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This book provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of investigation and arrest 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 underpinning theories and surrounding issues.
The book is designed as the set text for an undergraduate law module entitled Criminal Procedure and Punishment, but is suitable for courses on criminal justice, penology and criminology.
The book is divided into two linked parts. The first focuses on criminal procedure, including: the influence of adversarial and inquisitorial theory; the use (and misuse) of police powers; the trial process and fundamental fair trial rights; and sentencing. The second part focuses on punishment, including: discussion of its history; theoretical and philosophical arguments from scholars including Kant, Bentham and Rawls; punishment in the modern era; and the prison crisis.
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 overlapping topics.
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.
Ed Johnston is an Associate Professor of Criminal Justice and Procedure at the University of Northampton (UON). His research interests centre on disclosure, the rise of efficiency in the criminal justice process, the notion of adversarialism and the role of the defence lawyer. He has acted as a consultant for the Legal Policy Research Center in Kazakhstan concerning the implementation of a disclosure regime in criminal proceedings and has also given training lectures for the Judicial College on disclosure. Ed is the Director of the Criminal Justice Research Group at UON and is a Visiting Associate Professor at the University of Hong Kong.
Tom Smith is Associate Professor in Law, University of the West of England (UWE), specialising in criminal justice and procedure, criminal defence lawyers, pre-trial detention and neurodivergence in the criminal justice system. He teaches Criminal Justice and Sexual Offences at undergraduate level. Tom has worked on domestic and cross-jurisdictional research projects examining pre-trial detention, effective defence work, reporting on criminal courts, autism in criminal justice and the detention of children in custody. He has 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, the Howard Journal of Criminal Justice and the International Journal of the Legal Profession. Tom has edited two collections on disclosure of evidence (with Ed Johnston) and on autism in the criminal justice system. He is head of the Global Crime, Justice and Security Research Group at UWE and co-ordinator of the Neurodivergence in Criminal Justice Network (NICJN).
• July 2023
• 295 pages approx
• ISBN 9781838482404