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Constitutional law in this context concerns how criminal justice operates within the framework of the constitution, including fundamental rights, the powers of police and prosecutors, and the limits on state action. It covers challenges to detention, searches, and other police or prosecutorial conduct that may infringe rights, and it addresses how these rights are protected in criminal proceedings.
A solicitor in this area drafts case papers, raises issues under the Human Rights Act and the European Convention on Human Rights, instructs and represents on applications for judicial review, and argues in courts or tribunals to secure proper process, lawful detention, and proportionate state action. They engage with police, Crown Prosecution Service, defence teams, and potentially higher tribunals like the Court of Appeal or Supreme Court to clarify or protect constitutional rights.
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