Criminal Law and Criminologyfrom Hart Publishing

Globalisation, Criminal Law and Criminal JusticeTheoretical, Comparative and Transnational PerspectivesEdited by Valsamis Mitsilegas,Peter Alldridge and Leonidas CheliotisThis book consists of the keynote papers delivered at the 2012 WG Hart Workshopon Globalisation, Criminal Law and Criminal Justice organised by the Queen MaryCriminal Justice Centre. The volume addresses from a cross-disciplinary perspectivethe multifarious relationship between globalisation, on the one hand, and criminallaw and justice, on the other hand. At a time when economic, political and culturalsystems across different jurisdictions are increasingly becoming or are perceived tobe parts of a coherent global whole, it appears that the study of crime and criminaljustice policies and practices can no longer be restricted within the boundaries ofindividual nation-states or even particular transnational regions. But in which specificfields, to what extent, and in what ways does globalisation influence crime andcriminal justice in disparate jurisdictions? Which are the factors that facilitate orprevent such influence at a domestic and/or regional level? And how does or shouldscholarly inquiry explore these themes? These are all key questions which areaddressed by the contributors to the volume.

Valsamis Mitsilegas is Director of the Criminal Justice Centre andPeter Alldridge is Draper's Professor of Law, both at Queen Mary, University ofLondon. Leonidas Cheliotis is Chancellor's Fellow in Law at the University ofEdinburgh.

November 2014

324pp Hbk

9781849464741

65 / 84.50

Liberal Criminal TheoryEssays for Andreas von HirschEdited by A P Simester, Ulfrid Neumannand Antje du Bois-PedainThis book celebrates Andreas von Hirsch's pioneering contributions to liberal criminaltheory. He is particularly noted for reinvigorating desert-based theories ofpunishment, for his development of principled normative constraints on theenactment of criminal laws, and for helping to bridge the gap between Anglo-American and German criminal law scholarship. Underpinning his work is a deepcommitment to a liberal vision of the state. This collection brings together adistinguished group of international authors, who pay tribute to von Hirsch byengaging with topics on which he himself has focussed. The essays range acrosssentencing theory, questions of criminalisation, and the relation between criminallaw and the authority of the state. Together, they articulate and defend the ideal ofa liberal criminal justice system, and present a fitting accolade to Andreas vonHirsch's scholarly life.

A P Simester is Professor of Law and Provost's Chair at the National Universityof Singapore. Ulfrid Neumann is Professor of Criminal Law, Criminal Procedure,Legal Theory and Sociology of Law at the Goethe-University in Frankfurt.Antje du Bois-Pedain is a University Senior Lecturer at the Faculty of Law,University of Cambridge.

August 2014

380pp Hbk

9781849465144

50 / 58.50

Criminal Fair Trial RightsArticle 6 of the European Convention on Human RightsRyan GossThe Article 6 fair trial rights are the most heavily-litigated Convention rightsbefore the Strasbourg Court, generating a large and complex body of case law. Withthis book, Goss provides an innovative and critical analysis of Strasbourg's Article 6case law.

The category of 'fair trial rights' includes many component rights. The existingliterature tends to chart the law with respect to each of these component rights, oneby one. This traditional approach is useful, but it risks artificially isolating the caselaw in a series of watertight compartments.

This book takes a complementary but different approach. Instead of analysing thecomponent rights one by one, it takes a critical look at the case law through anumber of 'cross-cutting' problems and themes common to all or many of thecomponent rights. For example: how does the Court view its role in Article 6 cases?When will the Court recognise an implied right in Article 6? How does the Courtassess Article 6 infringements, and when will the public interest justify aninfringement?

The book's case-law-driven approach allows Goss to demonstrate that the Court'sArticle 6 jurisprudence is marked by considerable uncertainty, inconsistency, andincoherence.

Ryan Goss is Lecturer in Law at the Australian National University, Canberra.

September 2014

248pp Hbk

9781849465502

60 / 78

The Emergence of EU Criminal LawCyber Crime and the Regulation of the Information SocietySarah Summers, Christian Schwarzenegger,Gian Ege and Finlay YoungThis book aims to highlight some of the consequences of EU involvement in thecriminal law by examining the provisions which have been adopted in the field ofinformation and communications technology. It provides, in part one, an overviewof the criminal law competence of the EU and evaluates the impact of thesedevelopments on the criminal laws of the Member States. In the second part, EUlegislation which requires Member States to regulate matters such as data protection,e-security, intellectual property and various types of illegal content through thecriminal law is analysed. In the course of this evaluation, particular consideration isgiven to issues such as the basis on which the EU institutions establish the need forcriminal sanctions, the liability of service providers and the extent to which theMember States have adhered to, or departed from, the legislation in the course ofimplementation.

