1. Introduction, principles, and key concepts

Evidence Concentrate ◽

10.1093/he/9780198840633.003.0001 ◽

2019 ◽

pp. 1-9

Author(s):

Maureen Spencer ◽

John Spencer

Keyword(s):

Human Rights ◽

European Convention ◽

Key Concepts ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Law ◽

Law Of Evidence

This chapter introduces the principles and key concepts underlying the law of evidence, with an emphasis on criminal evidence. It reviews Article 6 of the European Convention on Human Rights (ECHR), now part of English law as a result of the Human Rights Act 1998. It concludes by highlighting the importance of analysis of the relevance of the facts in a trial.

2. Burden of proof

Evidence Concentrate ◽

10.1093/he/9780198840633.003.0002 ◽

2019 ◽

pp. 10-36

Author(s):

Maureen Spencer ◽

John Spencer

Keyword(s):

Human Rights ◽

Burden Of Proof ◽

Case Law ◽

Detailed Examination ◽

European Convention ◽

Presumption Of Innocence ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Law ◽

Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

“RAPE SHIELDS” AND THE RIGHT TO A FAIR TRIAL

The Cambridge Law Journal ◽

10.1017/s0008197301241191 ◽

2001 ◽

Vol 60 (3) ◽

pp. 441-492

Author(s):

J.R. Spencer

Keyword(s):

Human Rights ◽

Direct Effect ◽

Constitutional Law ◽

Fair Trial ◽

European Convention ◽

Youth Justice ◽

House Of Lords ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Right

INR. v. A (No. 2) [2001] 2 W.L.R. 1546 the House of Lords knocked a dent in the controversial “rape shield” provision, section 41 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA). They did so wielding Article 6 of the European Convention on Human Rights, given direct effect by another piece of “flagship” legislation, the Human Rights Act 1998. The decision is important for constitutional law as well as for criminal evidence.

5. The Human Rights Act 1998 (2): proceedings and remedies

10.1093/he/9780198871347.003.0005 ◽

2021 ◽

pp. 114-129

Author(s):

Howard Davis

Keyword(s):

Human Rights ◽

European Convention ◽

Legal Knowledge ◽

Key Points ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Self Test ◽

The Law ◽

The Uk ◽

The Right

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter continues the analysis of the Human Rights Act. It discusses how cases can be brought under the Human Rights Act 1998 (HRA) and what remedies are available from the courts if a violation of a Convention right is found. The aim here is to delve deeper into the issue of how the rights of the European Convention on Human Rights (ECHR) are given further effect in the law of the UK by the HRA. The main issues discussed in the chapter include the importance of remedies and Article 13 ECHR—the right to a remedy, procedural issues for seeking remedies under the HRA, and remedies available under the HRA.

2. Burden of proof and presumptions

Evidence Concentrate ◽

10.1093/he/9780198803867.003.0002 ◽

2017 ◽

Author(s):

Maureen Spencer ◽

John Spencer

Keyword(s):

Human Rights ◽

Burden Of Proof ◽

Case Law ◽

Detailed Examination ◽

European Convention ◽

Presumption Of Innocence ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Law ◽

Civil Cases

This chapter focuses on the burden of proof and presumption of innocence in criminal and civil cases under Article 6 of the European Convention on Human Rights (ECHR). It considers the influence of the UK’s Human Rights Act 1998 on the allocation of the burden of proof and compares legal/persuasive burden of proof with the evidential burden. It contains a detailed examination of the case law under this Act and the criteria developed to assess where reverse burdens should apply. It draws on academic commentary in making this analysis. It also looks at situations where the legal and the evidential burden may be split. It concludes with an overview of the law on presumptions.

