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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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