||All England Reporter
|| All ER (D) 470 (Jul)
|| EWCA Crim 1943
||Court of Appeal, Criminal Division
KAy LJ, Holland and Andrew Smith JJ
||Lawrence McNulty (assigned by the Registrar of Criminal Appeals) for the defendant.
||Andrew Evans (instructed by the Crown Prosecution Service) for the Crown.
||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.
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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