Equality of Arms in UK Law

  • The EPPO and the equality of arms between the prosecutor and the defence1
    • 0000
    This piece looks at the principle of equality of arms in EPPO proceedings, arguing that it should be looked at as a mandate for maximisation rather than only as a requirement of meeting certain min...
  • Non-Disclosure of Prosecution Evidence and Equality of Arms: Edwards and Lewis v United Kingdom
    • No. 8-2, March 2004
    • International Journal of Evidence & Proof, The
  • A comparison between the standard of proof applicable in arbitration and formal adjudication
    • No. 25-1, January 2021
    • International Journal of Evidence & Proof, The
    This article aims to describe the application of the standard of proof in arbitration and to question whether the standard to be applied should be the same as or lower than in ordinary civil justic...
    ... ... of the applicable standard takes into consideration the equality of arms and other guarantees of due process, along with the fact of the ... ...
  • Bent into Security: Barrister Contribution to a Skewed Order in Two Terrorism Prosecutions in Australia
    • No. 44-2, June 2017
    • Journal of Law and Society
    This article explores two terrorism prosecutions – R v. Benbrika and Ors and R v. Elomar and Ors – to probe how Australian lawyers approach the integration of national security interests into the h...
    ... ... : accommodation to the pre- cautionary standard, the resetting of equality of arms expectations, and brokered agreements that depend on the ... ...
  • The Proposed Plea Bargaining in Ethiopia: How it Fares with Fundamental Principles of Criminal law and Procedure
    • No. 10-2, July 2016
    • Mizan Law Review
    • Alemu Meheretu
    • Alemu Meheretu Negash (PhD), Assistant Professor of Law, JU. Email: alemeheret@gmail.com.
    • 400-429
    The FDRE Criminal Justice Policy embodies multiple reforms that are meant to address the various problems in the Ethiopian criminal justice system. The reforms include the introduction of plea barg...
    ... ... : the principle of presumption of innocence, the principle of equality, the principle of equality of arms, the principle of truth discovery, the ... ...
  • The European Investigation Order: Changing the Face of Evidence-Gathering in EU Cross-Border Cases
    • No. 2-4, December 2011
    • New Journal of European Criminal Law
    This article examines the controversial European Investigation Order – a Belgium-led Member States' legislative initiative whereby a single “mutual recognition” style instrument will replace the ex...
    ... ... , data protection and investigative procedures in an EU where equality of ar ms is not a feature of many legal systems. Keywords: ... ...
  • Trials in absentia and the cuts to criminal legal aid
    • No. 78-6, December 2014
    • Journal of Criminal Law, The
    The swingeing cuts to criminal legal aid may do irreparable damage to the defence side of the equality of arms. Coupled with this, the case of R v Jones gives the judge discretion to try in the def...
    ... ... aid may do irreparable damage to the defence side of theequality of arms. Coupled with this, the case of RvJones gives the judge discretion to try ... may be innocent, and the importance of his need for procedural equality with theprosecution39is a necessity that should be crystallised into law ... ...
  • The European Investigation Order
    • No. 1-4, December 2010
    • New Journal of European Criminal Law
    This article presents a critical evaluation of the latest EU proposal in the area of judicial cooperation in criminal proceedings. Whilst a framework decision on requests for evidence was adopted i...
    ... ... the protection for suspects, and therefore the cornerstone of equality of arms, i s lost. 1. HISTORICAL DEVELOPMENT Requesting assistance from ... ...
  • Truth-finding, procedural traditions and cultural trust in the Netherlands and England and Wales
    • No. 20-4, October 2016
    • International Journal of Evidence & Proof, The
    Criminal justice systems in different jurisdictions are based on different accounts as to how facts and truth are to be found. Because these accounts are often linked to procedural traditions they ...
    ... ...  defence narrative building and thus something like the equality of arms upon which accurate adversarial fact- ... ...
  • Development of European standards for evaluative reporting in forensic science
    • No. 21-1-2, January 2017
    • International Journal of Evidence & Proof, The
    Criminal justice authorities of EU countries currently engage in dialogue and action to build a common area of justice and to help increase the mutual trust in judicial systems across Europe. This ...
    ... ... citizens in criminal proceedings by promoting principles such as equality of arms. Improving the smooth func- tioning of judicial processes is also ... ...
  • See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT