Fair Trial in UK Law

Leading Cases
  • Allen v Sir Alfred McAlpine & Sons Ltd
    • Court of Appeal (Civil Division)
    • 11 Ene 1968

    But also, if after the plaintiff has been guilty of unreasonable delay the defendant so conducts himself as to induce the plaintiff to incur further costs in the reasonable belief that the defendant intends to exercise his right to proceed to trial notwithstanding the plaintiff's delay, he cannot obtain dismissal of the action unless the plaintiff has thereafter been guilty of further unreasonable delay.

  • Brown v Stott (Procurator Fiscal, Dunfermline)
    • Privy Council
    • 05 Dic 2000

    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.

  • R v Horseferry Road Magistrates Court ex parte Bennett (A.P.)
    • House of Lords
    • 24 Jun 1993

    If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law. If the court is to have the power to interfere with the prosecution in the present circumstances it must be because the judiciary accept a responsibility for the maintenance of the rule of law that embraces a willingness to oversee executive action and to refuse to countenance behaviour that threatens either basic human rights or the rule of law.

  • Arbuthnot Latham Bank Ltd v Trafalgar Holdings Ltd
    • Court of Appeal (Civil Division)
    • 16 Dic 1997

    The position is the same as it is under the first limb of Birkett v James. In exercising its discretion as to whether to strike out the second action, that court should start with the assumption that if a party has had one action struck out for abuse of process some special reason has to be identified to justify a second action being allowed to proceed.

  • R v Hayward, R v Jones (Anthony), R v Purvis
    • Court of Appeal (Criminal Division)
    • 31 Ene 2001

    This appellant, as it seems to us, had, clearly and expressly by his conduct, waived his right to be present and to be legally represented.

  • Kakis v Government of the Republic of Cyprus
    • House of Lords
    • 18 May 1978

    "Unjust" I regard as directed primarily to the risk of prejudice to the accused in the conduct of the trial itself, "oppressive" as directed to hardship to the accused resulting from changes in his circumstances that have occurred during the period to be taken into consideration; but there is room for overlapping, and between them they would cover all cases where to return him would not be fair.

  • The Queen v Barry Victor Randall
    • Privy Council
    • 16 Abr 2002

    There will come a point when the departure from good practice is so gross, or so persistent, or so prejudicial, or so irremediable that an appellate court will have no choice but to condemn a trial as unfair and quash a conviction as unsafe, however strong the grounds for believing the defendant to be guilty.

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Legislation
  • 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 ......
  • Counter-Terrorism Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ...... . . (b) after the person has been sent for trial for the offence,. . . if the offence is a terrorism offence or it ... is not met if there was a flagrant denial of the person's right to a fair trial. . (4) The second condition is that— . . (a) the sentence was ......
  • Criminal Procedure and Investigations Act 1996
    • UK Non-devolved
    • 1 de Enero de 1996
    ......summary offence in respect of which a court proceeds to summary trial. and in respect of which he pleads not guilty,. . . (b) a person who has ...prosecutor that the accused is denied a fair trial. S-11 . Faults in disclosure by accused. 11 Faults in disclosure ......
  • Geneva Conventions Act 1957
    • UK Non-devolved
    • 1 de Enero de 1957
    ......on the trial or punishment thereof, be deemed to have been. committed in that place. . .... Article 62 . Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be ......
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Books & Journal Articles
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Law Firm Commentaries
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