Dr Annabelle James

This article looks at the extent to which the author feels that the criminal justice process of the 21st century is equipped to deal with miscarriages of justice. Starting with an outline description of the changes to the law and the CCRC itself followed by a brief evaluation of the CCRC's work to date, the article then deals with human rights issues, assessing the potential impact of the Human Rights Act 1998 and the corresponding duties incumbent on public authorities such as the CCRC and the Court of Appeal, and addresses the extent to which the identifying and processing of miscarriages of justice will change as a result. The article concludes with the view that whilst there has, on paper at least, been a change for the better, in reality little has changed.

Personal liberty is one of the hallmarks of a free society in that citizens should be able to live their lives free from arbitrary interference by the state. Additionally, it is important to ensure that any public protection mechanisms in place are exercised proportionately. This chapter will consider the role of the police as a public authority when investigating crime and maintaining public order while ensuring that the rights of citizens under the provisions of the European Convention on Human Rights and Fundamental Freedoms 1950 and the Human Rights Act 1998 are adequately protected.

This article examines the ability of the Criminal Cases Review Commission (CCRC) to identify, investigate and rectify cases of alleged miscarriage of justice. Following a summary of the work of the CCRC over its first quarter century in operation, it analyses the extent to which its establishment addressed the purposes for which it was put into place and comments on how initial concerns have been addressed. The article focusses on the operation and interpretation of the ‘real possibility’ test under s.13 of the Criminal Appeal Act 1995, submitting that significant impediments exist when seeking a truth-based rectification of miscarriage of justice cases in cases of alleged factual innocence, with arguably undue deference given to the approach of the Court of Appeal. It also considers whether its independence is compromised. It concludes with its findings that whilst the CCRC has undoubtedly been a welcome addition to the criminal justice system, significant issues remain within the post-appeal mechanism.

The use of criminal law in the corporate setting has risen in the Corporate Governance agenda in recent months. Compelled by the prosecutions of six former Railtrack plc senior managers the paper discusses the relevance of criminal law as a disciplining force on directors and managers. The paper provides a detailed case study of Railtrack plc drawing out the major issues of relevance in applying the criminal law to a large complex company such as Railtrack plc. © 2005 Inderscience Enterprises Ltd.

CCTV evidence is regularly employed in criminal cases, yet there has been relatively little consideration of the manner in which such evidence is collected and subsequently handled. The use of CCTV evidence raises issues of disclosure, data protection and human rights, all of which have a far-reaching impact not only on the accused but also on others who find themselves recorded by surveillance systems. In addition, much of the video evidence collected during criminal investigations comes from third parties, such as shops and commercial premises, which are outside the direct control of the police. This only serves to compound the difficulty of managing such material within the investigative and trial processes.

Current analyses of the failure of Railtrack commonly blame privatisation and the subsequent fragmentation of the railway network as the main reasons for failure. The prevailing explanations are characterised by a temporal boundary (pre-post privatisation) and a spatial separation (fragmentation of the system). However, the available empirical evidence does not support these assumed boundary characterisations. Our analysis shows that past analyses of Railtrack fail to adequately consider the role of time and space. We question the conventional mode of thought and turn to viewing the phenomenon of Railtrack in processual terms and in time and space dimensions. We find that Railtrack was destined to fail due to a complex mix of interlinkage and interaction of ideology, socio-cultural issues and historical legacies.

Current analyses of the failure of Railtrack commonly blame privatisation and the subsequent fragmentation of the railway network as the main reasons for failure. The prevailing explanations are characterised by a temporal boundary (pre-post privatisation) and a spatial separation (fragmentation of the system). However, the available empirical evidence does not support these assumed boundary characterisations. Our analysis shows that past analyses of Railtrack fail to adequacy consider the role of time and space. We question the conventional mode of thought and turn to viewing the phenomenon of Railtrack in processual terms and in time and space dimensions. We find that Railtrack was destined to fail due to a complex mix of interlinkage and interaction of ideology, socio-cultural issues and historical legacies.