Attorney General's Reference (No. 1 of 2004); R v Edwards; R v Denton; R v Jackson; R v Hendley; R v Crowley
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Criminal Division) |
| Judgment Date | 20 May 2004 |
| Neutral Citation | [2004] EWCA Crim 1332,[2004] EWCA Crim 1025 |
| Docket Number | No. 2001/00948/B5, 2002/04468/D5, 2002/04469/D5 |
| Date | 20 May 2004 |
IN THE COURT OF APPEAL CRIMINAL DIVISION
Royal Courts of Justice
The Strand
London
WC2A 2LL
The Lord Chief Justice Of England And Wales
(the Lord Woolf Of Barnes)
The Deputy Chief Justice Of England And Wales
(lord Justice Judge)
Mr Justice Gage
Mr Justice Elias And
Mr Justice Stanley Burnton
No. 2001/00948/B5, 2002/04468/D5, 2002/04469/D5
2002/06679/B5, 2003/04202/C4 & 2003/06081/C5
In The Matter Of:
APPEARANCES: 2001/00948/B5
MR DAVID PERRY and MISS ADINA EZEKIEL
appeared on behalf of THE ATTORNEY GENERAL
MR DAVID HOLBORN appeared on behalf of THE APPLICANT
2002/04468/D5
MISS EMMA GOODALL and MR C HARGAN 929.04.04)
appeared on behalf of THE APPLICANTS ERROL DENTON and RUTH JACKSON
MR NICHOLAS HAM appeared on behalf of THE CROWN
2002/06679/B5
MR NEIL HINTON and MR J REYNOLDS (29.04.04)
appeared on behalf of THE APPLICANT CAROLINE PATRICIA EDWARDS
MR DAVID PERRY and MISS ADINA EZEKIEL
appeared on behalf of THE CROWN
MR MICHAEL NEWPORT appeared on behalf of
THE APPLICANT HELEN CROWLEY
MISS AZZA BROWN appeared on behalf of THE CROWN
MR NIGEL SWEENEY QC and MISS K WILKINSON (29.04.04)
appeared on behalf of THE APPLICANT IAN HENDLEY
MR MICHAEL BURROWS and MR BERNARD LINNEMANN
appeared on behalf of THE CROWN
Thursday 20 May 2004
The following questions were certified as points of law of general public importance:
(1)What are the legal principles which courts should apply when considering whether a particular statutory provision, which places a legal burden of proof on an accused person, is compatible with Article 6(2) of the European Convention on Human Rights?
(2)Having regard to those principles, is Section 4(2) of the Homicide Act 1957 compatible with Article 6(2) of the European Convention on Human Rights?
(3)Having regard to those principles, is Section 51(7) of the Criminal Justice and Public Order Act 1994 compatible with Section 6(2) of the European Convention on Human Rights?
(4)Having regard to those principles, is Section 1(2) of the Protection from Eviction Act 1977 compatible with ...
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