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Poyser Sam - Miscarriages of Justice: Causes, Consequences and Remedies

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Poyser Sam Miscarriages of Justice: Causes, Consequences and Remedies
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Miscarriages of justice occur far more frequently than we realise and have the power to ruin peoples lives. It is crucial for criminal justice practitioners to understand them, given significant developments in recent years in law and police codes of practice. This text, part of the Key themes in policing textbook series, is written by three highly experienced authors with expertise in the fields of criminal investigation, forensic psychology and law and provides an up-to-date and comprehensive analysis of miscarriages of justice. They highlight difficulties in defining miscarriages of justice, examine their dimensions, forms, scale and impact and explore key cases and their causes. Discussing informal and formal remedies against miscarriages of justice, such as campaigns and the role of the media and the Court of Appeal and the Criminal Cases Review Commission (CCRC), they highlight criticism of the activities and decision-making of the latter and examine changes to police investigation in this area. Designed to incorporate evidence-based policing, each chapter provides questions reflecting on the issues raised in the text and suggestions for further reading.

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First published in Great Britain in 2018 by Policy Press University of - photo 1
First published in Great Britain in 2018 by
Policy Press University of Bristol 1-9 Old Park Hill Bristol BS2 8BB UK Tel +44 (0)117 954 5940 e-mail
North American office: Policy Press c/o The University of Chicago Press 1427 East 60th Street Chicago, IL 60637, USA t: +1 773 702 7700 f: +1 773-702-9756 e:
Policy Press 2018
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested
ISBN 978-1-4473-2744-8 paperback
ISBN 978-1-4473-2743-1 hardcover
ISBN 978-1-4473-2746-2 ePub
ISBN 978-1-4473-2747-9 Mobi
ISBN 978-1-4473-2745-5 ePdf
The right of Sam Poyser, Angus Nurse and Rebecca Milne to be identified as authors of this work has been asserted by them in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior permission of Policy Press.
The statements and opinions contained within this publication are solely those of the authors and not of the University of Bristol or Policy Press. The University of Bristol and Policy Press disclaim responsibility for any injury to persons or property resulting from any material published in this publication.
Policy Press works to counter discrimination on grounds of gender, race, disability, age and sexuality.
Cover design by Policy Press
Front cover image: istock
Readers Guide
This book has been optimised for PDA.
Tables may have been presented to accommodate this devices limitations.
Image presentation is limited by this devices limitations.
KEY THEMES IN POLICING
Series summary : This textbook series is designed to fill a growing need for titles which reflect the importance of incorporating evidence based policing within Higher Education curriculums. It will reflect upon the changing landscape of contemporary policing as it becomes more politicised, professionalised and scrutinised, and draw out both change and continuities in its themes.
Series Editors: Dr Megan ONeill, University of Dundee, Dr Marisa Silvestri, University of Kent and Dr Stephen Tong, Canterbury Christ Church University.
Published
Understanding police intelligence work Adrian James
Plural policing Colin Rogers
Key challenges in criminal investigation Dr Martin ONeill
Forthcoming
Practical psychology for policing Dr Jason Roach
Towards ethical policing Dominic Wood
Police accountability Michael Rowe
Police culture Tom Cockroft
Police leadership Claire Davis and Marisa Silvestri
Editorial advisory board
Paul Quinton (College of Policing)
Professor Nick Fyfe (University of Dundee)
Professor Jennifer Brown (LSE)
Charlotte E. Gill (George Mason University)
Dedications
Sam Poyser
For Chris, Beth, Sonia and Graham, who have always believed in me; for Becky Milne, for her ongoing kindness and support; and for my brother Paul possibly the best police officer in the world!.
Angus Nurse
To my nephew Connor, for asking all the right questions.
Rebecca Milne
For mum and dad, for all their support; for my mentor Ray Bull, for always being there; and for my son Sam, the superstar in my life.
Contents
ABE
Achieving Best Evidence
ACPO
Association of Chief Police Officers
CALA
Criminal Appeals Lawyers Association
CCRC
Criminal Cases Review Commission
CJA
Criminal Justice Act
CJS
Criminal Justice System
CPS
Crown Prosecution Service
ECHR
European Convention on Human Rights
ECtHR
European Court of Human Rights
FACT
Falsely Accused Carers and Teachers
FASO
False Allegations Support Organisation
HMIC
Her Majestys Inspectorate of Constabulary
ICCPR
International Covenant on Civil and Political Rights
INUK
Innocence Network UK
IPCC
Independent Police Complaints Commission
IRA
Irish Republican Army
JENGbA
Joint Enterprise Not Guilty by Association
MIM
Murder Investigation Manual
MJSS
Miscarriage of Justice Support Service
MOJO
Miscarriage of Justice Organisation
MOJUK
Miscarriage of Justice UK
PACE
Police and Criminal Evidence Act
PAFAA/
SOFAP
People Against False Accusations of Abuse/
Support Organisation for Falsely Accused People
PEACE
Planning and Preparation; Engage and Explain; Account; Closure; Evaluation
PIP
Professionalising Investigation Programme
PTSD
Post-Traumatic Stress Disorder
RCCJ
Royal Commission on Criminal Justice
RCCP
Royal Commission on Criminal Procedure
Dr Sam Poyser is a Senior Lecturer in Criminology, Criminal Justice and Policing at York St John University. After graduating from the University of Portsmouth with an MSc in Criminal Justice Studies (with Distinction), Sam went on to complete a PhD in Criminology, which examined the role of the media in investigating miscarriages of justice in England and Wales. A major element of this research compared the investigative attributes, skills and training utilised by investigative journalists to those used by senior investigating officers in the police. Sam has acted as an expert adviser to the BBC on the topic of miscarriages of justice and has liaised with journalists worldwide relating to stories in this area. She has also delivered training to pre-service and in-service police officers in a variety of areas, including critical failures in criminal investigation. Sam has published widely on the topic of miscarriages of justice, most particularly on the relationship between police investigation and miscarriages of justice.
Dr Angus Nurse is Associate Professor of Environmental Justice at Middlesex University School of Law, where he teaches and researches criminology and law. Angus has research interests in criminality, critical criminal justice, animal and human rights law, anti-social behaviour, and green criminology. He is particularly interested in animal law and its enforcement and the reasons why people commit environmental crimes and crimes against animals. Angus is a member of the Wild Animal Welfare Committee (WAWC) and has previously worked in the environmental non-governmental organisation (NGO) field and as an investigator for the Local Government Ombudsman. His books include Policing wildlife (Palgrave Macmillan, 2015) and Animal harm: Perspectives on why people harm and kill animals (Ashgate, 2013).
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