Right to a Fair Trial in UK Law

Leading Cases
  • Peter Cadder Appellant
    • Supreme Court (Scotland)
    • 26 Oct 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 Jul 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 Dic 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. Limited qualification of these rights is acceptable if reasonably directed by national authorities towards a clear and proper public objective and if representing no greater qualification than the situation calls for.

  • Attorney General's Reference (No. 2 of 2001); R v J
    • House of Lords
    • 11 Dic 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). For such breach there must be afforded such remedy as may (section 8(1)) be just and appropriate or (in Convention terms) effective, just and proportionate.

  • Dyer v Watson and Another; HM Advocate v K
    • Privy Council
    • 29 Ene 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
  • Consumer Rights Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... with that term (and see also section 62 (requirement for terms to be fair)). . (7) See Schedule 3 for provision about the enforcement of this ... . . (c) where the consumer examines a trial version before the contract is made, which would have been apparent on a ......
  • 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. . . . ... Trial by jury Trial by jury . S-11 . Trial to be ......
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......as a trial court or the Court of Session. . . (e) in England and Wales or Northern ...Article 6 . Right to a fair trial . Right to a fair trial. . SCH-1.1 .   . 1. In the ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Rule 3.5 . Judgment without trial after striking out . Rule 3.6 . Setting aside ... How to start proceedings . Rule 7.3 . Right to use one claim form to start two or more claims ... that it is dealt with expeditiously and fairly; and(e) allotting to it an appropriate share of ......
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Books & Journal Articles
  • Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions
    • Núm. 8-1, Enero 2014
    • Mizan Law Review
    • WY Wodage
    • LLB, LLM, Assistant Professor of Law, Bahir Dar University, School of Law. E-mail: workusos@yahoo.com
    • 1-44
    While possession of unexplained property (illicit enrichment) is expressly criminalized under Article 419 of the 2004 Criminal Code of Ethiopia, there are practical problems in its prosecution, int...
    ...... for precaution against endangering th e right to fair trial of the accused (esp ecially the ......
  • CASES: Special Advocates, Control Orders and the Right to a Fair Trial
    • Núm. 73-5, Septiembre 2010
    • The Modern Law Review
    In Secretary of State for the Home Department v AF (No 3), the House of Lords decided that Article 6 ECHR requires a ‘core irreducible minimum’ of procedural fairness such that ‘the controlled pers...
  • Confronting Religion: Veiled Witnesses, the Right to a Fair Trial and the Supreme Court of Canada's Judgment in R v N.S.
    • Núm. 77-1, Enero 2014
    • The Modern Law Review
    The Supreme Court of Canada's decision in R v N.S. is significant because the majority seems to endorse an understanding of confrontation that assumes a defendant's right to a fair trial is imperil...
  • Editorial
    • Núm. 21-4, Octubre 2018
    • Journal of Money Laundering Control
    • 478-480
    ...... and protecting fundamental human rights This paper outlines the recent im plementation of ... of authorities eliminates the right to fair trial; and  the insuf fi ciency of clear ......
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Law Firm Commentaries
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