All Outputs (13)

Released under investigation: High time to bail out (2022)
Journal Article

Prior to the Policing and Crime Act 2017, the provision of bail was set out by the Bail Act and refined by the Police and Criminal Evidence Act 1984 (PACE). Bail provisions changed under the Policing and Crime Act 2017, which created a presumption ag... Read More about Released under investigation: High time to bail out.

The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules (2019)
Journal Article

© The Author(s) 2019. This article contends that piecemeal changes to the adversarial process since the dawn of the new millennium have transformed the CJS. The advent of (near) compulsory disclosure means the defendant has to reveal many elements of... Read More about The adversarial defence lawyer: Myths, disclosure and efficiency—A contemporary analysis of the role in the era of the Criminal Procedure Rules.

Defendant participation in the criminal process book review (2018)
Journal Article

Abenaa Owusu-Bempah’s book, Defendant Participation in the Criminal Process, argues that the growing obligation for the defendant to participate in the criminal process lacks justification. The first half of the book creates a normative theory that t... Read More about Defendant participation in the criminal process book review.

Howzat?!: In limbo: Ben Stokes and the use of released under investigation (2017)
Journal Article

This article examines the decrease in the use of police bail and the increase in Released Under Investigation. The article highlights a number of differing issues with the use of RUI and examines the Ben Stokes case a prime example; he is effectively... Read More about Howzat?!: In limbo: Ben Stokes and the use of released under investigation.

The digital revolution: Body worn cameras and ‘street’ interviews (2017)
Journal Article

This article examines the idea that the police can interview suspects away from the police station. The article focuses on the due process concerns of such activity.

(The lack of) disclosure and the constant drive for efficiency (2017)
Journal Article

With the recent HMIC report on the disclosure of unused material and the Mouncher Report (both published July 2017) calling for both: 1. Better training of disclosure officers and 2. Better communication between the police and CPS; this paper calls... Read More about (The lack of) disclosure and the constant drive for efficiency.

The early guilty plea scheme and the rising wave of managerialism (2017)
Journal Article

This article examines the ramifications of the early guilty plea scheme. The article highlights a number of issues for both adversarialism and ever increasing desire for a more efficient criminal justice process.

The prison system is in crisis: Let's not look to Hollywood for the answer (2017)
Journal Article

Recently, the Justice Secretary, Liz Truss, suggested the prison system in England and Wales should mirror the Shawshank Redemption. Truss intimates that the system should be a place of hope and reform. This article points out the option to focus on... Read More about The prison system is in crisis: Let's not look to Hollywood for the answer.

All rise for the interventionist: The judiciary in the 21st century (2016)
Journal Article

This paper will examine the changing role played by the judiciary in criminal trials. The paper examines the genesis of the adversarial criminal trial that was born out of lifting the prohibition on defence counsel in trials of treason. The paper wil... Read More about All rise for the interventionist: The judiciary in the 21st century.

Brain scanning and lie detectors: The implications for fundamental defence rights (2016)
Journal Article

This paper will explore how the use of neuroscientific technology to identify deception may impact on the human rights of the accused. The particular focus of the paper centres on accused persons in England and Wales. However, in order to understand... Read More about Brain scanning and lie detectors: The implications for fundamental defence rights.

The early guilty plea: The need for adequate disclosure (2016)
Journal Article

This paper examines the implementation of the early guilty plea scheme. Furthermore, the paper highlights the potential ramifications the scheme holds for both defendants and adversarial criminal justice in England and Wales.

The innocent cannot afford to plead guilty: The impact of the criminal court charge (2015)
Journal Article

The article examines the impact of the controversial criminal court charge. The article suggests there are wide ranging consequences of the charge which exacerbate the already over crowded prison system. Furthermore, the charge is in direct conflict... Read More about The innocent cannot afford to plead guilty: The impact of the criminal court charge.

Neuroscientific evidence: A criminal justice dream or an adversarial nightmare? (2013)
Journal Article

This exploratory paper seeks to examine the use of neuroscientific evidence in the criminal trial process. Such evidence is not currently employed in the pre-trial or trial stages in England and Wales. However, the first use of polygraph lie detector... Read More about Neuroscientific evidence: A criminal justice dream or an adversarial nightmare?.