Sarah Summers is Oberassistentin at the University of Zurich and a Researcher atthe Max-Planck-Institute for Foreign and International Criminal Law, Freiburg-im-Breisgau. Christian Schwarzenegger is Professor of Criminal Law, CriminalProcedure Law and Criminology and Head of the Institute of Criminology at theUniversity of Zurich. Gian Ege is a researcher working under the auspices ofChristian Schwarzenegger at the University of Zurich, Switzerland. Finlay Youngis a Scottish independent lawyer, journalist, and researcher.

August 2014

372pp Hbk

9781841137278

45 / 58.50

VOLUME 1A Comparative

Analysis

December 2012

1096pp Hbk

9781849463140

105 / 137

VOLUME 2Draft Rules and

Procedure

December 2014

475pp Hbk

9781849463157

55 / 72

Toward a Prosecutor for the European Union Volumes 1 & 2Edited by Katalin LigetiIn an era in which the EU's influence in criminal law matters has expanded rapidly,attention has recently turned to the possible creation of a European PublicProsecutor's office. This two volume work presents the results of a study carried outby a group of European criminal law experts, with the financial support of the EUCommission in 2010-2011, whose aims were to examine in detail current publicprosecution systems in the Member States and to scrutinise proposals for a newEuropean office.

Volume 1 begins with thorough descriptions of 24 different national legal systemsof investigation and prosecution, addressing a range of evidential and proceduralsafeguards. These will serve as a point of reference for all future research on publicprosecutors. Volume 1 also contains a series of cross-cutting studies of the key issueswhich will inform debates about the creation of a European Public ProsecutorsOffice, including studies of vertical cooperation in administrative investigations insubsidy and competition cases, the accession of the EU to the ECHR, judicialcontrol in cooperation in criminal matters, mutual recognition and decentralisedenforcement of European competition law.

Volume 2 presents a draft set of model rules for the procedure of the EuropeanPublic Prosecutors' Office and continues with a set of comparative studies of thenational legal systems. Volume 2 concludes with the final report, written by ProfessorLigeti, summarising the findings of the group and reporting on the prospects for theproposed reform.

Katalin Ligeti is a Professor of European and International Criminal Law at theUniversity of Luxembourg and Secretary-General of the International Associationof Penal Law.

Hearsay Evidence inCriminal ProceedingsJR SpencerThe Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purposeof criminal proceedings, enacting the recommendations of the Law Commissiontogether with some proposals from the Auld Review. In 2008, Professor Spencerwrote a book explaining the new law, intended for practitioners as well as academics.Following the style of his earlier book about the new law on bad character evidence,the core of the hearsay book was a section-by-section commentary on the relevantprovisions of the Act, discussing the case-law that had interpreted them. Since theappearance of the first edition, the new law on hearsay evidence has been thesubject of a spectacular exchange between the UK Supreme Court and the EuropeanCourt of Human Rights, the effects of which the Court of Appeal has interpreted ina several leading cases. In this new edition, the commentary is revised to takeaccount of these developments. As in the first edition, the commentary is precededby chapters on the history of the hearsay rule, and the requirements of Article6(3)(d) of the European Convention on Human Rights. It is followed by an appendixcontaining the text of the statutory provisions and a selection of the leading cases.

JR Spencer QC is Professor of Law in the University of Cambridge and a Fellowof Selwyn College, Cambridge.

2ND EDN

February 2014

506pp Pbk

9781849464635

35 / 45

March 2014

400pp Hbk

9781849461986

160 / 208

Convention on the Prevention andPunishment of the Crime of GenocideA CommentaryEdited by Christian Tams, Lars Bersterand Bjrn SchiffbauerThe 1948 UN Convention on the Prevention and Punishment of the Crime ofGenocide has a special standing in international law and international politics. Onthe occasion of the 60th anniversary of its adoption the UN High Commissioner forHuman Rights stated that 'genocide is the ultimate form of discrimination'. In thesame context the chief prosecutor of the International Criminal Court described theGenocide Convention as a 'visionary and founding text for the Court'. The Conventionhas as such influenced the subsequent development of many different areas ofinternational law. For example, the 1951 Advisory Opinion on the GenocideConvention enabled the International Court of Justice to shape the modern regimeof reservations to treaties. More recently, the prohibition against genocide hasbecome a crucial pillar of the regime of international criminal law developing sincethe 1990s, with genocide being one of the core crimes falling under the jurisdictionof the UN ad hoc tribunals, the Extraordinary Chambers in the Courts of Cambodiaand the permanent International Criminal Court.

In this work the 19 provisions of the Convention are analysed article-by-article,with abundant references to state practice and case law.

Christian Tams is Professor of International Law at the University of Glasgow.Lars Berster is Senor Research Fellow at the University of Cologne.Bjrn Schiffbauer is a Research Fellow at the University of Cologne.

