Contents

Volume 67 Number 6 2003
ISSN: 0022-0183  eISSN: 1740-5580

Show list with all abstracts  •  Links to other issues

Index      iii

Cases      vi

Opinion

Problems for the DPP
James Morton      443

High Court

Judicial review and the Criminal Cases Review Commission      446

Court of Appeal

Criminal Cases Review Commission and grounds of appeal: incompetence of legal representatives and joint enterprise      450

Unlawful act manslaughter and consensual activity      453

Arrest: valid grounds      465

Privy Council

Trinidad and Tobago: correctness of directions to jury      469

Trinidad and Tobago: provocation and good character      473

Identification: failure to hold a parade and to provide proper jury warnings      476

European Court of Human Rights

Covert video identification: European Convention on Human Rights, Article 8      480

Criminal Law Legislation Update
Sally Ireland       486

Comment

Anonymity for the rape accused?
Alec Samuels      492

Articles

Policing the railways and related legal issues
Kiron Reid      495

ABSTRACT

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JCL 67 (2003) 495

Policing the railways and related legal issues
Kiron Reid

This article takes the form of a critique of the government implementation of the new statutory accountability of British Transport Police (BTP). It starts with a brief review of why the role of BTP is important to the public and how the force interacts with other forces (including wider concerns about rail safety and responsibility of rail companies to the law through development of the law of corporate manslaughter). The article also considers whether current developments over policing the railways are influenced by the increasing national coordination of policing and whether national or local coordination or control of police should be increased and what legal issues arise. This is particularly debated with regard to controversy over police numbers, and touching on other non-Home Office forces such as Ports Police, as well as the role of Special Branch. An evaluation of the changes on powers and jurisdiction for the BTP in the recent anti-terrorist legislation is also included, in comparison with the extended powers and jurisdiction for UK Atomic Energy Authority and Ministry of Defence police. As with the author’s previous work many localised examples are given to give a real picture to the legal issues raised.

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The ethnic dimension in jury selection: UK and USA approaches
Paul Robertshaw      525

ABSTRACT

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JCL 67 (2003) 525

The ethnic dimension in jury selection: UK and USA approaches
Paul Robertshaw

This article commences with a discussion of recent research on perceptions of treatment of ethnic minority defendants in England, including jury trial. In this context a recent Court of Appeal decision affirms its previous decision that judges may not interfere in jury selection to ensure a fair ethnic or other balance in a jury; European Convention jurisprudence was not relevant to the particular issue before the court. At the same time the US Supreme Court made a rare visit to the problem of ethnic balance in jury selection. The majority held that the prosecution measures during the voir dire did discriminate against the defendant. The dissident justice's opinion is also analysed. The article then uses tests for statistical significance on the measures in issue considered by both majority and dissident. It is suggested that such tests would be helpful to courts generally in such cases. In conclusion a 'guaranteee' for fair ethnic representation in British juries is proposed.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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