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9781841130507

The Human Rights Act and the Criminal Justice and Regulatory Process

by
  • ISBN13:

    9781841130507

  • ISBN10:

    1841130508

  • Format: Paperback
  • Copyright: 1999-12-14
  • Publisher: Hart Publishing
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Supplemental Materials

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Summary

The UKs new Human Rights Act with its duty to give domestic effect to the European Convention on Human Rights and the jurisprudence of the Strasbourg court will have a significant effect on many aspects of the criminal and regulatory process. The papers in this volume,arising from the second Cambridge Centre for Public Law conference consider the Acts impact on investigation and surveillance, on evidence, procedure and the substantive law applied at trials and hearings, and at the post-trial stage e.g. sentencing and post-report action in respect of DTI Inspection. Contributions from many of the countrys leading criminal and regulatory lawyers (both academic and practising) make this volume an important and original source for all criminal lawyers.

Author Biography

Sir Jack Beatson is a High Court judge, having previously been the Rouse Ball Professor of English Law in the University of Cambridge, and Fellow of St. John's College, Cambridge.

Table of Contents

Introductionp. vii
Conference Chairmen, Speakers and Panellistsp. viii
The Cambridge Centre for Public Lawp. ix
Keynote Speechp. xi
An Overviewp. xiii
The Constitutional Contextp. 1
The Human Rights Act 1998: The Constitutional Contextp. 3
Activism and Restraint: Human Rights and the Interpretative Processp. 11
The Art of the Possible, Interpreting Statutes Under the Human Rights Actp. 25
The Judicial Studies Board and the ECHRp. 33
Criminal Justice and the Actp. 35
The European Convention and Criminal Lawp. 37
The Convention and the English Law of Criminal Evidencep. 45
The European Convention and the Rules of Criminal Procedure and Evidence in Englandp. 57
Investigation and Surveillancep. 65
Surveillance and the Human Rights Act 1998p. 73
Incorporating the European Convention on Human Rights; it's Impact on Sentencing Lawp. 81
The Human Rights Act: Post Trial and Hearingp. 89
Regulationp. 97
Which Regulatory Bodies are Subject to the Human Rights Act?p. 99
Impact of the Human Rights Act Upon Compliance: The Taxation Viewpointp. 111
Human Rights and Corporate Wrongs: The Impact of the Human Rights Act 1998 on Section 236 of the Insolvency Act 1986p. 121
Financial Services and the Human Rights Actp. 131
Human Rights and Market Abusep. 139
Counsels' Opinions on the Impact of the ECHR on the Draft Financial and Markets Billp. 143
Table of Contents provided by Syndetics. All Rights Reserved.

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