Skip to main content

Research Repository

Advanced Search

Transposing the EU directive on the right to information: A firecracker or a damp squib? (2015)
Journal Article
Cape, E. (2015). Transposing the EU directive on the right to information: A firecracker or a damp squib?. Criminal Law Review -London-, 2015(1), 48-67

The article critically examines the way in which the European Directive on the right to information has been transposed into domestic law by amendments to the PACE Code of Practice C. It concludes that whilst the Directive has, broadly, been faithful... Read More about Transposing the EU directive on the right to information: A firecracker or a damp squib?.

The right of access to a lawyer at police stations: Making the European Union directive work in practice (2014)
Journal Article
Cape, E., & Hodgson, J. (2014). The right of access to a lawyer at police stations: Making the European Union directive work in practice. New Journal of European Criminal Law, 5(4), 450-479

Drawing on recent empirical research, the article examines the necessary conditions for effective implementation of the European Union Directive on the right of access to a lawyer. It discusses the range of complex and often inter-related factors tha... Read More about The right of access to a lawyer at police stations: Making the European Union directive work in practice.

The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors? (2013)
Journal Article
Cape, E. (2013). The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors?. Criminal Law Review -London-, 2013(4), 385-399

The article examines the provisions of the Protection of Freedoms Act 2012 dealing with the maximum length of detention without trial in terrorism cases, and stop and search under the Terrorism Act 2000. It considers whether the government's objectiv... Read More about The counter-terrorism provisions of the protection of freedoms Act 2012: Preventing misuse or a case of smoke and mirrors?.

The Protection of Freedoms Act 2012: The retention and use of biometric data provisions (2013)
Journal Article
Cape, E. (2013). The Protection of Freedoms Act 2012: The retention and use of biometric data provisions. Criminal Law Review -London-, 2013(1), 23-37

The article examines the retention and use of biometric data provisions of the Protection of Freedoms Act 2012, in the context of the expansion of police powers to take biometric samples, the adverse ECtHR decision in S and Marper v UK, and the New L... Read More about The Protection of Freedoms Act 2012: The retention and use of biometric data provisions.

Police bail without charge: The human rights implications (2010)
Journal Article
Edwards, R. A., & Cape, E. (2010). Police bail without charge: The human rights implications. Cambridge Law Journal, 69(3), 529-560. https://doi.org/10.1017/S0008197310000796

Whilst the power of the police to release a person on bail prior to trial has existed for centuries, the power to release on bail a person suspected of but not charged with a criminal offence has been available to the police only since 1925. The powe... Read More about Police bail without charge: The human rights implications.

Rebalancing the criminal justice process: Ethical challenges for criminal defence lawyers (2006)
Journal Article
Cape, E. (2006). Rebalancing the criminal justice process: Ethical challenges for criminal defence lawyers. Legal Ethics, 9(1), 56-79

This article considers the ethical obligations of criminal defence lawyers in the context of significant change to the criminal process in England and Wales. It argues that since coming to power in 1997 the government has been engaged in a programme... Read More about Rebalancing the criminal justice process: Ethical challenges for criminal defence lawyers.