Wildy logo
(020) 7242 5778

Wildy’s Book News

Book News cover photo

Vol 23 No 2 Feb/March 2018

Book of the Month

Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...

Secondhand & Out of Print

Browse Secondhand Online


The Concept of Equality of Arms in Criminal Proceedings under Article 6 of the European Convention on Human Rights

ISBN13: 9781780681641
Published: April 2017
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £66.00

Low stock.

Inherent to and at the very core of the right to a fair criminal trial under Article 6 of the European Convention on Human Rights is the concept of equality of arms (procedural equality) between the parties, the construct given detailed and innovative treatment in this book. As a contextual prelude to a more specific analysis of this concept under Article 6, certain influential historical developments in trial safeguards which mark a centuries-long evolution in standards of, and the value attributed to, procedural fairness are identified to establish a background for Article 6 before its inception. Thereafter, the book offers a thorough theoretical insight on equality of arms, investigating its multi-faceted value, identifying its contemporary legal basis in Article 6 and wider international law, and defining its fundamental constituent elements to elucidate its nature, including its underpinning relationship with Article 6(3).

The author argues that the most important of these constituent elements--the requirement of 'disadvantage'--is not equated by the European Court of Human Rights with inequality in itself, which would be a dignitarian interpretation, but with inequality that gives rise to actual or, in some circumstances, inevitable prejudice. This proposition is the golden thread running through the analytical heart of the book's survey of case-law in which the Court's approach to procedural equality in practice is demonstrated and assessed within the context of the Article 6(3) rights to challenge and call witness evidence, to adequate time and facilities, and to legal assistance.

The book is for both scholars and practitioners. It will not only provide an enhanced general understanding of procedural fairness safeguards and standards, but will also provoke, more specifically, a new reflection on the concept of equality of arms.

Human Rights and Civil Liberties
Chapter 1. A Background for Article 6
Chapter 2. Equality of Arms
Chapter 3. Equality of Arms and the Right to Challenge and Call Witness Evidence
Chapter 4. Equality of Arms and the Right to Adequate Time and Facilities
Chapter 5. Equality of Arms and the Right to Legal Assistance
Concluding Overview
List of Cases
List of Legislative Instruments