The separation of powers and independent, judicial decision-making are generally accepted as hallmarks of the rule of law in democratic societies. Yet the exercise of executive discretion remains an important aspect of criminal justice in many areas. Protecting the Public? explores the tension between the rights of individuals detained under criminal and mental health law and the responsibility for public protection in the little-known world of executive discretion over mentally disordered offenders. The book is based on extensive and unique empirical research conducted at the UK Home Office - with legal and clinical practitioners, with civil society organizations, and by reference to comparative jurisdictions. Central questions considered include: executive, judicial, and tribunal decision-making; mental health and criminal law reform regarding serious or high-risk offenders; the influence of human rights law on policy and practice; and the role of civil society, particularly victim i
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