Co-publication between C.H. Beck and Hart Publishing

Perpetrators and Accessories in International Criminal LawIndividual Modes of Responsibility for Collective CrimesNeha JainInternational criminal law lacks a coherent account of individual responsibility. Thisfailure is due to the inability of international tribunals to capture the distinctivenature of individual responsibility for crimes that are collective by their very nature.Specifically, they have misunderstood the nature of the collective action or frameworkthat makes these crimes possible, and for which liability may be attributed to intellectualauthors, policy makers, and leaders. In this book, the author draws on insights fromcomparative law and methodology to propose doctrines of perpetration and secondaryresponsibility that reflect the role and function of high-level participants in massatrocity, while simultaneously situating them within the political and social climatewhich renders these crimes possible. This new doctrine is developed through a novelapproach which combines and restructures divergent theoretical perspectives onattribution of responsibility in English and German domestic criminal law, as majorrepresentatives of the common law and civil law systems. At the same time, itanalyses existing theories of responsibility in international criminal law and assesseswhether there is any justification for their retention by international criminal tribunals.

Neha Jain is an Associate Professor at the University of Minnesota Law School.

May 2014

232pp Hbk

9781849464550

60 / 78

Criminal Judicial ReviewA Practitioner's Guide to Judicial Review in theCriminal Justice System and Related AreasGeneral Editor Piers von BergThis is a comprehensive guide to challenging decisions of criminal courts and publicbodies in the criminal justice system using judicial review. Written by a team ofcriminal and public law practitioners, it considers claims for judicial review arisingfrom criminal proceedings, which now represent a distinct area of public law. Theseclaims are set apart by special considerations and rules; for example, on the limits ofthe High Court's jurisdiction or the availability of relief during on-going proceedings.Criminal practitioners may lack the background to spot public law points. Equally,public law specialists may be unfamiliar with criminal law and types of issues thatarise. Criminal Judicial Review is intended as a resource for both.

The book deals with the principles, case law, remedies and, the practice and procedurefor obtaining legal aid and costs.

It will be of assistance to any practitioner preparing judicial review claims involvingthe following:

The Police and the Crown Prosecution ServiceThe Magistrates', Crown and Coroners' CourtsThe Prison Service and Probation ServiceStatutory bodies such as the Independent Police Complaints Commission and the Legal Aid AgencyClaimants who are children, young persons or have mental health disordersThe international dimension including extradition proceedings and European Union lawPractical considerations such as CPR Part 54, remedies, legal aid and costs

Piers von Berg is a Barrister at 36 Bedford Row.

June 2014

388pp Hbk

9781849465373

50 / 65

Sex, Crime and Literature in Victorian EnglandIan WardThe Victorians worried about many things, prominent among their worries being the'condition' of England and the 'question' of its women. Sex, Crime and Literature inVictorian England revisits these particular anxieties, concentrating more closelyupon four 'crimes' which generated especial concern amongst contemporaries: adultery,bigamy, infanticide and prostitution. Each engaged questions of sexuality and itsregulation, legal, moral and cultural, for which reason each attracted the considerableinterest not just of lawyers and parliamentarians, but also novelists and poets andperhaps most importantly those who, in ever-larger numbers, liked to pass theirleisure hours reading about sex and crime. Alongside statutes such as the 1857Matrimonial Causes Act and the 1864 Contagious Diseases Act, Sex, Crime andLiterature in Victorian England contemplates those texts which shaped Victorianattitudes towards England's 'condition' and the 'question' of its women: the novels ofDickens, Thackeray and Eliot, the works of sensationalists such as Ellen Wood andMary Braddon, and the poetry of Gabriel and Christina Rossetti. Sex, Crime andLiterature in Victorian England is a richly contextual commentary on a criticalperiod in the evolution of modern legal and cultural attitudes to the relation ofcrime, sexuality and the family.

Ian Ward is Professor of Law at Newcastle University.

February 2014

160pp Hbk

9781849462945

30 / 39

EU Security and Justice LawAfter Lisbon and StockholmEdited by Diego Acosta Arcarazo and Cian C MurphyThe coming into force of the Lisbon Treaty has provided the EU with new powers inthe fields of criminal law and security law while reinforcing existing powers inimmigration and asylum law. The Stockholm Programme is the latest framework forEU action in the field of justice and home affairs. It includes a range of new legislationin the fields of immigration and asylum, substantive criminal law, criminal procedureand co-operation between national criminal justice systems. The combination of thenew treaty and programme have made security and justice key areas of legislativegrowth in the EU. This volume brings together a range of leading scholars, as well assome of the most interesting new voices in the debate, to examine the state of EUsecurity and justice law after the Lisbon Treaty and the Stockholm Programme. Itprovides a critical examination of EU law in the fields of immigration, asylum,counter-terrorism, citizenship, fundamental rights and external relations. The bookalso examines the evolving roles of the EU institutions and criminal justice agencies.It provides the first comprehensive account of EU law in this field under the developingconstitutional and institutional settlement and asks what kind of EU law is emergingin this exciting field.

