Source: All England Reporter
Publisher Citation: [2002] All ER (D) 271 (Jul)
Neutral Citation: [2002] UKHL 31
Court: House of Lords

Lord Bingham of Cornhill, Lord Steyn, Lord Hutton, Lord Scott of Foscote and Lord Rodger of Earlsferry

Representation Lord Thomas QC and Gilbert Blades, solicitor advocate (instructed by, and of, Wilkin Chapman Epton Blades, Lincoln) for the defendants.
  Philip Havers QC and Dingle Clark (instructed by the Army Prosecuting Authority and the Royal Air Force Prosecuting Authority) for the prosecution.
  Philip Havers QC (instructed by the Treasury Solicitor) for the Secretary of State for Defence.
Judgment Dates: 18 July 2002


Court martial - Whether process of courts martial compatible with right to fair trial - Whether hearing before court martial hearing before independent and impartial tribunal - Permanent president of court martial - Whether position of permanent president of court martial prejudicing right to fair trial - European Convention on Human Rights, art 6.

The Case

Courts martial did not lack the independence and impartiality required by art6 of the European Convention on Human Rights.

Practice Areas

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