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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.

 

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