Preface | p. xi |
Table of Cases | p. xv |
Table of Statutes | p. xxv |
The aims and values of 'criminal justice' | p. 1 |
The nature and structure of 'criminal 'justice | p. 1 |
Guilt and innocence | p. 9 |
Adversarial and inquisitorial theories of criminal justice | p. 13 |
Recent trends in criminal justice and crime | p. 17 |
Crime control and due process | p. 21 |
The fundamental (human) rights approach | p. 28 |
Managerialism and the rise of actuarial justice | p. 38 |
Victims | p. 42 |
An alternative framework: the enhancement of freedom | p. 47 |
Conclusion | p. 57 |
Stop and Search | p. 60 |
Introduction | p. 60 |
The Power to stop-search | p. 72 |
Is stop and search racially discriminatory? | p. 97 |
Constraints and controls on the exercise of discretion | p. 100 |
The impact of stop-search powers | p. 113 |
Conclusion | p. 126 |
Arrest | p. 129 |
Introduction: what is an arrest? | p. 129 |
Arrest and the purposes of criminal justice | p. 132 |
The legal basis for arrest | p. 140 |
Arrest discretion and reasonable suspicion | p. 155 |
Remedies for wrongful arrest | p. 186 |
Conclusion | p. 191 |
Detention in the police station | p. 195 |
Introduction | p. 196 |
the Powers and duties of the custody officer | p. 197 |
Detention without charge | p. 207 |
Deaths in custody | p. 223 |
The right to legal advice | p. 228 |
Remedies | p. 249 |
Conclusion | p. 251 |
Police questioning of suspects | p. 255 |
Questioning: the drift from due process to crime control | p. 255 |
Why do the police value interrogation? | p. 257 |
The right of silence | p. 260 |
Regulating police questioning | p. 272 |
'We have ways of making you talk' | p. 287 |
Confessions | p. 312 |
Conclusion | p. 319 |
Non-interrogatory evidence | p. 323 |
Introduction | p. 323 |
'Information received': the use of informers | p. 325 |
Convert policing | p. 334 |
Witness and identification evidence | p. 343 |
Entry, search and seizure | p. 350 |
Scientific evidence | p. 360 |
Conclusion | p. 367 |
Prosecutions | p. 370 |
Introduction | p. 370 |
Discretion | p. 372 |
Evidential sufficiency: police and CPS | p. 376 |
The public interest, the police and the CPS | p. 394 |
Non police-prosecution agencies | p. 410 |
Prosecution accountability | p. 423 |
Conclusion | p. 434 |
The mass production of guilty pleas | p. 438 |
Introduction | p. 438 |
The sentence discount principle | p. 440 |
Sentencing powers and jurisdictional presssures | p. 460 |
Charge bargaining | p. 463 |
The prospect of conviction | p. 481 |
Fact bargains and multiple discounts | p. 485 |
Do the innocent plead guilty? (Is the Pope a Catholic?) | p. 486 |
Should plea bargaining be abolished? | p. 489 |
Conclusion | p. 496 |
Summary justice in the magistrates' court | p. 499 |
Introduction | p. 499 |
Legal aid and legal representation | p. 503 |
Justices' clerks and legal advisers: liberal bureaucrats? | p. 514 |
Bail or jail | p. 518 |
The quality and fairness of summary justice | p. 536 |
Specialist magistrates | p. 550 |
Conclusion | p. 551 |
Trial by judge and jury | p. 553 |
Directed and ordered acquittals - weak cases? | p. 555 |
The composition of the jury | p. 559 |
The verdict of the jury | p. 569 |
Trial: procedure, evidence and law | p. 579 |
Evaluating the jury's performance | p. 593 |
Narrowing the jury's domain | p. 602 |
Conclusion | p. 606 |
Appeals against conviction | p. 609 |
What values should underpin appellate procedures? | p. 609 |
Appeals from the magistrates' courts | p. 613 |
Appeals from the Crown Court to the Court of Appeal | p. 621 |
Post-appeal review: The Criminal Cases Review Commission | p. 642 |
Conclusion | p. 658 |
Remedying police malpractice | p. 663 |
Introduction | p. 663 |
Prosecutions | p. 665 |
Civil actions | p. 672 |
Complaints against the police | p. 679 |
Trial remedies | p. 700 |
Malpractice: individual fault or the system at work? | p. 712 |
Conclusion | p. 716 |
Victims, the accused and the future of criminal justice | p. 719 |
Introduction | p. 719 |
Taking suspects' rights seriously | p. 720 |
Taking victims' rights seriously | p. 725 |
Rhetoric and reality: managing the gap | p. 741 |
Bibliography | p. 747 |
Index | p. 803 |
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