BCL Law Notes Criminal Justice, Security, & Human Rights Notes
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
The following is a more accessible plain text extract of the PDF sample above, taken from our Criminal Justice, Security, & Human Rights Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
6: PRISONER’S RIGHTS
(i) THE KEY DISTINCTION – PERSONAL LIBERTY V RESIDUAL LIBERTY
Lazarus: conception of liberty deprivation |
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Summary: article concerns the legal status of a prisoner in the UK and argues that applying human rights, legality and proportionality principles, the legal status of a prisoner needs to rest on a DIVISIBLE conception of liberty which clearly articulates the KEY DISTINCTION; it is important that any conception of a prisoner’s legal status clearly distinguishes between the liberty lost/rights restricted as a consequence of the sentence being imposed as opposed to the rights restricted as a result of the administration of prison; for this to be achieved, the PURPOSE of a custodial sanction needs to be distinguished from the PURPOSE of prison administration; this article makes a comparison with Germany in order to demonstrate that the conception of the prisoner’s legal status in the UK is currently UNSTABLE as it often fails to recognise that liberty is divisible and there is no recognition of the purpose behind the administration of prison, causing the legal status of English prisoner’s to lack a foundation which is firm enough to satisfy the principles of human rights, legality and proportionality |
Introduction:
A road map for determining the legal status of a prisoner
Germany: divisible and dual conceptions of liberty deprivation
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Buy the full version of these notes or essay plans and more in our Criminal Justice, Security, & Human Rights Notes.
A collection of the best BCL notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through applications from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor". In short, these are what we believe to be the strongest set of BCL notes available in the UK this year. This collection of notes is fully updated for recent exams, also making them...
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