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Gemma Davies' Outputs (18)

The extradition of Mike Lynch - should the forum bar be amended? (2024)
Journal Article
Arnell, P., & Davies, G. (2024). The extradition of Mike Lynch - should the forum bar be amended?. Criminal law review, 2024(2), 104-111

The forum bar to extradition was brought into law in October 2013. It was thought it would act to protect persons from extradition where their alleged criminal acts took place in the UK and their connections with the country were such that rendition... Read More about The extradition of Mike Lynch - should the forum bar be amended?.

Law Enforcement and Judicial Co-operation in Criminal Matters (2022)
Book Chapter
Davies, G. (2022). Law Enforcement and Judicial Co-operation in Criminal Matters. In C. McCrudden (Ed.), The Law and Practice of the Ireland-Northern Ireland Protocol (285-295). Cambridge University Press. https://doi.org/10.1017/9781009109840.024

The agreeing of the TCA prevented the cliff edge consequences that law enforcement and prosecution authorities had been preparing for since 2016. The TCA sets out comprehensive provision in Part Three for Law Enforcement and Judicial Cooperation in C... Read More about Law Enforcement and Judicial Co-operation in Criminal Matters.

Extradition Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future (2020)
Journal Article
Davies, G., & Arnell, P. (2021). Extradition Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future. Journal of Criminal Law, 85(2), 98-120. https://doi.org/10.1177/0022018320977531

The Republic of Ireland and the United Kingdom have a long, close and difficult history. The most recent phase of which dates from 1998 and the conclusion of the Good Friday Agreement. Since 1921, however, there has been unique practice between Irela... Read More about Extradition Between the UK and Ireland After Brexit—Understanding the Past and Present to Prepare for the Future.

Facilitating Cross-Border Criminal Justice Cooperation Between the UK and Ireland After Brexit: ‘Keeping the Lights On’ to Ensure the Safety of the Common Travel Area (2020)
Journal Article
Davies, G. (2021). Facilitating Cross-Border Criminal Justice Cooperation Between the UK and Ireland After Brexit: ‘Keeping the Lights On’ to Ensure the Safety of the Common Travel Area. Journal of Criminal Law, 85(2), 77-97. https://doi.org/10.1177/0022018320977528

Much of the cooperation on criminal justice matters between the United Kingdom and the Republic of Ireland is based on EU level instruments. While there has been consideration of the broader impact of Brexit on the Good Friday Agreement and consensus... Read More about Facilitating Cross-Border Criminal Justice Cooperation Between the UK and Ireland After Brexit: ‘Keeping the Lights On’ to Ensure the Safety of the Common Travel Area.

UKICJCN Briefing Paper (2020)
Report
Davies, G. (2020). UKICJCN Briefing Paper. UK-Irish Criminal Justice Cooperation Network

Shining a Light on Policing of the Dark Web: An Analysis of UK Investigatory Powers (2020)
Journal Article
Davies, G. (2020). Shining a Light on Policing of the Dark Web: An Analysis of UK Investigatory Powers. Journal of Criminal Law, 84(5), 407-426. https://doi.org/10.1177/0022018320952557

The dark web and the proliferation of criminals who have exploited its cryptographic protocols to commit crimes anonymously has created major challenges for law enforcement around the world. Traditional policing techniques have required amendment and... Read More about Shining a Light on Policing of the Dark Web: An Analysis of UK Investigatory Powers.

The Forum Bar in UK Extradition Law: An Unnecessary Failure (2020)
Journal Article
Arnell, P., & Davies, G. (2020). The Forum Bar in UK Extradition Law: An Unnecessary Failure. Journal of Criminal Law, 84(2), 142-162. https://doi.org/10.1177/0022018320902544

The introduction of the forum bar into UK extradition law was unnecessary. It is a failure. It was unnecessary because extant law addressed, or could have addressed, the putative mischief giving rise to it. It is a failure because it admits only limi... Read More about The Forum Bar in UK Extradition Law: An Unnecessary Failure.

