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Kirkwood v The United Kingdom: ECHR 12 Mar 1984

(Admissibility – Commission) The claimant, a United States national, said that the proceedings for his extradition from the United Kingdom to the United States infringed article 6(3)(d), because he was not permitted to cross-examine the witnesses against him in the United Kingdom. Held: Although ‘the tasks of the Magistrates’ Court included the assessment of whether … Continue reading Kirkwood v The United Kingdom: ECHR 12 Mar 1984

Ferrari-Bravo v Italy: ECHR 1984

Paragraph (3)(d) rights did not apply when a witness was being questioned by the investigating judge, but only at trial. Citations: (1984) 37 DR 15 Statutes: European Convention on Human Rights 6(3)(d) Jurisdiction: Human Rights Cited by: Cited – Horncastle and Others, Regina v SC 9-Dec-2009 Each defendant said they had not received a fair … Continue reading Ferrari-Bravo v Italy: ECHR 1984

Regina v D: CACD 2002

Article 6(3)(d) of the European Convention does impose an absolute prohibition on the admission of hearsay evidence against criminal defendants. Citations: [2003] QB 90, [2002] EWCA Crim 990 Statutes: European Convention on Human Rights 6(3)(d) Cited by: Cited – Grant v The Queen PC 16-Jan-2006 (Jamaica) The defendant appealed his conviction for murder saying that … Continue reading Regina v D: CACD 2002

D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

The defendant challenged the obligatory requirement that evidence given by a person under 17 in sex or violent offence cases must normally be given by video link. Held: The purpose of the section was to improve the quality of the evidence presented to a court. There was no absolute right for a defendant to be … Continue reading D (A Minor), Regina (on the Application of) v Camberwell Green Youth Court: HL 27 Jan 2005

Kostovski v The Netherlands: ECHR 20 Nov 1989

No Anonymity for Witnessses in Criminal Trial K was convicted of armed robbery on the basis of statements of anonymous witnesses. He was unable to question those witnesses at any stage. Being unaware of the identity of the witnesses deprived K of the very particulars which would have enabled him to demonstrate the witnesses unreliability. … Continue reading Kostovski v The Netherlands: ECHR 20 Nov 1989

Sellick and Sellick, Regina v: CACD 14 Mar 2005

The defendants appealed convictions for murder saying that the court had had read to it the statements of four witnesses who refused to attend for fear, having been intimidated. Other witnesses had been unco-operative and had been treated by the prosecution as hostile. Held: The appeal failed. The appellants’ rights under Article 6 were in … Continue reading Sellick and Sellick, Regina v: CACD 14 Mar 2005

Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

A Dutch court had convicted the applicants of attempted manslaughter and robbery on the basis of statements made, before their trial, by anonymous police officers, none of whom gave evidence before the Regional Court or the investigating judge. The Court of Appeal referred the case to the investigating judge who arranged hearings in which he, … Continue reading Van Mechelen And Others v The Netherlands: ECHR 23 Apr 1997

Saidi v France: ECHR 20 Sep 1993

S had been convicted on the basis of the evidence of drug addicts and in the situation where there was no opportunity to confront the witness. Held: ‘The court reiterates that the taking of evidence is governed primarily by the rules of domestic law, and that it is in principle for the national courts to … Continue reading Saidi v France: ECHR 20 Sep 1993

Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

The court has a discretion to refuse to accept written evidence from a witness abroad who had refused to come here for fear of reprisals, and particularly so where the prosecution had failed to take advantage of procedures which would have allowed the defence to cross examine the witness. Citations: Times 07-Oct-1998 Statutes: European Convention … Continue reading Regina v Radak; Regina v Adjei; Regina v Butler-Rees; Regina v Meghjee: CACD 7 Oct 1998

Grant v The Queen: PC 16 Jan 2006

(Jamaica) The defendant appealed his conviction for murder saying that the admission of an unsworn statement by one witness and the non-admission of another similar statement who did not either attend court was unconstitutional. He shot the victim 13 times with hollow point bullets. He claimed self defence, and drove straight to the police station … Continue reading Grant v The Queen: PC 16 Jan 2006

Horncastle and Others, Regina v: SC 9 Dec 2009

Each defendant said they had not received a fair trial in that the court had admitted written evidence of a witness he had not been allowed to challenge. The witnesses had been victims, two of whom had died before trial. It was suggested that the court must implement the ECHR decision in Al-Khawaja. Held: The … Continue reading Horncastle and Others, Regina v: SC 9 Dec 2009

Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012

Three of the appellants were Polish citizens resisting European Arrest Warrants. A fourth (H), a British citizen, faced extradition to the USA. An order for the extradition of eachhad been made, and acting under advice each filed a notice of appeal from prison. The legal services department of the Prison service relayed the notices to … Continue reading Lukaszewski v The District Court In Torun, Poland: SC 23 May 2012