Human Rights Act 1998 (European Convention on Human Rights)

10.1093/med/9780199659425.003.0028 ◽

2021 ◽

pp. 299-306

Author(s):

Anna Smajdor ◽

Jonathan Herring ◽

Robert Wheeler

Keyword(s):

Human Rights ◽

Family Life ◽

Freedom Of Expression ◽

Fair Trial ◽

European Convention ◽

Right To Life ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Forced Labour ◽

The Right

This chapter covers the Human Rights Act 1998 (European Convention on Human Rights) and includes topics on The Right to Protection from Torture, The Right to Life, Prohibition of slavery and forced labour, Right to liberty and security, Right to a Fair Trial, The Right Not to Suffer Punishment without Legal Authorisation, Right to respect for private and family life, The Right to Freedom of Thought, Conscience and Religion, The Right to Freedom of Expression, The Right to Freedom of Assembly and Association, The Right to Marry, and The Right to Protection from Discrimination.

5. Right to liberty and right to fair trial

Human Rights Law Concentrate ◽

10.1093/he/9780198794172.003.0005 ◽

2017 ◽

Author(s):

Bernadette Rainey

Keyword(s):

Human Rights ◽

Civil Rights ◽

Due Process ◽

Fair Trial ◽

European Convention ◽

European Court ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

The Right ◽

Article 5

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on the right to liberty and fair trial, which are not qualified rights but can be derogated from in times of war and emergency, and provides an overview of the European Convention on Human Rights’ (ECHR) Articles 5 and 6, the most commonly argued rights before the European Court of Human Rights (ECtHR). Article 5 on the right to liberty and security of person protects individuals from unlawful and arbitrary detention, whereas Article 6 protects the rights to fair trial in both criminal and civil cases (with added protection in criminal cases). The ECtHR has expanded protection of Article 6 through its interpretation of ‘fair’ hearing and ‘civil’ rights and obligations. The chapter examines due process rights as part of UK law, including the Human Rights Act 1998 (HRA).

Access to Court v State Immunity

International and Comparative Law Quarterly ◽

10.1093/iclq/52.2.297 ◽

2003 ◽

Vol 52 (2) ◽

pp. 297-332 ◽

Cited By ~ 6

Author(s):

Emmanuel Voyiakis

Keyword(s):

Human Rights ◽

Fair Trial ◽

European Convention ◽

State Immunity ◽

European Court ◽

The Law ◽

The Right

This comment discusses three recent judgments of the European Court of Human Rights in the cases of McElhinney v Ireland, Al-Adsani v UK, and Fogarty v UK. All three applications concerned the dismissal by the courts of the respondent States of claims against a third State on the ground of that State's immunity from suit. They thus raised important questions about the relation the European Convention on Human Rights (the Convention)—especially the right to a fair trial and access to court enshrined in Arcticle 6(1)—and the law of State immunity.

1. Introduction

10.1093/he/9780198864172.003.0001 ◽

2021 ◽

pp. 1-26

Author(s):

Andrew L-T Choo

Keyword(s):

Human Rights ◽

Direct Evidence ◽

Circumstantial Evidence ◽

Law Reform ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

Basic Concepts ◽

The Law ◽

Law Of Evidence

Chapter 1 examines a number of basic concepts and distinctions in the law of evidence. It covers facts in issue and collateral facts; relevance, admissibility, and weight; direct evidence and circumstantial evidence; testimonial evidence and real evidence; the allocation of responsibility; exclusionary rules and exclusionary discretions; free(r) proof; issues in criminal evidence; civil evidence and criminal evidence; the implications of trial by jury; summary trials; law reform; and the implications of the Human Rights Act 1998. This chapter also presents an overview of the subsequent chapters.

14. Privacy

Tort Law: Text and Materials ◽

10.1093/he/9780198745525.003.0014 ◽

2017 ◽

Cited By ~ 1

Author(s):

Mark Lunney ◽

Donal Nolan ◽

Ken Oliphant

Keyword(s):

Human Rights ◽

Personal Information ◽

European Convention ◽

Invasion Of Privacy ◽

Right Of Privacy ◽

Human Rights Act ◽

Human Rights Act 1998 ◽

English Law ◽

The Right Of Privacy ◽

The Right

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.