This book provides a holistic overview of the English and Welsh system of criminal justice, from the earliest stages of investigation and arrest through to the punishment and release of offenders. Aimed at students, it examines not only the law and procedure of criminal justice and punishment, but underpinning theories and surrounding issues.
The book is designed as the set text for an undergraduate law module entitled Criminal Procedure and Punishment, but is suitable for courses on criminal justice, penology and criminology.
The book is divided into two linked parts. The first focuses on criminal procedure, including: the influence of adversarial and inquisitorial theory; the use (and misuse) of police powers; the trial process and fundamental fair trial rights; and sentencing. The second part focuses on punishment, including: discussion of its history; theoretical and philosophical arguments from scholars including Kant, Bentham and Rawls; punishment in the modern era; and the prison crisis.
Both parts link to common themes and issues, with connections drawn between the different stages of the process and their impact on each other. The book thus offers, through doctrinal and socio-legal methods, a contemporary and rounded approach to two constantly evolving and overlapping topics.
The 3rd edition includes updated context and information, expanded discussions, new cases and topical developments in areas covered in existing chapters, including reform of pre-charge bail; the explosion in the use of pre-trial detention by courts; and developments relating to special measures at trial. The book closes with a new chapter exploring two contemporary issues in criminal procedure: pre-charge engagement; and challenges in the investigation and prosecution of sexual offences.