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

摘要

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.udThe 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.udThe 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.udThe 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.