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) in the case of proceedings (other than for contempt of court) in which all citizens are made potentially subject to imprisonment or fine, even if small; and
(b) in the case of regulatory or disciplinary proceedings only if, save perhaps in cases of exceptionally serious misconduct such as Smith, there is a prospective consequence either of imprisonment or of further imprisonment. LG, R (on the application of) v The Independent Appeal Panel for Tom Hood School & Anor [2010] EWCA Civ 142.
Categories: 5th edition, Chapter 12