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The presumption of innocence and the human rights act

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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

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Official URL: http://dx.doi.org/10.1111/j.1468-2230.2004.00493.x

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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:
DateEvent
May 2004Published
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

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