Right to a Fair Trial in UK Law

Leading Cases
  • Millar v Dickson; Payne and Others v Heywood
    • Privy Council
    • 24 July 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 December 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.

  • Peter Cadder Appellant
    • Supreme Court (Scotland)
    • 26 October 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."

  • Attorney General's Reference (No. 2 of 2001); R v J
    • House of Lords
    • 11 December 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 January 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
    • January 01, 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 ......
  • Criminal Justice and Licensing (Scotland) Act 2010
    • Scotland
    • January 01, 2010
    ...... 108 of the 1995 Act (Lord Advocate's right of appeal against disposal where conviction on ... (8) Subsection (9) applies where, in the trial of a person ("the accused") charged with the ...(a) the accused person has been given fair notice of the prosecutor's intention to lead ......
  • Landlord and Tenant Law Amendment (Ireland) Act 1860
    • UK Non-devolved
    • January 01, 1860
    ......, but without Prejudice to any Remedy or Right against the Assignee of such Estate or Interest. ... shall have happened, making all just and fair Allowances in respect of the proportionate Part ... before Judgment or Service of a Notice of Trial, to pay into Court a Sum of Money for Rent, with ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • January 01, 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. . (6) An ... defined in rule 27.4, are needed to ensure a fair hearing; and . (ii) it appears necessary for a ......
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Books & Journal Articles
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Law Firm Commentaries
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Forms
  • Chapter TCTM09520
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... the right to a fair trial. the right to respect for ......
  • Chapter CH21320
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... European Convention on Human Rights (the right to a fair trial in relation to civil rights and ......
  • Chapter CH21310
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......Article 6 (the right to a fair trial) does not generally apply to ......
  • Chapter IHTM36402
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... . Implicit in the fair trial provisions of Article 6 of the European ... Rights (EHCR) are rights which include a right to silence and a right not to self incriminate. ......
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