Index for "5th edition, Chapter 12"
Evidence and human rights
In Peric v Croatia [2008] ECHR 239 the European Court of Human Rights said, "The Court reiterates that while Article 6 of the Convention guarantees the right to a fair hearing, it does not lay down a...Hearing evidence in open court
Article 6 (3)(d) is an aspect of the right to fair trial guaranteed by Article 6 (1), which, in principle, requires that all evidence must be produced in the presence of the accused in a public hearin...Legal professional privilege
The ECJ has held that, to be protected by legal professional privilege, written communications must be exchanged with ‘an independent lawyer, that is to say one who is not bound to his client by a r...Standard of Proof
The law has drawn a clear distinction between probability as it applies to past facts and probability as it applies to future predictions. Past facts must be proved to have happened on the balance of ...The determination of a 'criminal charge'
After reviewing the ECHR case law the Court of Appeal held that for the purposes of Article 6 of the Convention, a domestic classification of proceedings as non-criminal is overridden: --(a) i...