Interests of Justice in UK Law
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Alleged perpetrators of serious crimes applying for asylum in the Netherlands: Confidentiality, the interests of justice and security
The Refugee Convention states that asylum seekers should be excluded from refugee protection when there are ‘serious reasons for considering’ that they committed serious crimes. This article descri...
- When the ‘Interests of Justice’ Outweigh Freedom of Expression
- ‘In the interests of justice’ as the new test to exclude relevant evidence in Singapore
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The best interests of the child in the case law of the Court of Justice of the European Union
The principle that ‘in all actions relating to children (…) the child's best interests must be a primary consideration’ (Article 24(2) EU Charter of Fundamental Rights) is widely applied by the Cou...
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The best interests of the child in the case law of the Court of Justice of the European Union
The principle that ‘in all actions relating to children (…) the child's best interests must be a primary consideration’ (Article 24(2) EU Charter of Fundamental Rights) is widely applied by the Cou...
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The Safety-Valve: Discretion to Admit Hearsay Evidence in Criminal Proceedings
Section 114(1)(d) of the Criminal Justice Act 2003 gave the criminal courts discretion to admit hearsay evidence in the interests of justice. The Law Commission envisaged that the courts would only...... ... and Emma Piasecki † Abstract Section 114(1)(d) of the Criminal Justice Act 2003 gave the criminal courts discretion to admit hearsay evidence in the interests of justice. The Law Commission envisaged that the courts would only exer- ... ...
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The Duplicity of Protection—Prosecuting Frightened Victims: An Act of Gender-Based Violence
This article considers the recent developments in the prosecution of perpetrators and victims of domestic violence, and focuses on domestic and European Court of Human Rights' jurisdiction. Particu...... ... is given to hearsay and bad character provisions (Criminal Justice Act 2003) in bolstering the prosecution of perpetrators. The article nes the application by judges of the ‘interests of justice’ and ‘fair- ness’ tests in the admission of such ... ...
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The mandatory life sentence for murder: An argument for judicial discretion in England
In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that ...... ... Criminology & Criminal Justice 13(5) 506 –525 © The Author(s) 2012 Reprints and permissions: ... of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a ... ...
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Provocation in New South Wales: The need for abolition
Over the past two decades significant debate has emerged surrounding the operation of the partial defence of provocation. Such debates have led to its abolition in several Australian and internatio...... ... is no longer reflective of community values and expectations of justice. In contrast to the Australian states of T asmania, Victoria and Western ... whether the operation of provocation in NSW is still in the best interests of justice, and, specifically, whether in practice it privileges one ... ...
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Fight, flight, freeze…or lie? Rethinking the principles of res gestae evidence in light of its revival
This paper argues that it is long past time that res gestae evidence under the Criminal Justice Act 2003 s. 118(1)4(a), described here as ‘emotionally-overpowered statements’, was abolished. Res ge...... ... 114(1)(d) interests of justice test.Keywordscomparative criminal law, domestic abuse, excited ... ...
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