Overview

Criminal Procedure and Punishment provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of arrest and investigation through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but also underpinning theories and surrounding issues. The book is designed as a primary text for modules on Law and Criminology undergraduate programmes, including those which cover criminal procedure, criminal law, criminal justice, penology and criminology. The book is broadly divided into two linked parts. The first focuses on criminal procedures and practice, including: the influence of criminal justice theories and traditions; the use (and misuse) of police powers; police custody, confessions and the right to silence; the trial process and fundamental fair trial rights; appeals and sentencing; and miscarriages of justice. The second part focuses on punishment, including: discussion of its history in England and Wales; theoretical and philosophical arguments from scholars including Kant and Bentham; punishment in the modern era; and the prison crisis. This edition concludes with discussion of contemporary issues in criminal procedure and punishment. Both parts link to common themes and issues, with connections drawn between the different stages of the process and their impact on each other. The book thus offers, through doctrinal and socio-legal methods, a contemporary and rounded approach to two constantly evolving and interwoven aspects of criminal justice. New for this edition Updated context and information, expanded discussions, new cases and topical developments in areas covered in existing chapters, including reform of pre-charge bail; the explosion in the use of pre-trial detention by courts; and developments relating to special measures at trial. The book closes with a new chapter exploring two contemporary issues in criminal procedure: pre-charge engagement; and challenges in the investigation and prosecution of sexual offences.

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9781838482404

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Tom Smith is a Senior Lecturer in Law, specialising in criminal justice and procedure, criminal defence lawyers, legal aid, pre-trial detention and disclosure. He teaches Organised Crime and Criminal Justice, Criminal Procedure and Punishment, and Sexual Offences and Offending. He has worked on domestic and cross-jurisdictional research projects examining pre-trial detention, effective defence work, and reporting on criminal courts; acted as an expert consultant on pre-trial detention in China; and published a number of articles in a range of literature including the Criminal Law Review and the International Journal of the Legal Profession.

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