Diego Acosta Arcarazo is a Lecturer in Law at the University of Sheffield.Cian C Murphy is a Lecturer in Law at King's College London.

February 2014

246pp Hbk

9781849464222

50 / 65

January 2014

234pp Hbk

9781849463508

55 / 71.50

VOLUME 5 IN THE SWEDISH STUDIES IN EUROPEAN LAW SERIESEuropean Police and Criminal Law Co-operationEdited by Maria Bergstrm and Anna Jonsson CornellThis is volume 5 in the series Swedish Studies in European Law, produced by theSwedish Network for European Legal Studies. It focuses on EU criminal law andtransnational police cooperation.

Against the background of the most important changes introduced by the LisbonTreaty in the area of criminal law and police cooperation, this volume is divided intofour main sections. Each section analyses some specific challenges. The first sectionincludes a critical analysis of the boundaries of the new criminal law competencies, aswell as some more general challenges for EU criminal law. Specific focus is set on thelawmaking process. The second section deals with EU criminal law and fundamentalrights, in particular the protection of personal data and individual privacy. In thissection, focus is on the implementation of EU law into national legal orders and thechallenges that this process brings with it. The third section maps out specificchallenges in transnational police cooperation, in particular the important issue ofsharing of information between law enforcement agencies and its potential impacton the protection of fundamental rights. In the fourth section, focus is shifted towardnetworks, horizontal agency and multi-level cooperation in a wider sense within thearea of freedom, security and justice.

Maria Bergstrm is Associate Professor of European Law and Anna JonssonCornell is Associate Professor of Constitutional Law, both at Uppsala University.

EUROPEAN CRIMINALLAW REVIEWEDITOR IN CHIEF

Hart Publishing is pleased to announce that they are now distributingthe European Criminal Law Review (EuCLR) along with C.H.Beck.

This is a new journal dedicated to the development of EuropeanCriminal Law and the co-operation in criminal matters within theEuropean Union. In these areas the Lisbon Treaty has supposedlybrought about the most important changes and also the greatestchallenges for the future. It is the journal's ambition to provide aprimary forum for comprehensive discussion and critical analysisof all questions arising in relation to European Criminal Law. Itwill include articles and relevant material on topics such as:

EDITORSPetter Asp

Stockholm UniversityLuigi Foffani

University of Modenaand Reggio Emilia

Maria Kaiafa-GbandiAristotle University

of ThessalonikiIngeborg Zerbes

University of Vienna

BOARD OF EDITORSNikolaos Bitzikelis

Aristotle Universityof ThessalonikiSergiu Bogdan

Babes-Bolyai UniversityThomas Elholm

University ofSouthern Denmark

Don Frnde University of Helsinki

Helmut FuchsUniversity of Vienna

Jocelyne Leblois-HappeUniversity of Strasbourg

Adn Nieto MartinUniversity of

Castilla-La-ManchaCornelius PrittwitzJohann Wolfgang

Goethe-UniversityElisavet Symeonidou-

KastanidouAristotle University

of Thessaloniki

The harmonisation of national criminal law in considerationof European legal instruments

The implementation of the principle of mutual recognitionin the area of cooperation in criminal matters and thedevelopment towards the creation of a European PublicProsecutor

The emergence of a balanced European Criminal Policybased on fundamental rights, freedom and democracy withparticular reference to the Charter of Fundamental Rightsof the European Union and the European Convention onHuman Rights

SUBSCRIPTIONSVolume 4, 2014- Each volume consists of three issues

Print ISSN: 2191-7442; Online ISSN: 2193-5505

UK and Europe 156Overseas 170Online Only 140.40

For further information about the journal please visitWWW.HARTJOURNALS.CO.UK/EUCLR/

Helmut Satzger, Ludwig-Maximilians -University

Fascism and Criminal LawHistory, Theory, ContinuityEdited by Stephen SkinnerThis collection brings together a range of original essays by international experts inthe field to explore questions of criminal law under Italian Fascism and other similarregimes, including Franco's Spain and inter-war Romania and Japan. Addressing issuesof substantive criminal law, the form and function of criminal justice institutions,and the role and perception of criminal law in processes of transition, the collectioncasts new light on fascism's criminal legal history, and related questions of theoreticalinterpretation and historiography. At the heart of the collection is the problematicissue of continuity and similarity among fascist systems and preceding,contemporaneous and subsequent legal orders, an issue that goes to the heart offascist regimes' historical identity and the complex relationship between them andthe legal orders constructed in their aftermath.

Stephen Skinner is a Senior Lecturer in Law at the University of Exeter.

