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Civil Liberties & Human Rights

Civil Liberties & Human Rights (11th edn)

Ruth Costigan and Richard Stone
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date: 30 September 2023

p. 1855. Right to a Fair Trial: Article 6locked

p. 1855. Right to a Fair Trial: Article 6locked

  • Ruth CostiganRuth CostiganAssociate Professor, Swansea University
  •  and Richard StoneRichard StoneEmeritus Professor, University of Lincoln

Abstract

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the right to a fair trial. It first examines the obligations imposed on States by Art. 6 of the European Convention on Human Rights (ECHR) in relation to this right. It then focuses on a particular threat to a fair trial, in the form of the reporting of imminent or current legal proceedings, which may raise a risk that the outcome of those proceedings will be adversely affected. This is dealt with in English law primarily by the offence of contempt of court. The final section deals with a particular type of contempt related to the extent to which a court can compel a journalist to disclose his or her source.

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