Court of Appeal High Court: Extradition, forum bar and concurrent jurisdiction: Is the case of Love a precedent for trying hackers in the UK? Lauri Love v (1) The Government of the United States of America (2) Liberty [2018] EWHC 172 (2018)
Journal Article
Davies, G. (2018). Court of Appeal High Court: Extradition, forum bar and concurrent jurisdiction: Is the case of Love a precedent for trying hackers in the UK? Lauri Love v (1) The Government of the United States of America (2) Liberty [2018] EWHC 172. Journal of Criminal Law, 82(4), 296-300. https://doi.org/10.1177/0022018318791670

Navigating Troubled Seas: the future of the Law School in the United Kingdom and the United States (2018)
Journal Article
Davies, G., & Woo, M. (2018). Navigating Troubled Seas: the future of the Law School in the United Kingdom and the United States. Journal of international and comparative law (Hong Kong), 5(1), 43-70

Legal education in both the United Kingdom and the United States has faced troubled waters in recent years. With a decrease in employment opportunities for lawyers, rising expenses in legal education and unceasing critiques from the practicing bar, l... Read More about Navigating Troubled Seas: the future of the Law School in the United Kingdom and the United States.

Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom (2017)
Journal Article
Jackson, A. M., & Davies, G. L. (2017). Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom. The International Journal of Evidence and Proof, 21(4), 330-350. https://doi.org/10.1177/1365712717692813

Criminal record information has various uses, including, in the detection of crime, as evidence in criminal proceedings, in consideration of an appropriate sentence after conviction and in determining the suitability of an individual for, or providin... Read More about Making the case for ECRIS: Post-‘Brexit’ sharing of criminal records information between the European Union and United Kingdom.

Article 8 ECHR and the Disclosure of Criminal Records: Time to Reconsider R (on the application of P and A) v (1) Secretary of State for Justice (2) Secretary of State for the Home Department and Chief Constable of Thames Valley Police (Interested Party) [2016] EWHC 89 (Admin) R (on the application of G v (1) Chief Constable of Surrey Police (2) Secretary of State for the Home Department (3) Secretary of State for Justice [2016] EWHC 295 (Admin) (2016)
Journal Article
Davies, G., & Piasecki, E. (2016). Article 8 ECHR and the Disclosure of Criminal Records: Time to Reconsider R (on the application of P and A) v (1) Secretary of State for Justice (2) Secretary of State for the Home Department and Chief Constable of Thames Valley Police (Interested Party) [2016] EWHC 89 (Admin) R (on the application of G v (1) Chief Constable of Surrey Police (2) Secretary of State for the Home Department (3) Secretary of State for Justice [2016] EWHC 295 (Admin). Journal of Criminal Law, 80(6), 399-402. https://doi.org/10.1177/0022018316678968

No More Laissez Faire? Expert Evidence, Rule Changes and Reliability: Can More Effective Training for the Bar and Judiciary Prevent Miscarriages of Justice? (2016)
Journal Article
Davies, G., & Piasecki, E. (2016). No More Laissez Faire? Expert Evidence, Rule Changes and Reliability: Can More Effective Training for the Bar and Judiciary Prevent Miscarriages of Justice?. Journal of Criminal Law, 80(5), 327-343. https://doi.org/10.1177/0022018316670967

The apparent link between miscarriages of justice in prosecutions involving expert evidence and the level of training provided to the legal profession (the Bar in particular) and the judiciary in respect of such evidence was highlighted in 2005 with... Read More about No More Laissez Faire? Expert Evidence, Rule Changes and Reliability: Can More Effective Training for the Bar and Judiciary Prevent Miscarriages of Justice?.

Advocacy 20 years on from Hampel: is it time we revisited the postgraduate teaching of advocacy? (2016)
Journal Article
Davies, G. L., & Welsh, J. (2017). Advocacy 20 years on from Hampel: is it time we revisited the postgraduate teaching of advocacy?. The Law Teacher, 51(4), 401-410. https://doi.org/10.1080/03069400.2016.1201740

This paper seeks to discuss the teaching of advocacy as a discipline with specific reference to the way in which advocacy is taught on the Bar Professional Training Course in England and Wales. The Advocacy Training Council favours the Hampel Method... Read More about Advocacy 20 years on from Hampel: is it time we revisited the postgraduate teaching of advocacy?.

Balancing the Interference with Private and Family Life of the Person whose Extradition is Sought with the Public Interest in Extradition: Has the Pendulum Swung Too Far? Polish Judicial Authorities v Celinski and Others [2015] EWHC 1274 (Admin) (2015)
Journal Article
Davies, G. (2015). Balancing the Interference with Private and Family Life of the Person whose Extradition is Sought with the Public Interest in Extradition: Has the Pendulum Swung Too Far? Polish Judicial Authorities v Celinski and Others [2015] EWHC 1274 (Admin). Journal of Criminal Law, 79(5), 309-313. https://doi.org/10.1177/0022018315605228