In [case], the Courts-Martial Appeal Court stated that a prosecutor had the ability to influence and even mislead a court. Therefore, his independence and impartiality were matters to be considered when assessing whether or not there had been proper compliance with the ECHR, art 6(1). In the instant case, the prosecutor at the defendant's court-martial was of junior rank and his performance as prosecuting authority could have impacted upon his promotion prospects. In the circumstances, the prosecuting authority did not comply with the necessary safeguards necessary for the ECHR, art 6(1).
Answer
R v Stow [2005] All ER (D) 132 (May)
Tags
#freedom-of-person #human-rights #public
Question
In [case], the Courts-Martial Appeal Court stated that a prosecutor had the ability to influence and even mislead a court. Therefore, his independence and impartiality were matters to be considered when assessing whether or not there had been proper compliance with the ECHR, art 6(1). In the instant case, the prosecutor at the defendant's court-martial was of junior rank and his performance as prosecuting authority could have impacted upon his promotion prospects. In the circumstances, the prosecuting authority did not comply with the necessary safeguards necessary for the ECHR, art 6(1).
Answer
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Tags
#freedom-of-person #human-rights #public
Question
In [case], the Courts-Martial Appeal Court stated that a prosecutor had the ability to influence and even mislead a court. Therefore, his independence and impartiality were matters to be considered when assessing whether or not there had been proper compliance with the ECHR, art 6(1). In the instant case, the prosecutor at the defendant's court-martial was of junior rank and his performance as prosecuting authority could have impacted upon his promotion prospects. In the circumstances, the prosecuting authority did not comply with the necessary safeguards necessary for the ECHR, art 6(1).
Answer
R v Stow [2005] All ER (D) 132 (May)
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Open it In R v Stow [2005] All ER (D) 132 (May), the Courts-Martial Appeal Court stated that a prosecutor had the ability to influence and even mislead a court. Therefore, his independence and impartiality were matters to be consider
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