The applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.
Tags
#freedom-of-person #human-rights #public
Question
Benham v UK [1996] 22 EHRR 293
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
Benham v UK [1996] 22 EHRR 293
Answer
The applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.
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Open it In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magi
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