Handbook

This course examines core common law precepts shaping criminal justice processes through the lens of human rights jurisprudence. It does this by traversing the law and practice in various jurisdictions with a focus upon police arrest, search, questioning and also criminal trial processes. These themes are analysed from the perspective of human rights jurisprudence incorporating the rights to liberty, privacy, the privilege against self-incrimination and the various legal obligations bundled under fair trial rights (such as the presumption of innocence, equality of arms, ‘speedy’ trial and ‘confrontation’ rights). The course pursues this intersection of the common law and human rights jurisprudence through current issues, systemic pressure points and key topics that may vary from year to year. Students from both common law and human rights traditions are encouraged to explore areas of special interest.