evidence written by and published by . This book was released on 2014 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 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 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 The Modern Law of Evidence written by Adrian Keane and published by Oxford University Press, USA. This book was released on 2020-03-30 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: A superbly clear, direct, and detailed explanation of the rules that underpin the law of evidence. The Modern Law of Evidence is a lucid, engaging, and authoritative guide to a fascinating and stimulating subject. Straightforward and practical in approach, it also provides concise and focused analysis of the theory behind the law, with an emphasis on recent discussion and current debates. An ideal text for undergraduates and students studying on the Bar Professional Training Course and Legal Practice Course, The Modern Law of Evidence is also an authoritative reference point for practitioners and judges. Online Resources The Modern Law of Evidence is accompanied by online resources, including: - Selected guidance on approaching the questions contained in the book - General advice on taking examinations in evidence - Regular updates on key developments - A list of web links to essential resources
Download or read book Terrorism Detention Powers written by Great Britain: Parliament: House of Commons: Home Affairs Committee and published by The Stationery Office. This book was released on 2006-07-03 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Terrorism detention Powers : Fourth report of session 2005-06, Vol. 2: Oral and written Evidence
Download or read book Guant namo and Beyond written by Fionnuala Ni Aoláin and published by Cambridge University Press. This book was released on 2013-08-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together the viewpoints of leading scholars and policy makers on the topic of exceptional courts and military commissions with a series of unique contributions setting out the current "state of the field." The book assesses the relationship between such courts and other intersecting and overlapping legal arenas including constitutional law, international law, international human rights law, and international humanitarian law.
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 National Security Law Procedure and Practice written by Caroline Stone and published by Oxford University Press. This book was released on 2024-03-21 with total page 1105 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, detailed and updated account of UK national security law in all its aspects, National Security Law, Procedure and Practice is the only book to collate and explain all the elements of law, both substantive and procedural, and the practical issues which may arise in national security litigation. The specialised nature of the subject makes this book a vital text, not only for those seeking an overview of national security law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases makes this book of interest to a wider audience seeking to understand the legal context of such cases. This new edition draws on the professional experience of a team of expert contributors and covers all recent legislation, case law and guidance. It provides a detailed explanation of the National Security Act 2023, which repeals and replaces the existing law relating to state threats. The new Act introduces significant new offences and executive powers, including the power to impose state threat prevention and investigation measures ('STPIMs'), and creates a new scheme for the registration of foreign political influence activities. The second edition also includes analysis of the landmark Supreme Court decision in Shamima Begum, which re-evaluates the respective roles of the government and the courts in national security matters and has ramifications throughout the work; a comprehensive explanation of the National Security and Investment Act 2021; a fully revised chapter on sanctions law; and an updated explanation of the continued impact of EU law on UK national security law. This second edition of National Security Law, Procedure and Practice will be an invaluable resource for judges, policymakers, legislators, oversight bodies, academic experts and students in a variety of legal fields.
Download or read book Parliamentary Debates Hansard written by Great Britain. Parliament. House of Commons and published by . This book was released on 2012 with total page 916 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Police Misconduct Complaints and Public Regulation written by John Beggs and published by Oxford University Press. This book was released on 2009-07-09 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new work covers the highly sensitive topic of who polices the police. Dealing with all aspects of the law relating to the regulation of the police, it gives detailed analysis and guidance on practice at complaints and misconduct hearings and the role and powers of the IPCC and of its statutory guidance. Appendices include regulations and associated Home Office Guidance under the 2004 and 2008 performance and misconductregimes, and the new 2008 PAT rules.
Download or read book The National Security Constitution written by Paul F Scott and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
