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(p. 309) 13. Aspects of the Criminal Process 

(p. 309) 13. Aspects of the Criminal Process
(p. 309) 13. Aspects of the Criminal Process

Bernadette Rainey

, Elizabeth Wicks

, and Andclare Ovey

Page of

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date: 25 January 2021

This chapter, which examines the provisions of the European Convention on Human Rights on fair trial specific to criminal proceedings found in paragraphs (2) and (3) of Article 6, explains the scope of Article 6(2) and (3), and discusses the principle of legality and the judgments made by the Strasbourg Court in several related cases. It also considers the rule against retrospective legislation in Article 7 of the Convention and a number of additional rights connected with the criminal process introduced by Articles 2 to 4 of Protocol 7.

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