Central Criminal Courts image
This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

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 hearing with a view to adversarial argument. As with the other elements of Article 6 (3), it is one of the minimum rights which must be accorded to anyone who is charged with a criminal offence. As minimum rights, the provisions of Article 6 (3) constitute express guarantees and cannot be read, as it was by the Court of Appeal in R. v. Sellick and Sellick [2005] EWCA Crim 651, as illustrations of matters to be taken into account when considering whether a fair trial has been held. Equally, even where those minimum rights have been respected, the general right to a fair trial guaranteed by Article 6 (1) requires that the Court ascertain whether the proceedings as a whole were fair.
Al-Khawaja and Tahery v The United Kingdom [2009] ECHR 110

 

5th Edition » | Chapter 12