Criminal Process and Human Rights PDF ePub eBook

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Criminal Process and Human Rights free pdf This book is a comprehensive guide to the impact of human rights law upon Australian criminal process. Increasingly, the law of Australian criminal process is being moulded by human rights instruments. The Human Rights Act 2004 (ACT) and the Victorian Charter of Human Rights and Responsibilities 2006 have altered significantly Australian criminal process requirements. In addition they have provided an indication of the potential (and, at times actual) impact across the country of the International Covenant on Civil and Political Rights (the ICCPR). This book is a commentary from a criminal justice perspective upon this legislation and its analogous international models. Its informed analysis of key criminal process issues is thematically structured: arrest, detention and bail in the context of the right to personal liberty, 'the first and end of human laws' (Blackstone) the right to silence in both trial and pre-trial contexts, rights to security of the person and to privacy, from the most intimate invasion of personal autonomy to search of premises, and fair trial rights and many of the vast array of judicial, prosecution and practitioner obligations, pre-trial and trial, including for example delay, disclosure, waiver of rights and witness questioning. As this book reveals, human rights jurisprudence is an agent for appreciating new perspectives that resonate with, but as yet have not been traversed in breadth and depth by Australian courts. Whilst human rights obligations may offer some transformative potential, in many respects its realisation rests with courts' willingness to follow courageous paths. This book provides a detailed coverage of key trends and developments. It collects together for legal practitioners, academics and law students the extensive international human rights jurisprudence of the UK, Europe, Canada, the USA, South Africa, New Zealand and Hong Kong. Key cases are highlighted throughout and all is placed into a highly readable and engaging format.

About Jeremy Gans

Jeremy Gans is an Associate Professor at Melbourne Law School. Since 2007, he has been the external consultant on human rights to the Victorian ParliamentaaC--(t)s Scrutiny of Acts and Regulations Committee and is also a consultant to that CommitteeaaC--(t)s 2011 review of the Charter. Jeremy primarily teaches evidence and criminal law, while his research covers the field of criminal justice. His publications include: A running commentary on VictoriaaaC--(t)s rights Charter (2008): archived at Charterblog, Gans J- Uniform Evidence Gans J

Details Book

Author : Jeremy Gans
Publisher : Federation Press
Data Published : 01 August 2011
ISBN : 1862878382
EAN : 9781862878389
Format Book : PDF, Epub, DOCx, TXT
Number of Pages : 400 pages
Age + : 15 years
Language : English
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