November 2014

310pp Hbk

9781849465526

50 / 65

Corruption and Human Rights Law in AfricaKolawole OlaniyanThis important new book provides a framework for complementarity betweenpromoting and protecting human rights and combating corruption. The chaptersmake three major points regarding the relationship between corruption and humanrights law. First, corruption per se is a human rights violation, insofar as it interfereswith the right of the people to dispose of their natural wealth and resources andthereby increases poverty and frustrates socio-economic development. Second,corruption leads to a multitude of human rights violations. Third, the bookdemonstrates that human rights mechanisms have the capacity to provide moreeffective remedies to victims of corruption than other criminal and civil legalmechanisms.

Kolawole Olaniyan is Legal Adviser in Amnesty International's InternationalSecretariat, London.

Privatising Public PrisonsLabour Law and the Public Procurement ProcessAmy LudlowSuccessive UK Governments have pursued ambitious programmes of private sectorcompetition in public services that they promise will deliver cheaper, higher qualityservices, but not at the expense of public sector workers. The public procurementrules often provide the legal framework within which the Government must deliveron its promises. This book goes behind the operation of these rules and explorestheir interaction with the Transfer of Undertakings (Protection of Employment)Regulations 2006 (TUPE); regulations that were intended to offer workers protectionwhen their employer is restructuring his business. The practical effectiveness of bothsources of regulation is critiqued from a social protection perspective by reference toempirical findings from a case study of the competitive tendering exercise formanagement of HMP Birmingham that was held by the National OffenderManagement Service (NOMS) between 2009 and 2011. Overall, the book challengesthe Government's portrayal of competition policies as self-evident sources ofimprovement for public services.

Amy Ludlow is a Lecturer in Law at Gonville and Caius College, Cambridge University.

Privatising Public PrisonsLabour Law and the Public Procurement Process

Amy Ludlow

November 2014

224pp Hbk

9781849466547

40 / 52

August 2014

327pp Hbk

9781849466370

50 / 65

Law and Corporate BehaviourIntegrating Theories of Regulation, Enforcement, Compliance and EthicsChristopher HodgesThe purpose of this book is to examine the theories and practice of how to controlcorporate behaviour through legal techniques. The principal theories examined aredeterrence, (especially economic analysis), the findings of empirical research onresponsive regulatory systems and the findings of behavioural psychology research.Leading examples of the various approaches are given in order to illustrate themodels: private enforcement of law through litigation in the USA, public enforcementof competition law by the European Commission, and the recent reform of policieson public enforcement of regulatory law in the United Kingdom.

Noting that behavioural psychology has as yet had only limited application in legaland regulatory theory, the book then analyses various European regulatory structureswhere behavioural techniques can be seen or could be applied. The book concludes byproposing an holistic model for maximising compliance within large organisations,combining public regulatory and criminal controls with internal corporate systemsand external influences by stakeholders, held together by a unified core of ethicalprinciples.

Christopher Hodges is Head of the CMS Research Programme on Civil JusticeSystems at the Centre for Socio-Legal Studies, University of Oxford and ErasmusProfessor of the Fundamentals of Private Law, Erasmus University.

September 2014

294pp Hbk

9781849466530

50 / 65

Law in TransitionHuman Rights, Development and Transitional JusticeEdited by Ruth Buchanan and Peer ZumbansenLaw has become the vehicle by which countries in the 'developing world', includingpost-conflict states or states undergoing constitutional transformation, must steerthe course of social and economic, legal and political change. Legal mechanisms, inparticular, the instruments as well as concepts of human rights, play an increasinglycentral role in the discourses and practices of both development and transitionaljustice. These developments can be seen as part of a tendency towards convergencewithin the wider set of discourses and practices in global governance. While thisprocess of convergence of formerly distinct normative and conceptual fields of theoryand practice has been both celebrated and critiqued at the level of theory, the presentcollection provides, through a series of studies drawn from a variety of contexts inwhich human rights advocacy and transitional justice initiatives are colliding withdevelopment projects, programmes and objectives, a more nuanced and critical accountof contemporary developments. The book includes essays by many of the leadingexperts writing at the intersection of development, rights and transitional justicestudies. Notwithstanding the theoretical and practical challenges presented by thecomplex interaction of these fields, the premise of the book is that it is only throughengagement and dialogue among hitherto distinct fields of scholarship and practicethat a better understanding of the institutional and normative issues arising incontemporary law and development and transitional justice contexts will be possible.

Ruth Buchanan and Peer Zumbansen are both Professors of Law at Osgoode HallLaw School, Toronto.

May 2014

392pp Hbk

9781849465922

60 / 78

THE IBERO - AMERICANJOURNAL OF INTERNATIONALCRIMINAL JUSTICE

EDITORIAL SECRETARY Ms. Andrea Rugeles, El Rosario University in Bogot

ADVISORY COMMITTEE ICC Judges Rene Blattamann, Elizabeth Odio Benito, and Sylvia Steiner

This new journal is a joint initiative between Hart Publishing and the Ibero-American Institutefor Peace, Human Rights and International Justice in The Hague (IIH).The journal is dedicatedto publishing the latest and best scholarship on international criminal justice from Latin Americaand the Iberian Peninsula. The journal, which will appear twice annually, collects togetherarticles and analysis on developments in international criminal law and practice, translated intoEnglish for the first time. One of the aims of the journal is to publish the winning essays fromthe annual Oscar Romero competition held to reward research by younger and establishedscholars. The journal will consist of International legislation and Case Law, Ibero-AmericanLegislation and Case Law and Book Review/Doctrine.

