Right to a Fair Trial in UK Law
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Peter Cadder Appellant
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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."
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Attorney General's Reference (No. 2 of 2001); R v J
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If the hearing is shown not to have been fair, a conviction can be quashed and a retrial ordered if a fair trial can still be held. If the hearing is shown to have been by a tribunal lacking independence or impartiality or legal authority, a conviction can be quashed and a retrial ordered if a fair trial can still be held. If judgment was not given publicly, judgment can be given publicly. If a breach of the reasonable time requirement is shown to have occurred it cannot be cured.
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.
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Millar v Dickson; Payne and Others v Heywood
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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.
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Brown v Stott (Procurator Fiscal, Dunfermline)
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The Court has also recognised the need for a fair balance between the general interest of the community and the personal rights of the individual, the search for which balance has been described as inherent in the whole of the Convention: see Sporrong and Lönnroth v. Sweden (1982) 5 EHRR 35, at paragraph 69 of the judgment; Sheffield and Horsham v. United Kingdom (1998) 27 EHRR, 163, at paragraph 52 of the judgment.
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Dyer v Watson and Another; HM Advocate v K
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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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Attorney General's Reference (No. 2 of 2001); R v J
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It seems to us in general that the approach that previously existed as to the provision of the remedy of staying the proceedings should be confined, as it was prior to the Convention becoming part of our domestic law, to situations which in general terms can be described as amounting to an abuse of the process of the courts.
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Defamation Act 2013
... ... 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 ... 11: Trial to be without a jury ... ...
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Common Law Procedure Act 1852
... ... or lessor, to whom the same is due, hath right by law to re-enter for the nonpayment thereof, ... , by affidavit, or be proved upon the trial in case the defendant appears, that half a years ... ...
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Human Rights Act 1998
... ... has arisen in connection with a Convention right must take into account any— ... of Justiciary sitting otherwise than as a trial court or the Court of Session; ... Article 6: Right to a fair trial ... ...
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Civil Procedure Rules 1998
... ... which issues need full investigation and trial and accordingly disposing summarily of the ... the order must contain a statement of the right to make such an application ... defined in rule 27.4, are needed to ensure a fair hearing; and ... ...
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Burdens and Standards of Proof in Possession of Unexplained Property Prosecutions
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...... ... need for precaution against endangering the right to fair trial of the accused (especially the ... ...
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Property Protection as a Limit to Deteriorating Social Security Protection
This paper explores how the protection of property rights can serve as a limit to deteriorating social security protection. The protection of property rights under Article 1 of the First Protocol t...... ... Human Rights (ECHR), o en combined with the right to fair trial under Article6(1), has proved a ... ...
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Constrained Waiver of Trial Rights? Incentives to Plead Guilty and the Right to a Fair Trial
This article develops an interpretative framework to examine when incentives to plead guilty should be found to constrain defendant choice to waive fair trial rights under the European Convention o...
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Judicial analytics on trial: An assessment of legal analytics in judicial systems in light of the right to a fair trial
This article informs about certain legal analytics tools that can be used to predict the outcome of cases. It identifies and assesses some challenges to the right to a fair trial that appear in cas...
- Disclosure - Striking The Right Balance Between A Fair Trial In The English Courts And The Risk Of Prosecution Abroad
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The Impact Of The Human Rights Act 1998 On Commercial Practice
... ... frequently invoked the protection of the right to fair trial guaranteed by Article 6 before the ... ...
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The Supreme Court Decision In Flood, Miller And Frost: A Claimant Lawyer's Perspective
... ... liabilities was incompatible with the right to freedom of expression in Article 10) and moved ... premium could infringe a party's right to fair trial under Article 6. Likewise, in circumstances ... ...
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Will A Refusal To Offer A Trial Period Make A Redundancy Dismissal Unfair?
...Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead ... EAT has made clear that a redundancy dismissal is very unlikely to be fair in all the circumstances where the employer fails to offer a trial period ... ...