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The Right to Defend Oneself and to Have the Assistance of Counsel

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0010
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on Human Rights (ACHR) feature the right of an accused to ... More


The Right to Security and the ECHR

Peter Ramsay

in The Insecurity State: Vulnerable Autonomy and the Right to Security in the Criminal Law

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199581061
eISBN:
9780191741005
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199581061.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter demonstrates that the protection of the interest in subjective security by the substantive law of the Anti-Social Behaviour Order (ASBO) and by Section 5 of the Public Order Act 1986 is ... More


Abuse of Process and Judicial Stays of Criminal Proceedings

Andrew L-T Choo

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199280834
eISBN:
9780191712876
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199280834.001.0001
Subject:
Law, Criminal Law and Criminology

The criminal courts have a power to stop a prosecution from proceeding altogether where it would be inappropriate for it to continue. This power to stay proceedings which constitute an abuse of the ... More


The Relevance of the European Convention on Human Rights

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print:
1998
Published Online:
March 2012
ISBN:
9780198262695
eISBN:
9780191682391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262695.003.0019
Subject:
Law, Criminal Law and Criminology

At various points in this text, it would have been relevant to refer to the possible significance of the various Articles of the European Convention on Human Rights for the interpretation of the ... More


The General Right to a Fair Trial

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0004
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

In its standard formula for the definition of the right to a fair trial, the European Convention on Human Rights (ECHR) mentions two aspects: the principle of equality of arms and the right to ... More


The Rights Guaranteed to all Persons Deprived of their Liberty

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0018
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Despite the obvious similarities between the texts of the International Covenant on Civil and Political Rights (ICCPR), the European Convention on Human Rights (ECHR), and the American Convention on ... More


The Scope of Application of the Right to a Fair Trial in Criminal Matters

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0002
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter discusses the scope of application of a person's right to a fair trial in criminal matters. An examination of the cases in which a violation of Article 6 of the European Convention on ... More


Adequate Time and Facilities

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0009
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter presents a few general observations on the character of Article 6 section 3(b) of the European Convention on Human Rights (ECHR) and its relative nature. This is followed by an ... More


The Right to Test Witness Evidence

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0011
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

With respect to the right to test witness evidence, the European Convention on Human Rights (ECHR) guarantee has a role in ensuring that the adversarial character of the proceedings is upheld. The ... More


The Protection Against Double Jeopardy

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0016
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The guarantee of protection against double jeopardy in criminal proceedings is rather complex. This chapter compares the texts of the different normative instruments and discusses the development of ... More


The Right to an Independent and Impartial Tribunal

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0003
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

By far the most important guarantee enshrined in Article 6 of the European Convention on Human Rights (ECHR) is that to an independent and impartial tribunal established by law. There are two aspects ... More


The Right to be Informed of the Accusation

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0008
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

Article 6 section 3(a) of the European Convention on Human Rights (ECHR) guarantees every accused the right to be informed promptly, in a language which he understands and in detail, of the nature ... More


Beliefs about the European Court of Human Rights in the United Kingdom Parliament

Paul Johnson

in Law in Popular Belief: Myth and Reality

Published in print:
2017
Published Online:
September 2017
ISBN:
9780719097836
eISBN:
9781526123985
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9780719097836.003.0007
Subject:
Law, Criminal Law and Criminology

This chapter examines an aspect of myth building about law that is often overlooked, namely the role of Parliamentarians in shaping public beliefs about the European Court of Human Rights. Through an ... More


Witness Anonymity in the Criminal Process

Ian Dennis

in Essays in Criminal Law in Honour of Sir Gerald Gordon

Published in print:
2010
Published Online:
March 2012
ISBN:
9780748640706
eISBN:
9780748651450
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748640706.003.0025
Subject:
Law, Criminal Law and Criminology

This chapter deals with witness anonymity, focusing on witnesses who provide evidence adverse to a defendant in a criminal trial, but whose identity is sought to be withheld from the defendant. It ... More


The Right to a Public Hearing

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0005
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The right to a public hearing was one of the original trial rights considered in the quest to draft an international instrument for the protection of human rights. It must be acknowledged that the ... More


Going by the Codes

Benjamin J. Goold

in CCTV and Policing: Public Area Surveillance and Police Practices in Britain

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265145
eISBN:
9780191699023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265145.003.0004
Subject:
Law, Criminal Law and Criminology

This chapter examines the regulation of public area surveillance in Britain and the impact of this regulatory framework on the development and use of CCTV throughout the Southern Region. Although ... More


Privacy and the Family

Joseph Jaconelli

in Open Justice: A Critique of the Public Trial

Published in print:
2002
Published Online:
March 2012
ISBN:
9780198252580
eISBN:
9780191681387
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252580.003.0005
Subject:
Law, Criminal Law and Criminology

Article 6(1) of the European Convention on Human Rights, while proclaiming the right to a fair and public hearing, allows a number of exceptions. The press and public may be excluded from all or part ... More


The Right to the Free Assistance of an Interpreter

Stefan Trechsel

in Human Rights in Criminal Proceedings

Published in print:
2006
Published Online:
January 2010
ISBN:
9780199271207
eISBN:
9780191709623
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271207.003.0012
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

The right to the free assistance of an interpreter during criminal proceedings may be seen as part of the right to be heard which, in turn, is an essential element of the right to a fair trial. It is ... More


CCTV and Policing: Public Area Surveillance and Police Practices in Britain

Benjamin J. Goold

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265145
eISBN:
9780191699023
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265145.001.0001
Subject:
Law, Criminal Law and Criminology

This book is the first major published work to present a comprehensive assessment of the impact of CCTV on the police in Britain. Drawing extensively upon empirical research, the volume examines how ... More


Suicide and Homicide in Psychiatric Hospitals: Caring for Victims?

Jill Peay

in The Eternal Recurrence of Crime and Control: Essays in Honour of Paul Rock

Published in print:
2010
Published Online:
March 2012
ISBN:
9780199580231
eISBN:
9780191702280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580231.003.0010
Subject:
Law, Criminal Law and Criminology

This chapter explores some of the competing concepts of victims and some of the legal issues surrounding these competing concepts. It also explores whether it is right to think of the perpetrator as ... More


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