Hector Olasolo Alonso, University of UtrechtEDITOR IN CHIEF

For further information about the journal please visitWWW.HARTJOURNALS.CO.UK/IAJICJ/

SUBSCRIPTIONSVolume 1, 2015 - Each volume consists of one issue

Print ISSN: 2051-6657; Online ISSN: 2051-6665

Forthcomingin 2015

EbooksNearly all of Hart Publishing's books are available in ebook format - either in adobe,or epub format, or both. For information about which ebook versions are currently

available for any particular book please visit the Hart Publishing website.www.hartpub.co.uk/ebooks.html

The Privilege Against Self-IncriminationAndrew L-T ChooThe privilege against self-incrimination is often represented in the case law of Englandand Wales as a principle of fundamental importance in the law of criminal procedureand evidence. A logical implication of recognising a privilege against self-incriminationshould be that a person is not compellable, on pain of a criminal sanction, to provideinformation that could reasonably lead to, or increase the likelihood of, her or hisprosecution for a criminal offence. Yet there are statutory provisions in England andWales making it a criminal offence not to provide particular information that, ifprovided, could be used in a subsequent prosecution of the person providing it. Thisbook examines the operation of the privilege against self-incrimination in criminalproceedings in England and Wales, paying particular attention to the influence of theEuropean Convention on Human Rights and the Human Rights Act 1998. Among thequestions addressed are how the privilege might be justified, and whether its scope isclarified sufficiently in the relevant case law (does the privilege apply, for example,to pre-existing material?). Consideration is given where appropriate to the treatmentof aspects of the privilege in Australia, Canada, India, New Zealand, the USA andelsewhere.

Andrew L-T Choo is a Professor of Law at City University London and a barristerat Matrix Chambers.

Nov 2013

180pp Hbk

9781841133171

45 / 50

The Law and Practice of Piracy at SeaEuropean and International PerspectivesEdited by Panos Koutrakos and Achilles SkordasThis collection of essays provides a comprehensive assessment of the legal andpolicy approaches to maritime counter-piracy adopted by the EU and otherinternational actors over the last few years. As the financial cost of Somali piracy forthe maritime industry and the world economy as a whole was estimated to havereached $18 billion by 2010, the phenomenon of piracy at sea has steadily grown insignificance and has recently attracted the attention of international policy makers.Moreover piracy is intrinsically linked to state failure and other pathologies bred byit, such as organised crime and terrorism. In response, the EU and the UN SecurityCouncil have adopted policies aimed at tackling piracy, the EU has carried outmaritime missions off the coast of Somalia, NATO has been deploying missions inthe area since 2008, the US has been leading combined maritime forces, China hasbeen carrying out an overseas mission in the Gulf of Aden since 2009, and a numberof individual states, including India, Russia and Japan, maintain vessels patrolling thearea. However, piracy is by no means confined to the Horn of Africa, and theemphasis on the latter should not underestimate its repercussions in other areas, suchas the Gulf of Guinea or Southeast Asia.

This book adopts a holistic approach to the topic, examining approaches to piracyin different geographical areas as well as tackling the central issues which counter-piracy raises in terms of the most topical aspects of international law (internationalhumanitarian law and armed conflict, piracy and terrorism, use of force). It alsofocuses on the approach of the EU, placing counter-piracy in its broader legalcontext. Providing a detailed doctrinal exploration of the issues which counter-piracy raises, it also emphasises and draws upon the insights of the practice ofcounter-piracy by bringing together academic lawyers and the legal advisors of themain actors in the area (EU, US, NATO, UK).

Panos Koutrakos is Professor of European Union Law at City University London.Achilles Skordas is Professor of International Law at the University of Bristol.

Apr 2014

376pp Hbk

9781849464123

75 / 97.50

Restorative Justice seeks to facilitate the development andexchange of the best and most rigorously researched theoreticaland practical scholarship within the domain of RestorativeJustice (RJ). It aims to gather and present in a systematisedway the fruits of academic research as well as practice andpolicy related information on RJ worldwide, therebydeepening empirical and theoretical knowledge and achievinga fluent exchange of ideas which will stimulate debates withinthe field of restorative justice and advance the developmentof RJ worldwide in a critical and independent way.

Restorative Justice publishes original, ground-breaking andinnovative articles about RJ and as such seeks to be the leadingworldwide forum for those working in the field of RJ -academics, researchers, practitioners and policy-makers.

