Contents

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(2011) 15 E & P 281

Non-conviction DNA databases in the United States and England: historical differences, current convergences?
Liz Campbell

'Collecting DNA from crime scenes and individuals and storing it in databases is regarded increasingly as critical for criminal investigation and prosecution. This article considers the development of non-conviction DNA databases in the United States and England and Wales, and examines why current legal trajectories are in opposite directions, with the United States becoming more permissive in terms of database expansion and England and Wales less so. It posits that any such trend is contingent on many factors. Political and cultural variables in England and Wales prompted database expansion, facilitated by the absence of robust constitutional protection for privacy. Nevertheless, the jurisprudence of the European Convention on Human Rights now limits this scheme. In contrast, classical liberal ideology and the construal of the norm of privacy provided a brake in the American context, yet it appears that non-conviction databases will become more common there given extant interpretation of the US Constitution.

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(2011) 15 E & P 311

Reforming the rules of evidence in cases of sexual offending: thoughts from Aotearoa/New Zealand
Elisabeth McDonald and Yvette Tinsley

Due to a number of high-profile cases of historical sexual offending by police officers making the headlines in 2006, reforming trial process and the admissibility rules in such cases is back on the political agenda in New Zealand. Public concern has resulted in the initiation and funding of a number of research projects aimed at reform. As members of one of those project teams, the authors discuss in this article some of the most contested rules of evidence in cases of sexual offending and possible changes to those rules, comparing the New Zealand provisions to those in other jurisdictions.

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(2011) 15 E & P 338

Disclosure of foreign intelligence material: CPIA, Norwich Pharmacal and the war on terror
Chris Taylor

The statutory regime for advance disclosure in criminal cases under the Criminal Procedure and Investigations Act 1996 (CPIA) makes little express provision for material which is held by third parties. This creates particular problems in cases involving sensitive intelligence material produced, not by the domestic security services, but by their foreign counterparts. In an attempt to address this issue, the Norwich Pharmacal principle has been utilised as an alternative mechanism to secure disclosure. This article considers the approach of the courts in such cases and the extent to which this represents an additional due process protection for defendants.

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Links to other issues

Volume 5 (2001) :   1   2   3   4

Volume 6 (2002) :   1   2   3   4

Volume 7 (2003) :   1   2   3   4

Volume 8 (2004) :   1   2   3   4

Volume 9 (2005) :   1   2   3   4

Volume 10 (2006) :   1   2   3   4

Volume 11 (2007) :   1   2   3   4

Volume 12 (2008) :   1   2   3   4

Volume 13 (2009) :   1   2   3   4

Volume 14 (2010) :   1   2   3   4

Volume 15 (2011) :   1   2   3   4

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