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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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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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.
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Attorney General's Reference (No. 2 of 2001); R v J
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If the breach is established before the hearing, the appropriate remedy may be a public acknowledgement of the breach, action to expedite the hearing to the greatest extent practicable and perhaps, if the defendant is in custody, his release on bail. 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.
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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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Defamation Act 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 ... ...
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The Criminal Procedure Rules 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 ... ...
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Common Law Procedure Act 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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Coroners and Justice Act 2009
... ... have been,the franchisee of the Crown in right of treasure trove for the place where the object ... inquests under this Part;“the court of trial” means—(a) in relation to an offence (other ... be consistent with the defendant receiving a fair trial ... (5) Condition C is that the ... ...
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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...... ... Rights (ECHR), o en combined with the right to fair trial under Article 6(1 ), has proved ... ...
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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...
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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...
- 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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Claimant's Right to a Fair Hearing
... ... The Tribunal determined that the right to a fair trial is not compromised when an employer accused of discrimination cannot produce the decision maker responsible for the alleged discrimination to face ... ...