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Title: Judicial cooperation in criminal matters : comparative, translational and evidential issues arising from substantive law variation
Author: Wilson, Paulina Ewa
Awarding Body: Queen's University Belfast
Current Institution: Queen's University Belfast
Date of Award: 2017
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Situated in the context of judicial cooperation within the European Union, this thesis examines the comparative, translational and evidential aspects of exchanging criminal record information between jurisdictions and, in particular, across the civil law/common law divide. To begin with, an interdisciplinary approach to legal comparisons is developed, which draws on the linguistic perspectives on meaning and the principles of legal interpretation, and combines comparative law and legal translation methodologies. Focussing on the concepts of selected non-fatal offences against the person, construction of criminal liability thereof is compared between the Polish and English legal systems. Next, a comparison is drawn of the applicability of the law sources defining the offences in the two legal orders to the same sets of facts. The results of the legal analyses are subsequently fed into the evaluation of existing translations of the offences and, ultimately, the transposition of criminal record information between jurisdictions by central authorities via the European Criminal Record Information System. Finally, the use of previous convictions as bad character evidence is explored in the English criminal process, highlighting the implications that miscommunication in this regard may have for conviction and sentencing. Recommendations are also submitted for raising awareness of interjurisdictional substantive law variation and equipping law and language professionals with the necessary skills to resolve any issues arising there from that may have an impact on translation, law or judicial practice.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available