MANAGING EDITOREstelle Zinsstag

University of Leuven

EDITORSStephan Parmentier

University of Leuven

Inge VanfraechemUniversity of Leuven

Lode WalgraveUniversity of Leuven

BOOK REVIEWEDITOR

Gerry JohnstoneUniversity of Hull

RESTORATIVEJUSTICEEDITOR IN CHIEFIvo Aertsen,University of Leuven

SUBSCRIPTIONSVolume 2, 2014 - Each volume consists of three issues

Print ISSN: 2050-4721; Online ISSN: 2050-473X

INSTITUTIONAL RATEUK and Europe: 135 Overseas 155

PERSONAL RATEUK and Europe: 55 Overseas 80

ONLINE ONLYStandard: 121.50 Personal: 40 (Plus VAT where applicable)

Please note that some criminology associations are eligibleto receive a reduced subscription rate forRestorative Justice. For further information please visit

WWW.HARTJOURNALS.CO.UK/RJ/

Sept 2013

450pp Pbk

9781849464956

22.50 / 29

Criminal Evidence and Human RightsReimagining Common Law Procedural TraditionsEdited by Paul Roberts and Jill HunterComprising 16 essays plus the editors' thematic introduction, this volume exploresvarious aspects of the 'human rights revolution' in criminal evidence and procedurein Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand,Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and theUSA. The contributors provide expert evaluations of their own domestic law andpractice with frequent reference to comparative experiences in other jurisdictions.Some essays focus on specific topics, such as evidence obtained by torture, thepresumption of innocence, hearsay, the privilege against self-incrimination, and'rape shield' laws. Others seek to draw more general lessons about the context of lawreform, the epistemic demands of the right to a fair trial, the domestic impact ofsupra-national legal standards (especially the ECHR), and the scope for reimaginingcommon law procedures through the medium of human rights.

Paul Roberts is Professor of Criminal Jurisprudence, University of Nottingham.Jill Hunter is Professor of Law, University of New South Wales.

NEW IN PBK

Legal Aid Lawyers and the Quest for JusticeDaniel NewmanThis book examines the state of access to criminal justice by considering the healthof the lawyer-client relationship under legal aid. In the largest study of its kind forsome two decades, ethnographic fieldwork is used to gain a fresh perspective uponthe interaction that lies at the heart of the criminal justice system's equality of arms.The research produces two contradictory messages; in interview, lawyers claim apositive relationship with their clients while, under participant observation, thereemerges quite the opposite. The evidence is damning for this branch of the legalprofession - and tragic for the clients who depend on them. What is responsible forthis malaiseinadequate financial remuneration? Increased time pressures? Lapsedethical training? Whatever the origin, this book is intended to show the professionthat there is a problem - one that could get worse unless they choose to learn fromthe mistakes made by the lawyers in this study.

Daniel Newman is a research assistant at Cardiff University.

Aug 2013

198pp Hbk

9781849464338

45 / 58

Positive Obligations in Criminal LawAndrew AshworthThis book offers a set of essays, old and new, examining the positive obligations ofindividuals and the state in matters of criminal law. The centrepiece is a new,extended essay on the criminalisation of omissions - examining the duties to actimposed on individuals and organisations by the criminal law, and assessing theirmoral and social foundations. Alongside this is another new essay on the state'spositive obligations to put in place criminal laws to protect certain individual rights.Introducing the volume is the author's much-cited essay on criminalisation 'Is theCriminal Law a Lost Cause?'. The book sets out to shed new light on contemporaryarguments about the proper boundaries of the criminal law, not least by exploring thejustifications for imposing positive duties (reinforced by the criminal law) onindividuals and their relation to the positive obligations of the state.

Andrew Ashworth is Vinerian Professor of English Law at the University of Oxford.

Aug 2013

232pp Hbk

9781849465052

45 / 58

Organised Crime and the LawA Comparative AnalysisLiz CampbellThis book presents an comparative overview of the laws and policies adopted toaddress the phenomenon of organised crime in the United Kingdom and Ireland,assessing the changes to these justice systems, in terms of the prevention, investigation,prosecution and punishment of such criminality. While the notion of organised crimeis a contested one, States' legal responses treat it and its constituent offences asunproblematic in a definitional sense. This book advances a systematic doctrinalcritique of these domestic criminal laws, laws of evidence and civil processes. Thebook focuses on the tension between due process and crime control, the demands ofpublic protection and risk aversion, and other adaptations. It also examines the extentto which policy transfer is evident in the UK and Ireland in terms of emulating theUnited States in reacting to organised crime.

Liz Campbell is Senior Lecturer at the School of Law, University of Edinburgh.

