Right to a Fair Trial in UK Law

Leading Cases
  • Peter Cadder Appellant
    • Supreme Court (Scotland)
    • 26 Octubre 2010

    Moreover, the court finds, 49 EHRR 421, 437, para 55, that, for the right to a fair trial to remain sufficiently "practical and effective", article 6(1) requires that, as a rule ("en règle générale"), access to a lawyer "should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right."

  • Millar v Dickson; Payne and Others v Heywood
    • Privy Council
    • 24 Julio 2001

    In most litigious situations the expression "waiver" is used to describe a voluntary, informed and unequivocal election by a party not to claim a right or raise an objection which it is open to that party to claim or raise. In the context of entitlement to a fair hearing by an independent and impartial tribunal, such is in my opinion the meaning to be given to the expression.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Diciembre 2000

    What a fair trial requires cannot, however, be the subject of a single, unvarying rule or collection of rules. It is proper to take account of the facts and circumstances of particular cases, as the European Court has consistently done. Before considering the right not to incriminate oneself with which this appeal is specifically concerned, it is helpful to review the way in which the European Court has treated other rights held to be comprised within article 6.

    However, as the applicant recognised (see paragraph 38 above), the entitlement to disclosure of relevant evidence is not an absolute right.

    The jurisprudence of the European Court very clearly establishes that while the overall fairness of a criminal trial cannot be compromised, the constituent rights comprised, whether expressly or implicitly, within article 6 are not themselves absolute.

  • Attorney General's Reference (No. 2 of 2001); R v J
    • House of Lords
    • 11 Diciembre 2003

    If, through the action or inaction of a public authority, a criminal charge is not determined at a hearing within a reasonable time, there is necessarily a breach of the defendant's Convention right under article 6(1). It will not be appropriate to stay or dismiss the proceedings unless (a) there can no longer be a fair hearing or (b) it would otherwise be unfair to try the defendant.

  • Dyer v Watson and Another; HM Advocate v K
    • Privy Council
    • 29 Enero 2002

    In any case in which it is said that the reasonable time requirement (to which I will henceforward confine myself) has been or will be violated, the first step is to consider the period of time which has elapsed. Unless that period is one which, on its face and without more, gives grounds for real concern it is almost certainly unnecessary to go further, since the convention is directed not to departures from the ideal but to infringements of basic human rights.

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Legislation
  • Defamation Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ... ... (8) The common law defence of fair comment is abolished and, accordingly, section 6 ... any member of the company in pursuance of a right conferred by any statutory provision.(3) A fair ... 2013/3027, art. 2 ... Trial by jury ... 11: Trial to be without a jury ... ...
  • Consumer Rights Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... otherwise directs, they do not affect a right or duty existing under the Criminal Procedure ... and progressionrule 3.9Readiness for trial or appealrule 3.10Conduct of a trial or an ... (ii) the proposed terms of the agreement are fair, reasonable and proportionate ... (4) If the ... ...
  • Common Law Procedure Act 1852
    • UK Non-devolved
    • 1 de Enero de 1852
    ... ... of Plaintiffs may beamended before Trial. XXXIV Nonjoinder and Misjoinder of Plaintiffs ... Husband to add thereto Claims in his own Right, and separate Actions brought in respect of such ... as to prejudice, embarrass, or delay the fair Trial of the Action, the opposite Party may apply ... ...
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Books & Journal Articles
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Law Firm Commentaries
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