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Author: Derek Dunne (Lawyer)
Publisher:
ISBN: 9781858006246
Category : Appellate procedure
Languages : en
Pages : 790
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Book Description
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: 9781858006246
Category : Appellate procedure
Languages : en
Pages : 790
Get Book Here
Book Description
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: 9780414078239
Category : Appellate procedure
Languages : en
Pages : 0
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Book Description
Author: Hugh Southey
Publisher: Jordan Publishing (GB)
ISBN:
Category : Law
Languages : en
Pages : 562
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Book Description
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.
Author: Tara Smith
Publisher: Cambridge University Press
ISBN: 1107114497
Category : Law
Languages : en
Pages : 303
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Book Description
This book grounds judicial review in its deepest foundations: the function, authority, and objectivity of a legal system as a whole.
Author: Piers von Berg
Publisher: Bloomsbury Publishing
ISBN: 1849468303
Category : Law
Languages : en
Pages : 758
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Book Description
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: Clayton
Publisher:
ISBN: 9780471982449
Category :
Languages : en
Pages :
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Book Description
Author: Martin Böse
Publisher: Springer Nature
ISBN: 3030557960
Category : Law
Languages : en
Pages : 446
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Book Description
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: Michael Fordham QC
Publisher: Bloomsbury Publishing
ISBN: 1847317952
Category : Law
Languages : en
Pages : 920
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Book Description
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)
Author: Christine Landfried
Publisher: Cambridge University Press
ISBN: 1316999084
Category : Law
Languages : en
Pages : 411
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Book Description
The power of national and transnational constitutional courts to issue binding rulings in interpreting the constitution or an international treaty has been endlessly discussed. What does it mean for democratic governance that non-elected judges influence politics and policies? The authors of Judicial Power - legal scholars, political scientists, and judges - take a fresh look at this problem. To date, research has concentrated on the legitimacy, or the effectiveness, or specific decision-making methods of constitutional courts. By contrast, the authors here explore the relationship among these three factors. This book presents the hypothesis that judicial review allows for a method of reflecting on social integration that differs from political methods, and, precisely because of the difference between judicial and political decision-making, strengthens democratic governance. This hypothesis is tested in case studies on the role of constitutional courts in political transformations, on the methods of these courts, and on transnational judicial interactions.
Author: Hugh Southey
Publisher: Jordans
ISBN: 9780853085669
Category : Law
Languages : en
Pages : 355
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Book Description
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.
