Right to Counsel in UK Law

Leading Cases
  • R v Bryant
    • Court of Appeal (Criminal Division)
    • 02 Dic 1977

    We have no doubt that the omission to direct the jury in this way in the present case could not possibly have had the effect of rendering the jury's verdict unsafe or unsatisfactory. So we find that this ground does not avail the Applicant Bryant. Accordingly, the applications of both he and Oxley are refused.

  • McGowan (Procurator Fiscal)
    • Supreme Court (Scotland)
    • 23 Nov 2011

    People who are of low intelligence or are vulnerable for other reasons or who are under the influence of drugs or alcohol may need to be given more than standard formulae if their right to a fair trial is not to be compromised.

  • National Carriers Ltd v Panalpina (Northern) Ltd
    • House of Lords
    • 11 Dic 1980

    I. Frustration of a contract takes place when there supervenes an event (without default of either party and for which the contract makes no sufficient provision) which so significantly changes the nature (not merely the expense or onerousness) of the outstanding contractual rights and /or obligations from what the parties could reasonably have contemplated at the time of its execution that it would be unjust to hold them to the literal sense of its stipulations in the new circumstances; in such case the law declares both parties to be discharged from further performance.

  • Canada Trust Company v Stolzenberg (No 2)
    • House of Lords
    • 12 Oct 2000

    The question is whether in the context of Article 6 the more stringent test of a balance of probabilities should apply. The adoption of such a test would sometimes require the trial of an issue or at least cross examination of deponents to affidavits. While it is true that the jurisdictional issues under the Conventions are very important, they ought generally to be decided with due despatch without hearing oral evidence.

  • R (Abassi and another) v Secretary of State for Foreign and Commonwealth Affairs and another
    • Court of Appeal (Civil Division)
    • 06 Nov 2002

    Although the statutory context in which Adan was decided was highly material, the passage from Lord Cross' speech in Cattermole supports the view that, albeit that caution must be exercised by this court when faced with an allegation that a foreign state is in breach of its international obligations, this court does not need the statutory context in order to be free to express a view in relation to what it conceives to be a clear breach of international law, particularly in the context of human rights.

  • JX MX (by her mother and litigation friend AX MX) (Claimant/Appellant) v Dartford & Gravesham NHS Trust Personal Injury Bar Association and Another (Interveners)
    • Court of Appeal (Civil Division)
    • 17 Feb 2015

    The identities of the parties are an integral part of civil proceedings and the principle of open justice requires that they be available to anyone who may wish to attend the proceedings or who wishes to provide or receive a report of them. Whenever the court is asked to make an order of that kind, therefore, it is necessary to consider carefully whether a derogation of any kind is strictly necessary, and if so what is the minimum required for that purpose.

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Legislation
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . (2) In section 108 (Lord Advocate's right of appeal in solemn proceedings)-. . . (a) in subsection (1), after ... . (a) aiding, abetting, counselling, procuring, encouraging or assisting another person to commit, or attempt ......
  • Wales Act 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... from those restrictions;(e) it is incompatible with the Convention rights or with EU law.(3) But subsection (2)(b) does not apply to a provision ... (1) The Counsel General or the Attorney General may refer the question whether any ......
  • Courts Reform (Scotland) Act 2014
    • Scotland
    • 1 de Enero de 2014
    ...... . . (f) questions of heritable right or title, including declarator of irritancy and removing,. . . (g) ... Legal Aid (Scotland) Act 1986 (fees and outlays of solicitors and counsel). . (3) An act of sederunt under subsection (1) and an order under ......
  • Legal Aid Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ......if and so far as may be necessary, by counsel— .   . ( a . ) on the application of English law to any particular. ...the relationship between or the rights of counsel,. solicitor and client or any privilege arising out of. such ......
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Books & Journal Articles
  • The History of Right to Counsel
    • Núm. 40-4, Octubre 1976
    • Journal of Criminal Law, The
  • How are the member states progressing on transposition of Directive 2013/48/EU on the right of access to a lawyer?
    • Núm. 8-1, Marzo 2017
    • New Journal of European Criminal Law
    The deadline for transposition of the Directive 2013/48/EU was 27 November 2016. The author of this article sent out a questionnaire to the ministries of justice of the member states, with the aim ...
    ...... 2013/48/EU: A Starting Point for Discussion on a Common Understanding of the Criteria for Effective Remedies of Violation of the Right to Counsel’, European Journal of Crime, Criminal Law and Criminal Justice 25(19) (2017), p. 41 onwards; A. Soo, ‘Potential Remedies for Violation of the ......
  • Book Review: Situational prison control: Crime prevention in correctional institutions
    • Núm. 5-1, Enero 2003
    • Punishment & Society
    .......3 The only procedural issue mentioned in severalarticles is the right to counsel. Even a libertarian such as Loren Lomaski, in ......
  • Editorial
    • Núm. 21-2, Mayo 2017
    • Theoretical Criminology
    ...... principle of non-retroactivity of criminal law, and implement the right to counsel and to a fair trial for all. In these uncertain times, ......
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Law Firm Commentaries
  • The World Bank's Enforcement Arm And Its Impact On Multinational Companies
    • Mondaq UK
    ......The World Bank effectuates its sanctions regime by invoking audit rights reflected in its contracts, which then generally lead to investigations. ... consideration of rights against self-incrimination or the right to counsel. Furthermore, the World Bank's sovereign immunity could protect it from ......
  • Compliance Group newsletter – Up to Dentons September 2019
    • JD Supra United Kingdom
    Webinar: Getting it right: GDPR and LGBT monitoring programs in the EU - Dentons has collaborated with leading LGBT+ inclusion organization, Stonewall, and students at the New York Univ...
    .... Webinar: Getting it right: GDPR and LGBT monitoring programs in the EU. Dentons has collaborated ... a guide on GDPR for diversity and inclusion managers and legal counsel at global companies with European offices. Learn more by attending our ......
  • IP Protection Post-Brexit: A Right-by-Right Analysis
    • JD Supra United Kingdom
    The United Kingdom is set to leave the European Union on 29 March 2019 (“Exit Date”). With Brexit fast approaching, on 25 November 2018 the EU and the UK announced their consensus on a withdrawal ...
  • Complying With a Data Subject Access Request: What Data Controllers Need to Know
    • JD Supra United Kingdom
    A data subject (defined in the GDPR as an identified or identifiable natural person) has a right under the General Data Protection Regulation (GDPR) to make a data subject access request (DSAR) to ...
    ...... in the GDPR as an identified or identifiable natural person) has a right under the General Data Protection Regulation (GDPR) to make a data subject ......
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