Download or read book Judicial Review of Criminal Proceedings written by Derek Dunne (Lawyer) and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review of Criminal Proceedings written by Derek Dunne (Lawyer) and published by . This book was released on 2011 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review of Criminal Proceedings provides the first dedicated and up-to-date treatment of judicial review as it applies at all stages of the criminal process. It considers the remedies and procedure of judicial review and focuses upon the areas that have occupied the courts in recent years, such as: delay and the right to a fair trial; blameworthy prosecutorial delay; the scope of the duty to seek out and preserve evidence; the circumstances in which judicial review will lie in respect of convictions and sentences recorded in the District Court and Circuit Court; pre-trial disclosure; review of prosecutorial discretion; adverse pre-trial publicity etc. The text also considers the impact of all important recent decisions of the Superior Courts such as PH v DPP; PM v DPP; McFarlane v DPP; Cormack & Farrell v DPP; O'Keeffe v Connellan; McNulty v DPP; DS v Judge of the Southern Circuit; and Meadows v Minister for Justice, Equality and Law Reform. Contents: Judicial Review and the Criminal Law In Context; Remedies, Practice and Procedure; Judicial Review, the District Court and the Circuit Court; Judicial Review and the Special Criminal Court; The Right to a Fair Trial and Delay; The Right to an Expeditious Trial and Blameworthy Prosecutorial Delay; The Duty to Seek Out and Preserve Evidence; Review of the Decisions and Conduct of the Prosecuting Authorities; Precedents of Pleadings. Derek Dunne is a practising barrister.
Download or read book Judicial Review written by Hugh Southey and published by Jordan Publishing (GB). This book was released on 2004 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: The unprecedented increase in applications for judicial review of public authorities has meant that such litigation is no longer the sole province of administrative lawyers. All litigators need to know when judicial review is an available and appropriate means of pursuing their clients' interests, whether in relation to a commercial contract, a public sector housing dispute, tribunal proceedings or otherwise. This book, applicable to all lawyers with a litigation practice in the UK, will preclude the need to refer to any of the more expensive works on judicial review. Practical, succinct and inexpensive, this should be the first port of call for all practitioners considering judicial review proceedings.
Download or read book Judicial Protection in Transnational Criminal Proceedings written by Martin Böse and published by Springer Nature. This book was released on 2020-10-28 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes and outlines a comprehensive framework for judicial protection in transnational criminal proceedings that ensures the right to judicial review without hampering the effective functioning of international cooperation in criminal matters. It examines a broad range of potential approaches in the context of selected national criminal justice systems, and offers a comparative analysis of EU Member States and non-Member States alike. The book particularly focuses on the differences between cooperation within the EU on the one hand and cooperation with third states on the other, and on the consequences of this distinction for the scope of judicial review.
Download or read book Criminal Judicial Review written by Piers von Berg and published by Bloomsbury Publishing. This book was released on 2014-11-24 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written by a team of criminal and public law practitioners, it considers claims for judicial review arising in the criminal justice system, which now represent a distinct area of public law. These claims are set apart by special considerations and rules; for example, on the limits of the High Court's jurisdiction or the availability of relief during ongoing proceedings. Criminal practitioners may lack the background to spot public law points. Equally, public law specialists may be unfamiliar with criminal law and types of issues that arise. Criminal Judicial Review is intended as a resource for both. The book deals with the principles, case law, remedies and, the practice and procedure for obtaining legal aid and costs. It will be of assistance to any practitioner preparing or responding to judicial review claims involving the following: - The Police and the Crown Prosecution Service. - Magistrates' courts, the Crown Court and Coroners. - Prisons and the Parole Board. - Statutory bodies such as the Independent Police Complaints Commission and the Legal Aid Agency. - Claimants who are children, young persons or have mental disorders. - The international dimension including extradition proceedings and European Union law. - Practical considerations such as CPR Part 54, remedies, legal aid and costs. From the Foreword by The Rt Hon Lord Judge “The book is offered in clear and simple style, focussing less on esoteric theoretical considerations and more on the practical needs of the practitioner. It brings together materials relating to public law with which a criminal specialist may be less well informed, and material relevant to the criminal justice processes which may not be immediately apparent to the public law specialist. It will assist with the preparation of arguments, and also enable submissions which are unarguable to be discarded. It will therefore provide valuable guidance in this broad and developing area of practice.”
Download or read book The High Court s Jurisdiction in Relation to Criminal Proceedings written by Great Britain. Law Commission and published by Stationery Office Books (TSO). This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law Commission was asked to examine the criminal jurisdiction of the High Court over the Crown Court, and the focus on this report is on the two means by which decisions of the way of case stated and judicial review from the Crown Court Crown Court can be challenged: by appeal to the High Court by way of case stated, and by application to the High Court for judicial review. This report follows on from a consultation paper issued in 2007 (no 184, ISBN 9780118404440) and the responses to it. The Commission recommends: abolishing appeal by case stated from the Crown Court to the High Court in criminal proceedings; reforming the law on judicial review of the Crown Court in criminal proceedings so that judicial review of decisions in a trial on indictment is barred from the time the case goes to the Crown Court for trial to the end of the trial, with an exception where the judge refuses bail; a new statutory appeal for a child or young person, where the trial judge refuses to restrict reporting to protect his or her identity; and a new statutory appeal where the trial judge's ruling entails a real and immediate risk to a person's life.
Download or read book Aspects of Judicial Review of Criminal Proceedings written by and published by . This book was released on 1983 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Abuse of Process and Judicial Stays of Criminal Proceedings written by Andrew L.-T. Choo and published by Oxford University Press, USA. This book was released on 1993 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.
