This new book is partly based on an earlier book, Criminal Justice, Police Powers and Human Rights (Blackstone's, 2001), which was published immediately after the Human Rights Act came into force. The subsequent developments in the criminal justice/human rights field have been so numerous, that a new dedicated text on the subject is required as opposed to just a new edition of the authors' previous book. This new book provides a detailed and practical analysis of the impact of UK human rights law on the investigation and prosecution of crime. It deals systematically with the various stages of investigation, arrest and detention in police custody, court procedure, evidence, sentencing, and appeals. The narrative provides a comprehensive, in-depth examination of the Regulation of Investigatory Powers Act (RIPA), looking in detail at the relationship between human rights and police investigatory and surveillance powers.
The book is aimed directly at practitioners, and is logically divided into chapters dealing with a particular aspect of human rights in relation to the criminal process, including; the interception of communications and surveillance and intelligence issues; arrest and detention; bail; disclosure; mental health and capacity; sentencing; the rights of victims; extradition; and proceeds of crime.
Madeleine Colvin is a Human Rights Consultant. Jonathan Cooper O.B.E. is based at Doughty Street Chambers and is a leading name in the field of human rights law.
1. Introduction ; 2. An Introduction to Covert Policing ; 3. Property interference: Police Act 1997 Part III ; 4. The Interception of Communications: The Regulation of Investigatory Powers Act 2000 Part I ; 5. Surveillance and Covert Human Intelligence Sources: the Regulation of Investigatory Powers Act 2000 Part II ; 6. Powers to Stop, Search, Enter, and Seize ; 7. Arrest and Detention ; 8. Collection and Retention of Personal Data ; 9. Bail ; 10. Disclosure ; 11. Fair Trial ; 12. The Media ; 13. Evidence ; 14. Self-Incrimination, the Right to Silence, and the Reserve Burden of Proof ; 15. Extradition ; 16. Mental Health and Capacity ; 17. Obligation to Prevent Crime and to Protect and Provide Redress to Victims of Crime ; 18. Victims of Crime and the Criminal Justice System ; 19. Sentence ; 20. The Application of the ECHR to Appeals ; APPENDIX 1: HUMAN RIGHTS ACT 1998