Use this URL to cite or link to this record in EThOS: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.726808
Title: The rights and guarantees of the accused at the pre-trial stage : a comparative study between the English law and the UAE law
Author: Almansoori, Humoud
ISNI:       0000 0004 6422 2243
Awarding Body: Glasgow Caledonian University
Current Institution: Glasgow Caledonian University
Date of Award: 2016
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Abstract:
Legislators have a crucial responsibility to safeguard the voiceless and vulnerable. Disproportionately those already marginalised and socially deprived in our communities are those that stand accused; finding themselves further disadvantaged facing the full force of the state's resources, poised to potentially lose both freedom and reputation, perhaps forever. This thesis is a comparative study of the lawfully prescribed pre-trial rights and guarantees of the accused contained within the English and Emirati legal systems, considering statutory and common law. It engages with and, at times, expands on existing literature on these civil rights and, where possible, contemplates the complexities contained in the connections linking the law in theory and the law as it is practised. It locates the historical antecedents of such modem protections in ancient Roman and Grecian law, as well as in Pharaonic Egyptian law and Islamic Shari'ah, discussing this last in most depth due to its influence on modem Emirati law. A discussion equating to a simplistically disparate disjunction of a secular system and an Islamic one however, would be reductive and flawed, partly since English law is not, as is sometimes presumed, entirely secular. Concurrence among legislators and among commentators is a prerequisite to consistent enactment of safeguards for the accused; international agreements and the relative merits of the adversarial and inquisitorial systems are considered herein. In a similar vein, the accused's rights and guarantees are discussed pertaining to the stage of gathering inferences and the elementary investigative stage, with particularly close consideration of the presumption of innocence principle during the former phase, the right to remain silent during the latter, and contrasting views on access to legal representation during both. Finally, prior to conclusions and recommendations, inference authorities ' functions are explored along with the resultant penalties from breaching the accused's rights: nullity and criminal and civil liability. The adopted approach throughout utilises contrast, correlation and analogous analyses to ascertain areas requiring amelioration.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.726808  DOI: Not available
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