8. Identification, care warnings, questioning at trial

2019 ◽  
pp. 150-173
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Criminal Justice ◽  
Case Law ◽  
Sexual History ◽  
Public Order ◽  
Youth Justice ◽  
Criminal Trials

This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act 1994. It then concentrates on identification evidence concerned with the Turnbull directions and the provisions of Code D to PACE 1984. It continues with a review of some procedural aspects of examination and cross examination. The chapter concludes with an examination of the rules on cross examination of complainants in sexual cases on previous sexual history and the case law under section 41 Youth Justice and Criminal Evidence Act 1999.

8. Issues in the course of trial

2017 ◽  
Author(s):  
Maureen Spencer ◽  
John Spencer
Keyword(s):  
Criminal Justice ◽  
Criminal Procedure ◽  
Case Law ◽  
Sexual History ◽  
Public Order ◽  
Youth Justice ◽  
Criminal Trials

This chapter examines a number of procedural matters in criminal trials. It first explains suspect evidence and the erosion of the rules on corroboration under the Criminal Justice and Public Order Act 1994. It then considers the Turnbull direction on identification and Lucas direction on lies by the defendant and the procedures for identification in Code D of the Police and Criminal Evidence Act 1984. It continues with a review of some aspects of examination and cross examination, including the witness’s use of memory refreshing documents under the Criminal Justice Act 2003, the admissibility of inconsistent statements of the witness under the Criminal Procedure Act 1865, and the rule of finality on collateral questions addressed to a witness. The chapter also examines the rules on cross examination of complainants in sexual cases on previous sexual history and the case law under section 41 Youth Justice and Criminal Evidence Act 1999.

Fitness to plead: implications from case-law arising from the Criminal Justice and Public Order Act 1994

2001 ◽  
Vol 12 (1) ◽  
pp. 52-62 ◽  
Author(s):  
Nicola S. Gray ◽  
Chris O'Connor ◽  
Tegwyn Williams ◽  
Jackie Short ◽  
Malcolm MacCulloch
Keyword(s):  
Criminal Justice ◽  
Case Law ◽  
Public Order

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

5. The Right to Silence and the Privilege against Self-Incrimination

2021 ◽  
pp. 115-141
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The implications for the privilege against self-incrimination of statutory provisions that criminalize the failure to provide information to law enforcement authorities are also considered.

15. Character evidence II

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Sexual History ◽  
Youth Justice ◽  
Criminal Cases ◽  
Character Evidence ◽  
S 100 ◽  
The Common ◽  
Definition Of

This chapter discusses the evidence of bad character in criminal cases since the abolition of the common law rules relating to it. It covers the definition of bad character under ss. 98 and 112 of the Criminal Justice Act 2003; evidence of bad character of accused and the admissible gateways under s. 101; evidence of bad character of persons other than accused under s. 100; safeguards in relation to evidence of bad character under s. 103; and other statutory provisions dealing with bad character, in particular those dealing with sexual history questioning: s. 41 of the Youth Justice and Criminal Evidence Act 1999.

Criminal Justice Reform in a Transitional Context: Restorative Youth Conferencing in Northern Ireland

2012 ◽  
Vol 12 (3) ◽  
pp. 549-572 ◽  
Author(s):  
David O’Mahony
Keyword(s):  
Civil Society ◽  
Criminal Justice ◽  
Northern Ireland ◽  
Restorative Justice ◽  
Transitional Justice ◽  
Justice System ◽  
Peace Building ◽  
Youth Justice ◽  
Criminal Justice Reform ◽  
Transitional Environment

This article examines the incorporation of restorative principles and practices within reforms of Northern Ireland’s youth justice system, adopted following the peace process. It considers whether restorative justice principles can be successfully incorporated into criminal justice reform as part of a process of transitional justice. The article argues that restorative justice principles, when brought within criminal justice, can contribute to the broader process of transitional justice and peace building, particularly in societies where the police and criminal justice system have been entwined in the conflict. In these contexts restorative justice within criminal justice can help civil society to take a stake in the administration and delivery of criminal justice, it can help break down hostility and animosity towards criminal justice and contribute to the development of social justice and civic agency, so enabling civil society to move forward in a transitional environment.

scholarly journals Trial and (Potential) Error: Conflicting Visions on Reparations Within the ICC System

2018 ◽  
Vol 29 (3) ◽  
pp. 221-248 ◽  
Author(s):  
Alina Balta ◽  
Manon Bax ◽  
Rianne Letschert
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Court Decisions ◽  
Criminal Trials ◽  
Conflict Situations ◽  
International Criminal Trials

Twenty years ago, the International Criminal Court (hereinafter ICC or the Court) was established holding the aim of placing victims at the heart of international criminal justice proceedings and delivering justice to them through, among others, reparations. Article 75 of the Rome Statute lays out the reparations regime, and, in practice, court-ordered reparations are a means of delivering such justice. Focusing on Court decisions on reparations, our analysis takes stock of all developments before the ICC and attempts to highlight the mismatch between characteristics inherent to the objectives of international criminal trials such as providing accountability and punishment of the accused and delivering justice for victims of mass crimes—the so-called procedural challenges. We also submit that the Court is facing conceptual challenges, related to an apparent misunderstanding of the various concepts at stake: reparations as such and the various modalities and channels of enforcing them. We conclude that although the ICC’s reparation regime may not be the best reparative response to provide justice to victims in conflict situations affected by mass victimization, we suggest that improving the ICC’s approach includes, at a minimum, tackling these challenges.

scholarly journals TRANCE-GRESSION: TECHNOSHAMANISM, CONSERVATISM AND PAGAN POLITICS

2010 ◽  
Vol 4 (2) ◽  
pp. 201-220
Author(s):  
David Green
Keyword(s):  
Criminal Justice ◽  
Environmental Politics ◽  
The Political ◽  
Public Order ◽  
Moral Panics ◽  
Especial Reference ◽  
Conservative Government ◽  
Rave Culture ◽  
Spiritual Freedom

This article looks at the politics of successive Conservative governments in Britain in the 1980s and ‘90s through the lens of the increasing politicisation of Paganisms in that period. A wave of moral panics in the late ‘80’s and early ‘90s concerning marginal communities – such as Ravers, New Age travellers and anti-road protesters – and their ‘riotous assemblies’, culminated in the Conservative Government of John Major enacting The Criminal Justice and Public Order Act of 1994. This was seen by these communities as legislation against alternative lifestyles and, in some respects, an infringement of spiritual freedom. Using the case study of technoshamanism – a Pagan meeting of ‘rave’ culture and neo-shamanism – I wish to examine how the political and Pagan religious landscapes of ‘80s and ‘90s Britain intersected and led to politically engaged forms of Pagan practice often centred around grassroots lifestyle and environmental politics. This will be explored with especial reference to the politicisation of The Spiral Tribe, a technoshamanic collective of the early ‘90s, and their increasing involvement in resisting the 1994 Act and promotion of campaigns such as Reclaim the Streets.

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