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Right to Fair Trial

Denial of right to legal representation does not violate Article 5

Hammerton v. the United Kingdom, Application no. 6287/10

The European Court of Human Rights (ECtHR), by a majority of 4 to 3, has held that detaining an individual following his breach of a contact order, where he had no legal representation did not violate his right to liberty and security of person.

Tags
Criminal Law, ECHR Art. 13, ECHR Art. 5, ECHR Art. 6, Family Law, Right to Fair Trial, Right to Liberty

Use of unchallengable witness evidence not a violation of Article 6

Case of Seton v The United Kingdom (Application no. 55287/10)

The European Court of Human Rights held that the use of telephone recordings as evidence in a criminal trial did not violate the applicant’s rights under Article 6 of the Convention, despite the fact that he had no opportunity to challenge the evidence.

Tags
Criminal Law, ECHR Art. 6, Right to Fair Trial

Court quashes PSNI’s decision to give Informed Warning to youth

Tags
Criminal Law, Right to Fair Trial

Anonymity granted to police officer despite not meeting Art. 6 criteria

A Police Officer’s Application (Leave Stage) [2012] NIQB 3

In this case a police officer requested to have his name and further details kept anonymous following unsuccessful judicial review proceedings. The officer had been the subject of misconduct proceedings within the PSNI and had been under consideration by the Public Prosecution Service for suspected drugs offences. He had sought to judicially review the continuance of the misconduct proceedings on the basis that they would prejudice the fairness of any potential prosecution. The application for judicial review was refused but the, now former, police officer applied to have his details in the judicial review kept anonymous because he believed his safety to be at risk from dissident republicans.

Tags
ECHR Art. 2, ECHR Art. 6, Right to Fair Trial, Cost Order

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