header-logo header-logo

Human rights

29 September 2011
Issue: 7483 / Categories: Case law , Law digest , In Court
printer mail-detail

Ashendon and another v United Kingdom (App Nos 35730/07 & 4285/08), [2011] All ER (D) 81 (Sep)

The presumption of innocence enshrined in Art 6(2) of the European Convention on Human Rights (the Convention) was one of the elements of a fair criminal trial required by Art 6(1). It would be violated if a statement of a public official concerning a person charged with a criminal offence reflected an opinion that he was guilty unless he had been proved so according to law. It sufficed, even in the absence of any formal finding, that there had been some reasoning to suggest that the official regards that person as guilty.

However, neither Art 6(2) nor any other provision of the Convention gave a person “charged with a criminal offence” a right to compensation for lawful detention on remand where proceedings taken against him had been discontinued. Further, the Convention would not guarantee a defendant who had been acquitted the right to reimbursement of his costs.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll