The right to examine a witness contained in the ECHR, art 6(3)(d) is based on the principle that, before an accused can be convicted, all the evidence must normally be produced in his presence at a public hearing so that it can be challenged. A conviction based solely or decisively on the statement of an absent witness is generally considered to be incompatible with the requirements of fairness under the ECHR, art 6. However (and taking the same view of the Supreme Court in [case]), a conviction based solely or decisively on the statement of an absent witness does not automatically result in a breach of the ECHR, art 6 if accompanied by other very strong procedural safeguards.
Answer
Horncastle
Tags
#freedom-of-person #human-rights #public
Question
The right to examine a witness contained in the ECHR, art 6(3)(d) is based on the principle that, before an accused can be convicted, all the evidence must normally be produced in his presence at a public hearing so that it can be challenged. A conviction based solely or decisively on the statement of an absent witness is generally considered to be incompatible with the requirements of fairness under the ECHR, art 6. However (and taking the same view of the Supreme Court in [case]), a conviction based solely or decisively on the statement of an absent witness does not automatically result in a breach of the ECHR, art 6 if accompanied by other very strong procedural safeguards.
Answer
?
Tags
#freedom-of-person #human-rights #public
Question
The right to examine a witness contained in the ECHR, art 6(3)(d) is based on the principle that, before an accused can be convicted, all the evidence must normally be produced in his presence at a public hearing so that it can be challenged. A conviction based solely or decisively on the statement of an absent witness is generally considered to be incompatible with the requirements of fairness under the ECHR, art 6. However (and taking the same view of the Supreme Court in [case]), a conviction based solely or decisively on the statement of an absent witness does not automatically result in a breach of the ECHR, art 6 if accompanied by other very strong procedural safeguards.
Answer
Horncastle
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Parent (intermediate) annotation
Open it enged. A conviction based solely or decisively on the statement of an absent witness is generally considered to be incompatible with the requirements of fairness under the ECHR, art 6. However (and taking the same view of the Supreme Court in <span>Horncastle), a conviction based solely or decisively on the statement of an absent witness does not automatically result in a breach of the ECHR, art 6 if accompanied by other very strong procedur
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