Martin Wasik – författare

The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection.

This book analyses, explains, and evaluates the Government's flagship criminal justice legislation, the Criminal Justice Act 2003. It provides an accessible commentary on the wide ranging and complex changes introduced by the Act, which will leave few areas of the criminal justice system untouched. The Act starts with changes to police powers, bail, cautioning, and pre-trial disclosure, and moves on to the abolition of committal proceedings and the introduction of the possibility of trials on indictment without juries. It then goes on to provide for prosecution appeals and a broad range of offences where a trial following acquittal can exceptionally be allowed. The rules on evidence are significantly reformed providing firstly, a much wider basis on which evidence of bad character (including previous convictions) can be admitted, and secondly, for the admissibility of hearsay 'where it is not contrary to the interests of justice' to admit it. The Act also provides a major restatement and reform of the sentencing framework and the provisions for release on licence, and abolishes most of the categories of exemption from the duty to perform jury service.Anyone working in the Criminal Justice System or interested in its operation will welcome this guide, which provides invaluable insights into the purposes of the Act and a detailed explanation of its provisions. The book also includes the full text of the Act.

Sentencing is one of the fastest moving areas of law, with frequent legislative changes and hundreds of reported appellate decisions each year. A Practical Approach to Sentencing - a completely updated and revised new edition of Emmins on Sentencing - offers the most comprehensive coverage of modern sentencing law, making it an essential purchase for all criminal practitioners.The book provides a clear and complete guide to the sentences which are available to the courts, describing the powers of sentencing which can be used and how they are likely to be exercised in practice by the Crown Court or magistrates' courts. Offering guidance and analysis on sentencing principles and procedures, the book also provides a practical summary of relevant sentencing guidelines and leading guideline decisions. With thorough coverage and explanation of the changes brought about by the Legal Aid, Sentencing and Punishment of Offenders Act, this new edition is an indispensable guide for criminal practitioners at all levels.The A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law, providing a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promote clarity and ease of understanding.

In 2017, in Ivey v. Genting Casinos, the Supreme Court judged that the dishonesty test is objective and should be the single one in use for any area of law. The judgment sparked some criticism regarding the inflexibility of an objective test. The subsequent 2020 Court of Appeal judgment in R. v. Barton confirmed the objective test in Ivey. However, little dedicated discussion and analysis of the dishonesty test has subsequently taken place, leaving a growing concern that the one currently in use may not be suitable for determining dishonesty in all contexts. This interdisciplinary collection challenges the idea of the single objective test by considering the issue of context in defining dishonesty. The volume is divided into three parts. The first focuses on the analysis of the concept of dishonesty and the dishonesty test, both in relation to context and its impact in determining whether or not liability arises. In the second part, the focus is on contexts of public and private dealings where dishonesty can be the reason to place liability or where its implications should be modified in order to limit liability. Finally, in the third part, the focus is on the context of healthcare practice and its interface with the conceptual dichotomy of honesty/dishonesty. The conclusion draws together shared themes, notably the issues of fairness and justice that arise from the work to demonstrate the definitional vacuum in the law on dishonesty. The book will be of interest to academics, researchers, policy-makers, and regulators working in law, ethics, or areas of professional regulation and misconduct, especially medicine, nursing, student academic misconduct, and politics. Similarly, there will be appeal to those working in relevant professional regulatory areas, such as law, healthcare, and sports governance.

This book explores the critical questions of how and why criminal justice policies emerge, and examines how criminal justice policy is understood and applied by practitioners. It questions whether diversity in implementation implies policy failure or a sign of healthy activism among local practitioners.lied by practitioners.

Well-selected and authoritative, Palgrave Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.

Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.New to this edition:- Sentencing Act 2020 (the ‘Sentencing Code’)- Criminal Procedure Rules 2020- Domestic Abuse Act 2021