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Criminal Justice without Human Rights? Remembering the Past, and Predicting the Future, of Police Interrogation and the Law of Improperly Obtained Evidence

Giannoulopoulos, Dimitrios. 2013. 'Criminal Justice without Human Rights? Remembering the Past, and Predicting the Future, of Police Interrogation and the Law of Improperly Obtained Evidence'. In: Howard League for Penal Reform International Conference on 'What is Justice? Re-imagining Penal Policy', Keble College, Oxford, 1-2 Oct 2013. Oxford, United Kingdom 1-2 October 2013. [Conference or Workshop Item]

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Abstract or Description

Few would have predicted that the issue of a ‘UK without Convention Rights’ would be seriously debated less than fifteen years after the introduction of the HRA, and yet the issue could not be ‘more timely or topical’, as recently admitted by Lord Dyson, the Master of the Rolls. It is against this background that the paper will pose the question of the role of human rights in determining what can and cannot happen in the criminal process. But rather than hypothesising at theoretical level, it will take the examples of police interrogation and the law of improperly obtained evidence, and will remember their past: what did these look like at a time when questions relating to suspects’ rights were generally viewed as impertinent, and was there change with the emergence of a human rights culture under the ECHR? By looking back, the paper will also make it possible to look forward, into a post-apocalyptic future of a UK criminal process that would sit outside the ECHR. Comparative examples from Scotland and France will further illustrate the positive impact of the ECHR, while examples from the law of police interrogation and improperly obtained evidence in the United States and Greece will more generally highlight the inextricable link between human rights and the criminal process, thus exposing as paradoxical efforts to separate the two.

Item Type:

Conference or Workshop Item (Paper)

Departments, Centres and Research Units:

Law

Dates:

DateEvent
1 October 2013Accepted

Event Location:

Oxford, United Kingdom

Date range:

1-2 October 2013

Item ID:

25980

Date Deposited:

13 Mar 2019 12:53

Last Modified:

03 May 2019 08:13

URI:

http://research.gold.ac.uk/id/eprint/25980

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