Source: All England Reporter
Publisher Citation: [2002] All ER (D) 470 (Jul)
Neutral Citation: [2002] EWCA Crim 1943
Court: Court of Appeal, Criminal Division

KAy LJ, Holland and Andrew Smith JJ

Representation Lawrence McNulty (assigned by the Registrar of Criminal Appeals) for the defendant.
  Andrew Evans (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 30 July 2002


Human rights - Fair trial - Criminal charge - Admissions and confessions - Issue as to admissibility - Oppression - Judge ruling admission admissible and directing jury to convict if they considered admission true even if they found as a fact that it had been obtained through methods of coercion or oppression - Whether contrary to right to fair trial - European Convention on Human Rights, art 6.

The Case

A jury in a criminal trial was not a separate public authority with a distinct and separate duty from the judge to protect a defendant's rights under the European Convention on Human Rights. The court, acting collectively, bore the shared responsibility of ensuring a fair trial.

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