Handbook

This course examines core common law principles shaping criminal justice processes through the lens of human rights jurisprudence. It does this by traversing the law and practice in various jurisdictions. Its focus is upon the criminal trial process (the fair trial), police arrest (the right to liberty), search (the right to privacy) and questioning (right to silence).

As is readily apparent, 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 contemporary topics.