The Library
The presumption of innocence and the human rights act
Tools
Tools
Tools
Tadros, Victor and Tierney, Stephen (2004) The presumption of innocence and the human rights act. Modern Law Review, 67 (3). pp. 402-434. doi:10.1111/j.1468-2230.2004.00493.x
Research output not available from this repository, contact author.
Official URL: http://dx.doi.org/10.1111/j.1468-2230.2004.00493.x
Abstract
There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal law of England and Wales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues. The first is how the courts should address the question of when the presumption of innocence is interfered with. The second is the extent to which interference with the presumption of innocence may be justified on the grounds of proportionality. It is argued that the courts have not developed the appropriate concepts and principles properly to address these questions.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Journal or Publication Title: | Modern Law Review | ||||
| Publisher: | Wiley-Blackwell Publishing Ltd. | ||||
| ISSN: | 0026-7961 | ||||
| Official Date: | May 2004 | ||||
| Dates: |
|
||||
| Volume: | 67 | ||||
| Number: | 3 | ||||
| Page Range: | pp. 402-434 | ||||
| DOI: | 10.1111/j.1468-2230.2004.00493.x | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access |
Request changes or add full text files to a record
Repository staff actions (login required)
 |
View Item |
