Human rights in the stage of criminal investigation: a comparison between Law and practice in Saudi Arabia and England and Wales

Alkharashi, Suliman Abdullah (2015) Human rights in the stage of criminal investigation: a comparison between Law and practice in Saudi Arabia and England and Wales. Doctoral thesis (PhD), University of Sussex.

[img]
Preview
PDF - Published Version
Download (2MB) | Preview

Abstract

This thesis is a comparative study of the pre-trial procedures of England and Wales and Saudi Arabia. Its aim is to show how the pre-trial procedures of Saudi Arabia could be re-designed in order to conform to both the standards set by international human rights and the norms of Shari’ah law and argues that there is much common ground between the two. It addresses the human rights relevant to pre-trial procedures and explores in-depth how these are expressed in international human rights legislation and in the current legislation of England and Wales with particular reference to the Police and Criminal Evidence Act (1984). They are contrasted with the relevant articles of the Code of Criminal Procedure 2001 (CCP) of Saudi Arabia. Individual rights such as the right to liberty, the right silence, the right to privacy, the right to bail and the right to an effective remedy are examined in depth and relevant case law is cited throughout.
The history of pre-trial procedures and regulations in England and Wales and Saudi Arabia is explored in order to understand how these have developed into what exists today. The former is traced from the Norman period to the present day and the latter from the pre-Islamic era of the Arabian Peninsula.
The actual practice of these procedures is explored comparatively through a fieldwork project involving semi-structured interviews with police officers and lawyers in England and police officers, police officers, prosecutors and lawyers in Saudi Arabia.
The thesis ends with a thorough examination of how pre-trial procedures in Saudi Arabia could be regulated and monitored so as to bring them in line with the standards required by international human rights legislation and international practice and with the demands of Islamic law.

Item Type: Thesis (Doctoral)
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KBP Islamic Law. Sharia. Fiqh
K Law > KD Law of the United Kingdom and Ireland > KD0051 England and Wales
Depositing User: Library Cataloguing
Date Deposited: 18 Sep 2015 09:29
Last Modified: 18 Sep 2015 09:29
URI: http://sro.sussex.ac.uk/id/eprint/56824

View download statistics for this item

📧 Request an update