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Author: Derek Dunne (Lawyer)
Publisher:
ISBN: 9780414078239
Category : Appellate procedure
Languages : en
Pages : 0
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Book Description
Author: Derek Dunne (Lawyer)
Publisher:
ISBN: 9780414078239
Category : Appellate procedure
Languages : en
Pages : 0
Get Book Here
Book Description
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: 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: Hugh Southey
Publisher: Jordan Publishing (GB)
ISBN: 9781784730963
Category : Administrative remedies
Languages : en
Pages : 0
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Book Description
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: 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:
Publisher:
ISBN:
Category :
Languages : en
Pages : 224
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Book Description
Author: Great Britain. Law Commission
Publisher: Stationery Office Books (TSO)
ISBN:
Category : Business & Economics
Languages : en
Pages : 244
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Book Description
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: David M. Beatty
Publisher: BRILL
ISBN: 9004479406
Category : Law
Languages : en
Pages : 374
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Book Description
Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.
Author: Edward Samuel Corwin
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770112
Category : Constitutional history
Languages : en
Pages : 190
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Book Description
Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.
Author: Sean Doran
Publisher: Hart Publishing
ISBN:
Category : Law
Languages : en
Pages : 376
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Book Description
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.
