8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence

2020 ◽  
pp. 132-160
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Common Law ◽  
Fair Trial ◽  
The Right ◽  
Disclosure Obligations

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence

2021 ◽  
pp. 132-162
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Common Law ◽  
Fair Trial ◽  
The Right ◽  
Disclosure Obligations

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence

2019 ◽  
pp. 128-156
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Common Law ◽  
Fair Trial ◽  
The Right ◽  
Disclosure Obligations

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

8. The Decision to Prosecute and the Prosecution’s Duties of Disclosure of Evidence

2018 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Common Law ◽  
Fair Trial ◽  
The Right ◽  
Disclosure Obligations

This chapter first explains the role of the Crown Prosecution Service (CPS) and the factors that are taken into account when deciding to charge a suspect or to divert him from prosecution. It then examines the important obligations which are placed upon the CPS both at common law and under statute to serve pre-trial disclosure of evidence upon the defendant and their importance to the right to a fair trial. Defence disclosure obligations are also considered.

scholarly journals The right to a fair trial: conceptual rethinking in an era of quarantine restrictions

2021 ◽  
Vol 10 (38) ◽  
pp. 168-177
Author(s):  
Boris Perezhniak ◽  
Dariia Balobanova ◽  
Liliia Timofieieva ◽  
Olena Tavlui ◽  
Yuliia Poliuk
Keyword(s):  
International Law ◽  
Social Relations ◽  
Common Law ◽  
Fair Trial ◽  
Legal Method ◽  
The Social ◽  
Cybernetic Method ◽  
The Subject ◽  
The Right

One of the most important places among the universally recognized rights is the right to a fair trial. The essence of this right is that any violated right can be restored through a particular procedure. In the absence of an effective method for the protection of rights and interests, the rights and freedoms recognized and enshrined in law are only declarative provisions. Given the significant role of the right to a fair trial and changes in its provision under quarantine restrictions, it is necessary to analyze the content of this right, highlight principal requirements and problematic aspects of implementation given the current conditions of social relations. The purpose of the work is to analyze the content of the right to a fair trial. The subject of the study is the social relations that arise, change, and terminate during the exercise of the right to a fair trial. The research methodology includes such methods as a statistical-mathematical method, method of social-legal experiment, cybernetic method, comparative-legal method, formal-legal method, logical-legal method, and method of alternatives. The study will analyze the content of the right to a fair trial as international law and national law, its impact and interaction with the national legal system of Ukraine, which includes theoretical, applied, and common law aspects and conceptual rethinking in an era of quarantine restrictions.

Defense Rights, Duties, Norms, and Practices in Common Law and Civil Law Jurisdictions

2019 ◽  
pp. 188-208
Author(s):  
Ed Cape
Keyword(s):  
Criminal Justice ◽  
Common Law ◽  
Civil Law ◽  
Fair Trial ◽  
International Norms ◽  
National Identities ◽  
Normative Standards ◽  
The Right ◽  
Procedural Rights

This chapter compares defense rights, duties, norms, and practices in common law and civil law jurisdictions. It first provides an overview of international norms regarding defense rights, focusing on the elements of the right to fair trial that are substantially reflected in international normative instruments. It then examines the “role” of the suspects and the accused in common law and civil law systems, along with the range of defense rights, at both the investigative and trial stages, and how they may be articulated, using the European Union’s procedural rights program as an exemplar. It also highlights the challenges to implementation across both adversarial and inquisitorial jurisdictions. Finally, it asks whether normative standards may be meaningfully applied across jurisdictions in the context of different procedural traditions, and the significance of criminal justice processes in the development and confirmation of national identities.

scholarly journals THE RIGHT TO A FAIR TRIAL: THE ROLE OF THE TRANSLATORINTERPRETER IN THE CRIMINAL TRIAL

2013 ◽  
Vol 7 (4) ◽  
Author(s):  
Diana-Domnica Dănişor
Keyword(s):  
Fair Trial ◽  
Criminal Trial ◽  
The Right

The judicial dialogue, as an expression of judicial controversy, is organized in thenational language. In order to observe the principle of audi alteram partem, when a litigantspeaking another language is present, it is required that the dialogue should be reconstitutedwith the assistance of a translator-interpreter. The latter informs the litigant who speaksanother language of “all acts that may affect him to a certain extent”, in order to make thecounsel understand the proceedings and to protect the rights of the person he defends. Thetranslator-interpreter is thus the protector of the rights of the person for whom he translates,allowing the accused to participate in the debate. The presence of this occasionalcollaborator is a guarantee of good justice. Standing among the actors of a trial, theinterpreter is the faithful transmitter of each person’s words by the search of equivalencesbetween two utterances. The translation must render as accurately as possible the intentionsof the author of the translated utterance, thus becoming an “accurate re-creation”, a“creation of meaning”. Frequently based on “syntactical archaisms” and “stereotypedformulas”, these turns do not have an equivalent in other languages.

scholarly journals Roles of the Courts in New Zealand in Giving Effect to International Human Rights - with Some History

1999 ◽  
Vol 29 (1) ◽  
pp. 27 ◽  
Author(s):  
Kenneth J Keith
Keyword(s):  
Human Rights ◽  
International Law ◽  
Armed Conflict ◽  
Common Law ◽  
General Effect ◽  
International Affairs ◽  
The Common ◽  
The Right ◽  
Domestic Law

The Right Honourable Sir Kenneth Keith was the fourth speaker at the NZ Institute of International Affairs Seminar. In this article he describes and reflects upon the role of courts and judges in relation to the advancement of human rights, an issue covered in K J Keith (ed) Essays on Human Rights (Sweet and Maxwell, Wellington, 1968). The article is divided into two parts. The first part discusses international lawmakers attempting to protect individual groups of people from 1648 to 1948, including religious minorities and foreign traders, slaves, aboriginal natives, victims of armed conflict, and workers. The second part discusses how from 1945 to 1948, there was a shift in international law to universal protection. The author notes that while treaties are not part of domestic law, they may have a constitutional role, be relevant in determining the common law, give content to the words of a statute, help interpret legislation which is in line with a treaty, help interpret legislation which is designed to give general effect to a treaty (but which is silent on the particular matter), and help interpret and affect the operation of legislation to which the international text has no apparent direct relation. 

The African Court on Human and Peoples’ Rights and Its Protection of the Right to a Fair Trial

2017 ◽  
Vol 16 (2) ◽  
pp. 187-223
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Fair Trial ◽  
Legal Assistance ◽  
Legal Aid ◽  
Reasonable Time ◽  
African Charter ◽  
The Right

Abstract Article 3(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights provides that: “[t]he jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.” Since its establishment, the African Court on Human and Peoples’ Rights has handed down judgments dealing, inter alia, with the right to a fair trial under Article 7 of the African Charter on Human and Peoples’ Rights. This article discusses these judgments to highlight how the Court has interpreted or applied Article 7 of the African Charter. The author will analyse the jurisprudence of the Court on the right to a fair trial and in particular discuss the following themes that have emerged from this jurisprudence: the Court’s interpretation of the components of the right to a fair trial; the right to be heard and the right to defend oneself; the right to legal assistance, including legal aid; manifest errors in the trial; the right to be tried within a reasonable time; and the role of a prosecutor in contributing to the fairness of the trial. The author also discusses how the African Court has invoked other treaties to interpret the relevant provisions of the African Charter and how the African Court has interpreted other treaties apart from the African Charter.

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