Contents

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JCL 70 (2006) 329

Allowing free speech and prohibiting persecution—a contemporary Sophie's Choice
Chris Newman

This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual’s right to freedom of expression is invoked as a defence to a low-level public order offence. The contrasting approach of courts in England, Australia and the USA will be examined in order to ascertain whether there is a simple balancing act to be made on a case-by-case basis or whether an optimal model of public order legislation can be established to provide some certainty when rights to freedom of expression collide with the wider rights of the community.

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JCL 70 (2006) 351

Prosecution interviews of witnesses: what more will be sacrificed to ‘narrow the justice gap'?
Laura McGowan 

It seems that prosecutors will be entitled to interview complainants and other prosecution witnesses in criminal cases. How these interviews will be conducted and at what stage of proceedings is not clear. This article considers what effect prosecution interviews may have on various stages of a criminal investigation and prosecution. It concludes that interviews for the purpose of screening out weak charges may be welcome, but great caution should be exercised when interviewing witnesses later in prosecution proceedings and that the objectivity of prosecutors and prosecution counsel should not be sacrificed in an attempt to ‘narrow the justice gap’.

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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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