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2016
Abstract This chapter presents the main protections for the right to a fair trial. In general terms, the right to a fair trial seeks to protect the interest in maintaining the rule of law and the proper administration of justice. This right has been termed a ‘right to court’ and encompasses the idea of ensuring ‘access to justice’.
James J Fawcett +2 more
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Abstract This chapter presents the main protections for the right to a fair trial. In general terms, the right to a fair trial seeks to protect the interest in maintaining the rule of law and the proper administration of justice. This right has been termed a ‘right to court’ and encompasses the idea of ensuring ‘access to justice’.
James J Fawcett +2 more
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2018
This Chapter presents a detailed analysis of those fair trial rights under international law that are most likely affected by the involvement of court interpreters: the right of equality before the court; the right to adversarial proceedings; the right to be informed of the charge; the right to adequate time and facilities to prepare a defense; the ...
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This Chapter presents a detailed analysis of those fair trial rights under international law that are most likely affected by the involvement of court interpreters: the right of equality before the court; the right to adversarial proceedings; the right to be informed of the charge; the right to adequate time and facilities to prepare a defense; the ...
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1997
The papers of this volume deliver a survey of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and ...
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The papers of this volume deliver a survey of the implications of the fair trial principle with regard to criminal proceedings, ranging from the rights of the accused during the pre-trial procedure through the principle of impartiality of judges to the application of the right to a fair trial in emergency situations, both under domestic and ...
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Forfeiture and the Right to a Fair Trial
Criminal Law and Philosophy, 2019In his Rights Forfeiture and Punishment, Christopher Heath Wellman argues that his preferred ‘strong’ version of rights forfeiture theory makes the moral rights of due process and a fair trial null and void for guilty offenders. They may still possess legal rights to due process, but these are not strong pre-institutional moral rights.
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Entrapment and the Right to a Fair Trial
Journal of African Law, 1999State v. Hassen and Another [1998] 1 LRC 49 (Supreme Court of Soutfi Transvaal Provincial Division)The appellants had been apprehended as a result of a police trap, and were charged and convicted of contravening section 20 of the Diamonds Act, 1986. They appealed on die grounds that entrapment and the use of evidence obtained as a result of a police ...
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Right to a fair trial (Case Comment)
European Human Rights Law Review, 2019Comments on Pasquini v San Marino (50956/16) (ECtHR) on whether the applicant's right to a fair trial under ECHR art.6(1) was breached in proceedings arising from a dispute over a debt allegedly owed by a company of which the applicant was a director. Considers issues including constitution of the tribunal, impartiality of a judge who sat in more than ...
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12. Article 6: right to a fair trial
2013Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding ...
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