Download or read book The Doctrine of Judicial Review written by Edward Samuel Corwin and published by The Lawbook Exchange, Ltd.. This book was released on 2010-11 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Download or read book A Criminal Practitioner s Guide to Judicial Review and Case Stated written by Hugh Southey and published by Jordans. This book was released on 1999 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent years the use of judicial review has become increasingly important as a potential avenue of appeal in criminal proceedings. This text will equip practitioners with all of the working knowledge that they require in order to challenge a decision either by way of case stated or by judicial review. The book identifies the types of decision which are potentially subject to challenge, considers which remedy will be the appropriate one under given circumstances and gives detailed guidance on the procedure which needs to be followed. A highly practical work which will be relevant to any criminal law practitioner, whether acting for the prosecution or defence, A Criminal Practitioner's Guide to Judicial Review and Case Stated will also consider the likely impact of the Human Rights Act 1998 in this area. Available on 28 days' approval.
Download or read book The Judicial Role in Criminal Proceedings written by Sean Doran and published by Hart Publishing. This book was released on 2000-11-04 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: The comparative and international book considers the future of the judicial role in criminal proceedings.
Download or read book The Trial of Jesus written by George Washington Thompson and published by . This book was released on 1927 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Review Handbook written by Michael Fordham QC and published by Bloomsbury Publishing. This book was released on 2008-11-05 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: Writing in the sixth edition of this Handbook, author Michael Fordham described his ambition when writing the first edition (and indeed all subsequent editions) of this book as "to read as many judicial review cases as I could and to try to extract, classify and present illustrations and statements of principle". Behind this aim lay the practitioner's overwhelming need to know and understand the case-law. Without it, as Fordham says "much can be achieved in public law through instinct, experience and familiarity with general principles which are broad, flexible and designed to accord with common sense". But with knowledge of the case law comes the vital ability to be able to point to and rely on an authoritative statement of principle and working illustration. Knowing the case-law is crucial: "the challenge is to find it". This, the sixth edition of the Handbook, continues the tradition established by earlier editions, in rendering the voluminous case-law accessible and knowable. This Handbook remains an indispensable source of reference and a guide to the case-law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to, the work of the Administrative Court and its procedures. Once again completely revised and up-dated, the sixth edition approximates to a restatement of the law of judicial review, organised around 63 legal principles, each supported by a comprehensive presentation of the sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. As in the previous edition, both the Civil Procedure Rules and Human Rights Act 1998 feature prominently as major influences on the shaping of the case-law. Their impact, and the plethora of cases which explore their meaning and application, were fully analysed and evaluated in the previous edition, but this time around their importance has grown exponentially and is reflected in even greater attention being given to their respective roles. Attention is also given to another new development - the coming into existence of the Supreme Court. Here Michael Fordham casts an experienced eye over the Court's work in the area of judicial review, and assesses the early signs from a Court that is expected to be one of the key influences in the development of judicial review in the modern era. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "...an institution for those who practise public law...it has the authority that comes from being compiled by an author of singular distinction". (Lord Woolf, from the Foreword to the Fifth Edition)
Download or read book The Accusation Model Before the International Criminal Court written by Hanna Kuczyńska and published by Springer. This book was released on 2015-05-07 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the functioning of the International Criminal Court has become a forum of convergence between the common law and civil law criminal justice systems. Four countries were selected as primary examples of these two legal traditions: the United States, England and Wales, Germany and Poland. The first layer of analysis focuses on selected elements of the model of accusation that are crucial to the model adopted by the ICC. These are: development of the notion of the prosecutor’s independence in view of their ties to the countries and the Security Council; the nature and limits of the prosecutor’s discretional powers to initiate proceedings before the ICC; the reasons behind the prosecutor’s choice of both defendants and charges; the role the prosecutor plays in the procedure of disclosure of evidence and consensual termination of proceedings; and the determinants of the model of accusation used during trial and appeal proceedings. The second layer of the book consists in an analysis of the motives behind applying particular solutions to create the model of accusation before the ICC. It also shows how the model of accusation gradually evolved in proceedings before the military and ad hoc tribunals: ICTY and ICTR. Moreover, the question of compatibility of procedural institutions is addressed: In what ways does adopting a certain element of criminal procedure, e.g. discretional powers of the prosecutor to initiate criminal proceedings, influence the remaining procedural elements, e.g. the existence of the dossier of a case or the powers of a judge to change the legal classification of the criminal behavior appearing in the indictment?
Download or read book A Study of Judicial Review in Virginia 1789 1928 written by Margaret Virginia Nelson and published by . This book was released on 1947 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Obstacles to Fairness in Criminal Proceedings written by John D Jackson and published by Bloomsbury Publishing. This book was released on 2018-03-22 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms – the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.
Download or read book Judicial Review and the National Political Process written by Jesse H. Choper and published by Quid Pro Books. This book was released on 2013-05-16 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: As constitutional scholar John Nowak noted when the book was first released, "Professor Choper's Judicial Review and the National Political Process is mandatory reading for anyone seriously attempting to study our constitutional system of government. It is an important assessment of the democratic process and the theoretical and practical role of the Supreme Court." That view is no less true today, as borne out by the countless citations to this landmark work over the decades, including scores in the last few years alone. It is simply part of the foundational canon of constitutional law and political theory, an essential part of the library of scholars, students, and educated readers interested in considering the hard choices inherent in what the courts should decide and how they should decide them.