Feb 2013

316pp Pbk

9781849461221

35 / 45

European Penology?Edited by Tom Daems, Sonja Snacken and Dirk van Zyl SmitIs there something distinctive about penology in Europe? If so, why is this the caseand how does it work in practice? This book addresses some major and pressing issuesthat have been emerging in recent years in the interdisciplinary field of 'Europeanpenology', that is, a space where legal scholarship, criminology, sociology and politicalscience meet - or should meet - in order to make sense of punishment in Europe. Thechapters in European Penology? have been written by leading scholars in the field andfocus in particular on the interaction of European academic penology and nationalpractice, with European policies as developed by the Council of Europe and,increasingly, by the European Union.

Tom Daems is Lecturer in Criminology and Sociology of Law at Ghent University,Belgium. Dirk van Zyl Smit is Professor of Comparative and International PenalLaw at the University of Nottingham. Sonja Snacken is Professor of Criminology,Penology and Sociology of Law at the Vrije Universiteit Brussel, Belgium.

Jan 2013

540pp Hbk

9781841137605

90 / 117

The Concept of Mens Rea in International Criminal LawThe Case for a Unified ApproachMohamed Elewa BadarThis book aims to find a unified approach to the doctrine of mens rea in the sphere ofinternational criminal law, based on an in-depth comparative analysis of differentlegal systems and the jurisprudence of international criminal tribunals since Nuremberg.Part I examines the concept of mens rea in common and continental legal systems aswell as in Islamic Shari'a law. Part II looks at the jurisprudence of the post WWII trialsand the work of the International Law Commission. A separate chapter then attemptsto define the concept of genocidal intent in light of the travaux prparatoires of the1948 Genocide Convention and further chapters discuss the boundaries of mens rea inthe jurisprudence of the International Criminal Tribunals for the former Yugoslaviaand Rwanda. The final chapter examines the definition of the mental element asprovided for in Article 30 of the Statute of the International Criminal Court in lightof the recent decisions delivered by the International Criminal Court.

Mohamed Elewa Badar is a Reader in Comparative and International Criminal Lawand Islamic Law at Northumbria University.

May 2013

384pp Hbk

9781849462334

60 / 78

Jan 2013

168pp Hbk

9781849463348

35 / 45

Genocide and Crimes Against HumanityMisconceptions and Confusion in French Law and PracticeCaroline FournetThis book explores the ambiguities of the French law of genocide by exposing theinexplicable dichotomy between a progressive theory and an overly conservativepractice. Based on the observation that the crime of genocide has remained absentfrom French courtrooms to the benefit of crimes against humanity, this researchdissects the reasons for this absence, reviewing and analysing the potential legalobstacles to the judicial use of the law of genocide before contemplating thedefinitional impact of this judicial reluctance and the consequent confusion betweenthe two crimes. Whilst it uses the French law of genocide and related case law oncrimes against humanity as its focal points, the book further adopts a more generalstandpoint, suggesting that the French misunderstandings of the crime of genocidemight ultimately be symptomatic of a more widespread misconception of the crimeof genocide as a crime perpetrated against 'a group'.

Caroline Fournet is Associate Professor and Rosalind Franklin Fellow at theDepartment of Criminal Law and Criminology at the University of Groningen.

Simester and Sullivan's Criminal LawTheory and DoctrineAP Simester, JR Spencer, GR Sullivan and GJ VirgoPraise for the previous edition"This is probably the most significant book on criminal law to be published for manyyears, because it combines a high level of detail on the relevant cases and statuteswith a searching examination of theoretical arguments that point directions for thedevelopment of law and legal doctrines...certainly sufficient for any undergraduate orpostgraduate course. This is a carefully researched, well-written and balanced book,and a fine example of many of the best features of legal scholarship"Professor Andrew Ashworth, Law Quarterly Review

This is the fifth edition of the leading textbook on criminal law by ProfessorsSimester, Spencer, Sullivan and Virgo. Simester and Sullivan is an outstanding accountof modern English criminal law, combining detailed exposition and analysis of thelaw with a careful exploration of its theoretical underpinnings. Primarily, it is writtenfor undergraduate students of criminal law and it has become the set text in manyleading universities. Additionally, the book is used as an important point of referencein academic writing and postgraduate research in England and abroad. Simester andSullivan has been cited by appellate courts throughout the world.

There have been a large number of important appellate decisions since the lastedition of this work. This new case law, among other things, provides helpful guidancefor the interpretation of offences under the Serious Crime Act 2007 and the defenceof loss of self control provided by the Coroners and Criminal Justice Act 2009. Therehave been significant developments in the laws relating to rape, self defence anddefence of property, and duress. Special mention should be made of the continuingstream of appellate cases arising from uncertainties as to the nature and scope ofsecondary liability in the crimes of others.

AP Simester is Professor of Law at the National University of Singapore.GR Sullivan is Professor of Law at University College, London.JR Spencer QC is Professor of Law at the University of Cambridge.GJ Virgo is Professor of English Law at the University of Cambridge.

Aug 2013

960pp Pbk

9781849464444

29.99 / 40

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