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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Guarantees for Accused Persons Under Article 6 of the European Convention on Human Rights

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ISBN13: 9780792318972
ISBN: 0792318978
Published: December 1992
Publisher: Brill Academic Publishers
Format: Hardback
Price: £234.00

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In recent times Article 6 of the European Convention on Human rights, which protects the right to a fair trial has been increasingly raised by applicants who allege its breach in proceedings involving criminal or quasi-criminal charges. The extensive case law emanating from Strasburg that has thus been spawned has resulted in the formulation of detailed rules dictating the content of the guarantees afforded by Article 6. Indeed, a pan-European procedural standard for accused perssons is beginning to emerge.;This book offers an analysis of the case law, and goes on to compare the European Convention cases with decisions which have arisen from the interpretation of other international instruments. The author's meticulous research reveals that Article 6 has been interpreted in such as way that the standards required for proceedings designated under national law as criminal, are different than the standards applied to disciplinary and other administrative proceedings.;The book goes on to attempt to identify the judicial policy pursued by the European Court and Commission when construing Article 6, while proposing a fresh approach to the problems raised by the applications of the detailed guarantees of the provisions in proceedings of a widely varied nature.

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Part 1 The scope of application of Article 6.
Part 2 The standard of fairness in the ""traditional field of application"" of Article 6: general principles; the rights of the accused at the pre-indictment stage; the right to proceedings of reasonable length; the right of the accused to a judicial determination of the charges against him; the character of the adjudicating organ; the trial hearing - the right of the accused to be informed of the charges against hum, the right to adequate time and facilities for the preparation of one's defence, the right to an adversarial, oral and public hearing, the right of the accused to be tried in his presence, the right to legal assistance, evidence, the right to free assistance of an interpreter, the right to adequately reasoned and publicly pronounced judgment, the presumption of innocence and several issues connected with the conclusion of the proceedings, proceedings in absentia; the right of appeal; the standard of fairness for the appellate process and for certain post-convictional remedies; non bis in idem and the effects of criminal judgments in related civil proceedings; compensation for miscarriages of justice.
Part 3 The standard of fairness for quasi-criminal proceedings.
Part 4 Conclusions: a more rationalized approach to the problems raised by the detailed character of Article 6; a fair balancing of the rights of the individual and the interests of the state in the context of Article6?. Appendices: text of provisions discussed; list of cases cited.