Cover artwork : The Physics of Law Courtesy and Copyright of the Artist : Alain K Khadem
Criminal Process and Human Rights is a comprehensive guide to the impact of human rights law upon Australian criminal process.
It gives an in-depth commentary on the actual and potential impact in Australia of the International Covenant on Civil and Political Rights (the ICCPR) and analyses the Charter of Human Rights and Responsibilities 2006 (Vic) and the Human Rights Act 2004 (ACT) from a criminal process perspective.
The authors provide a detailed coverage of key trends and developments which highlights leading cases and melds the extensive international human rights jurisprudence of the UK, Europe, Canada, the USA, South Africa, New Zealand and Hong Kong into local Australian law. This informed analysis of the major criminal process issues is thematically structured:
arrest, detention and bail in the context of the right to personal liberty, ‘the first and end of human laws’ (Blackstone)
the right to silence in both trial and pre-trial contexts
rights to security of the person and to privacy, from the most intimate invasion of personal autonomy to search of premises, and
fair trial rights and many of the vast array of judicial, prosecution and practitioner obligations, pre-trial and trial, including for example delay, disclosure, waiver of rights and witness questioning