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All Outputs (29)

The rise and decline of criminal legal aid in England and Wales (2017)
Book Chapter
Smith, T., & Cape, E. (2017). The rise and decline of criminal legal aid in England and Wales. In A. Flynn, & J. Hodgson (Eds.), Access to Justice and Legal Aid: Comparative Perspectives on Unmet Legal Need (63-86). (1). Hart Publishing

In this chapter we argue, with regret, that the prospects for criminal legal aid in England and Wales are bleak. We begin by tracing the development of the modern system of criminal legal aid, from its inception as an essential element of the welfare... Read More about The rise and decline of criminal legal aid in England and Wales.

The practice of pre-trial detention in England and Wales: Research report (2016)
Report
Cape, E., & Smith, T. (2016). The practice of pre-trial detention in England and Wales: Research report

This study of pre-trial detention (PTD) decision-making in England and Wales is part of a 10 country study funded by the European Commission, and managed by Fair Trials. The authors conducted a defence lawyer survey, observed PTD hearings, examined C... Read More about The practice of pre-trial detention in England and Wales: Research report.

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?.

Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion (2015)
Book Chapter
Cape, E. (2015). Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion. In D. Ormerod (Ed.), Blackstone's Criminal Practice 2016. Oxford: Oxford University Press

Two sections of a standard text for judges, prosecutors and criminal lawyers on criminal law and procedure. It provides a practical and scholarly account of English criminal law, evidence and procedure. The book is written by a team of leading practi... Read More about Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion.

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.

Section D1 powers of investigation, and section D2 the decision to prosecute and diversion (2014)
Book Chapter
Cape, E. (2014). Section D1 powers of investigation, and section D2 the decision to prosecute and diversion. In L. Hooper, & D. Ormerod (Eds.), Blackstone's Criminal Practice 2015. Oxford: Oxford University Press

Two sections of a standard text for judges, prosecutors and criminal lawyers on criminal law and procedure. It provides a practical and scholarly account of English criminal law, evidence and procedure. The book is written by a team of leading practi... Read More about Section D1 powers of investigation, and section D2 the decision to prosecute and diversion.

Early access to legal aid in criminal justice processes: A handbook for policymakers and practitioners (2014)
Other
Cape, E. (2014). Early access to legal aid in criminal justice processes: A handbook for policymakers and practitioners. New York

This handbook was commissioned by the United Nations Office on Drugs and Crime, offering practical advice and guidance on implementing, at the early stages of the criminal process, the UN Principles and Guidelines on Access to Legal Aid in Criminal J... Read More about Early access to legal aid in criminal justice processes: A handbook for policymakers and practitioners.

Inside police custody: An empirical account of suspects' rights in four jurisdictions (2013)
Book
Blackstock, J., Cape, E., Hodgson, J., Ogorodova, A., & Spronken, T. (2013). Inside police custody: An empirical account of suspects' rights in four jurisdictions. Mortsel and Cambridge: Intersentia

This empirical study of the procedural rights of suspects in four EU jurisdictions - France, Scotland, the Netherlands and England and Wales - focuses on three of the procedural rights set out in the EU Roadmap for strengthening the procedural rights... Read More about Inside police custody: An empirical account of suspects' rights in four jurisdictions.

Blackstone's criminal practice 2014 sections D1 and D2 (2013)
Book Chapter
Cape, E. (2013). Blackstone's criminal practice 2014 sections D1 and D2. In D. Ormerod, & A. Hooper (Eds.), Blackstone's Criminal Practice. Oxford, UK: Oxford University Press

A standard text on criminal practice published annually, with three supplements.

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.

Section D1 powers of investigation, and section D2 The decision to prosecute and diversion (2012)
Book Chapter
Cape, E. (2012). Section D1 powers of investigation, and section D2 The decision to prosecute and diversion. In L. Hooper, & D. Ormerod (Eds.), Blackstone's Criminal Practice 2013. Oxford: Oxford University Press

Two sections of a standard text for judges, prosecutors and criminal lawyers on criminal law and criminal procedure. It provides a practical and scholarly account of English criminal law, evidence and procedure. The book is written by a team of leadi... Read More about Section D1 powers of investigation, and section D2 The decision to prosecute and diversion.

Improving pretrial justice: The roles of lawyers and paralegals (2012)
Other
Cape, E. (2012). Improving pretrial justice: The roles of lawyers and paralegals. New York

Using evidence from around the world, this book seeks to demonstrate that early intervention by lawyers and paralegals can have a positive impact on pretrial justice in general, and pretrial detention in particular. The evidence shows that early inte... Read More about Improving pretrial justice: The roles of lawyers and paralegals.

Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion (2011)
Book Chapter
Cape, E. (2011). Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion. In L. J. Hooper, & D. Ormerod (Eds.), Blackstone's Criminal Practice. Oxford University Press

Two sections of a standard text for judges, prosecutors and criminal lawyers on criminal law and criminal procedure. It provides a practical and scholarly account of English criminal law, evidence and procedure. The book is written by a team of leadi... Read More about Section D1 powers of investigation, and Section D2 the decision to prosecute and diversion.

National approaches to effective criminal defence: England and Wales (2010)
Book Chapter
Cape, E. (2010). National approaches to effective criminal defence: England and Wales. In E. Cape, Z. Namaradze, R. Smith, & T. Spronken (Eds.), Effective Criminal Defence in Europe (107-163). Antwerp: Intersentia

This book chapter reports the findings of research on access to effective criminal defence in England and Wales, conducted as part of a nine country European study.

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.