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Whilst quashing hundreds of convictions against people convicted of
false document offences, different constitutions of the Court of
Appeal have repeatedly warned practitioners (both defence and
prosecution) of the need to be fully informed of the law relating
to immigration offences and the defences available to criminal
charges in an immigration context. This is to the extent of
referring solicitors to the SRA due to the advice given. Despite
these warnings, there are still a number of such appeals each year
which is indicative of a widespread lack of knowledge amongst
criminal lawyers. Added to that, the recently enacted Nationality
and Borders Act 2022 creates a number of new offences and makes
radical amendments to existing ones that significantly widen the
number of people who will be liable for prosecution. Immigration
Offences will provide coverage of the investigation and prosecution
of immigration offences and ancillary proceedings. It will cover
every aspect of a criminal case from initial detention through to
the Court of Appeal. The emphasis will be on providing a practical
guide, with signposts to where further information can be found.
This title is included in Bloomsbury Professional's Immigration and
Nationality Law online service.
The law of human rights permeates every area of law. However, for
many practitioners, students and academics it often presents the
intimidating challenge of gaining a confident command of the
specific principles that apply in any given context. This is
particularly the case in domestic criminal law. This book focuses
on the impact of human rights law at every stage of the criminal
process. It traces the principal human rights issues that arise
from protections that apply during an investigation prior to a
suspect even knowing that they are a suspect, to powers of arrest
and search, and treatment at the police station It then considers
every stage of the criminal process up to any potential appeal
before the domestic courts and the European Court of Human Rights.
It is divided into four parts. Part 1 covers the fundamental
principles of the European Convention on Human Rights and the Human
Rights Act 1998 and their application in domestic law, particularly
in relation to criminal appeal. Parts 2 to 4 address the three
broad phases of a criminal case investigation, pre-trial and trial
providing an analysis of human rights law. This dynamic and
inter-disciplinary book offer a considered account of the often
complex interactions between criminal law and human rights; with a
wide range of contributors, marshalled by strong general editors.
The team comprises high quality criminal practitioners (both
solicitors and counsel), academics in the field and those whose
work is focused on the nexus between criminal law and human rights,
such as Liberty and Justice.
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