Judicial Review Of Criminal Proceedings

Author : Derek Dunne (Lawyer)
Publisher :
ISBN 13 : 9781858006246
Total Pages : 790 pages
Book Rating : 4.44/5 ( download)

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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.

Author : Derek Dunne (Lawyer)
Publisher :
ISBN 13 : 9780414078239
Total Pages : 0 pages
Book Rating : 4.33/5 ( download)

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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:

Author : Andrew L.-T. Choo
Publisher : Oxford University Press, USA
ISBN 13 : 9780199280834
Total Pages : 212 pages
Book Rating : 4.35/5 ( download)

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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 2008 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: The criminal courts have the power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. There is at least one consideration of the abuse of process doctrine in virtually every major criminal trial today. This fully updated second edition of Abuse of Process and Judicial Stays of Criminal Proceedings blends doctrinal discussion with a thorough consideration of the underlying theory to provide a searching analysis of the theory and practice of abuse of process in England and Wales, with comparative examinations of many other jurisdictions including The USA, Canada, Australia, and New Zealand. This edition focuses in particular upon the profound impact of the European Convention on Human Rights in this area.

Author : Martin Böse
Publisher : Springer Nature
ISBN 13 : 3030557960
Total Pages : 446 pages
Book Rating : 4.66/5 ( download)

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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.

Author : Hugh Southey
Publisher : Jordan Publishing (GB)
ISBN 13 : 9781784730963
Total Pages : 0 pages
Book Rating : 4.63/5 ( download)

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Download or read book Judicial Review written by Hugh Southey and published by Jordan Publishing (GB). This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.

Author : Piers von Berg
Publisher : Bloomsbury Publishing
ISBN 13 : 1849468303
Total Pages : 758 pages
Book Rating : 4.05/5 ( download)

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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.”

Author : Great Britain. Law Commission
Publisher : Stationery Office Books (TSO)
ISBN 13 :
Total Pages : 244 pages
Book Rating : 4.10/5 ( download)

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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.

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.30/5 ( download)

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Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Sean Doran
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 376 pages
Book Rating : 4.72/5 ( download)

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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 role of the judge in criminal proceedings is a multifaceted one that is subject constantly to new demands and challenges. In recent times,for example, judges have been accorded greater responsibility for case management in advance of trial, adaptations to the rules of evidence have enhanced the scope for discretionary decision-making, while legislative developments in the sentencing field have forced a reevaluation of the judge's role in sentencing offenders. In the near future, the judicial role in this jurisdiction will take on a new dimension when the Human Rights Act is implemented. This collection of essays includes contributions on the above themes and beyond, including the issues of plea bargaining, judges in emergency situations, judges and media concerns, victims in the criminal process and magistrates' justice. The collection is comparative and international in scope and includes contributions from leading scholars in the United States, Europe and elsewhere. Authors include Judge Jack B. Weinstein, Andrew Ashworth, Mike McConville, and Justice Albie Sachs.

Author : Hugh Southey
Publisher : Jordans
ISBN 13 : 9780853085669
Total Pages : 355 pages
Book Rating : 4.68/5 ( download)

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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.