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This textbook presents an engaging and thorough examination of the law in Northern Ireland. It guides students through the evolution of law-making, the legislative process, courts, and case law and presents a clear overview of the fundamental rules and principles of international law, public law, criminal law, and private law. It contextualises the myriad legal institutions operating in the jurisdiction, sets out how criminal and civil proceedings work in practice, and provides useful information on how people become lawyers, what lawyers actually do once they become qualified, and how the legal system is funded. The appendices set out sample sources of law so that readers can familiarise themselves with what is involved in handling legal documents. This edition has been updated following recent legal developments in Northern Ireland including the 'New Decade, New Approach' agreement of 2020 and the different elements of the power-sharing government, such as the proposed Languages Bill and the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill. It explains the effect of Brexit, in particular the new concept of 'retained EU law' and the effect of the Ireland / Northern Ireland Protocol to the EU-UK Withdrawal Agreement. Setting out the implications of the recent UK-wide reviews of administrative law and the Human Rights Act for Northern Ireland, the book examines the work of the shadow Civil Justice Council and Family Justice Board and looks at the latest developments in the reform of abortion law. It explores new Assembly legislation that addresses the use of committal proceedings in criminal cases, the protection afforded to victims of domestic violence, and the rights of other victims, for example in relation to compensation for victims and survivors of the troubles and the appointment of an interim Victims of Crime Commissioner.
In the UK and elsewhere there has been growing recognition of detainee's vulnerability and the need for robust, independent mechanisms to protect them from ill-treatment. This view was given formal recognition by the United Nations when it adopted the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) and its ratification by the UK in 2003. The basic premise of OPCAT is that protections for those who are detained can be strengthened by a system of regular visits to all places of detention. OPCAT requires the designation of a national preventive mechanism (NPM) to carry out such visits and to monitor treatment. The UK NPM was established in March 2009 when it was decided that the functions of the mechanism would be fulfilled by the collective action of 18 existing bodies with the HM Inspectorate of Prisons as co-ordinator. This report is the first annual report from the NPM in the UK. It details the individual and collective activities of its members in the period 1 April 2009 to 31 March 2010. As well as providing background information on OPCAT and the role of the NPMs, it outlines the role of the individual members and their detention-related activities. The NPM also makes its first collective recommendation that the UK government identifies any places of detention not visited by the NPM and ensures that those gaps are addressed
This book represents a critical examination of key aspects of crime and criminal justice in Northern Ireland which will have resonance elsewhere. It considers the core aspects of criminal justice policy-making in Northern Ireland which are central to the process of post-conflict transition, including reform of policing, judicial decision-making and correctional services such as probation and prisons. It examines contemporary trends in criminal justice in Northern Ireland and various dimensions of crime relating to female offenders, young offenders, sexual and violent offenders, community safety and restorative justice. The book also considers the extent to which crime and criminal justice issues in Northern Ireland are being affected by the broader processes of 'policy transfer', globalisation and transnationalism and the extent to which criminal justice in Northern Ireland is divergent from the other jurisdictions in the United Kingdom. Written by leading international authorities in the field, the book offers a snapshot of the cutting edge of critical thinking in criminal justice practice and transitional justice contexts.
In Community Punishment: European perspectives, the authors place punishment in the community under the spotlight by exploring the origins, evolution and adaptations of supervision in 11 European jurisdictions. For most people, punishment in the criminal justice system is synonymous with imprisonment. Yet, both in Europe and in the USA, the numbers of people under some form of penal supervision in the community far exceeds the numbers in prison, and many prisoners are released under supervision. Written and edited by leading scholars in the field, this collection advances the sociology of punishment by illuminating the neglected but crucial phenomenon of ‘mass supervision’. As well as putting criminological and penological theories to the test in an examination of their ability to explain the evolution of punishment beyond the prison, and across diverse states, the contributors to this volume also assess the appropriateness of the term ‘community punishment’ in different parts of Europe. Engaging in a serious exploration of common themes and differences in the jurisdictions included in the collection, the authors go on to examine how ‘community punishment’ came into being in their jurisdiction and how its institutional forms and practices have been legitimated and re-legitimated in response to shifting social, cultural and political contexts. This book is essential reading for academics and students involved in the study of both community punishment and comparative penology, but will also be of great interest to criminal justice policymakers, managers and practitioners.
This book charts the contours of the criminological enterprise in Ireland and brings together internationally recognized experts to discuss theory, research, policy and practice on a range of topics and in an international context.
Northern Ireland Prison Service : First report of session 2007-08, Vol. 2: Oral and written Evidence
Political accommodation in Northern Ireland, Israel and South Africa at the macro level may not, by itself, be sufficient to achieve the long-term goals of building peace and reconciliation. This book uses Lederach's peace-building model to explore issues which may provide a basis for transformation and a lasting peace in the three countries.