The Human Rights Act and the Criminal Justice and Regulatory Process

by Law, Cambridge Centre For Public

• ISBN13: 9781841130507
• ISBN10: 1841130508
• Format: Paperback
• Copyright: 1999-12-14
• Publisher: Hart Publishing

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

Introduction	p. vii
Conference Chairmen, Speakers and Panellists	p. viii
The Cambridge Centre for Public Law	p. ix
Keynote Speech	p. xi
An Overview	p. xiii
The Constitutional Context	p. 1
The Human Rights Act 1998: The Constitutional Context	p. 3
Activism and Restraint: Human Rights and the Interpretative Process	p. 11
The Art of the Possible, Interpreting Statutes Under the Human Rights Act	p. 25
The Judicial Studies Board and the ECHR	p. 33
Criminal Justice and the Act	p. 35
The European Convention and Criminal Law	p. 37
The Convention and the English Law of Criminal Evidence	p. 45
The European Convention and the Rules of Criminal Procedure and Evidence in England	p. 57
Investigation and Surveillance	p. 65
Surveillance and the Human Rights Act 1998	p. 73
Incorporating the European Convention on Human Rights; it's Impact on Sentencing Law	p. 81
The Human Rights Act: Post Trial and Hearing	p. 89
Regulation	p. 97
Which Regulatory Bodies are Subject to the Human Rights Act?	p. 99
Impact of the Human Rights Act Upon Compliance: The Taxation Viewpoint	p. 111
Human Rights and Corporate Wrongs: The Impact of the Human Rights Act 1998 on Section 236 of the Insolvency Act 1986	p. 121
Financial Services and the Human Rights Act	p. 131
Human Rights and Market Abuse	p. 139
Counsels' Opinions on the Impact of the ECHR on the Draft Financial and Markets Bill	p. 143
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