Hudoc Judgment (Merits and just satisfaction) Preliminary objection rejected (validity of declaration); Violation of Art. 6-1; Costs and expenses award – domestic proceedings; Costs and expenses award – Convention proceedings; Lack of jurisdiction (cancellation and refund of fine); Lack of jurisdiction (legislative amendment)
The applicant had been convicted for having participated in an unauthorised demonstration. The procedure before the Police Board and the higher courts, which heard her appeal did not conform with the requirements of Article 6(1) because the Police Board’s single member was a lawyer from the police headquarters. That appointed member could not be dismissed during his term of office and his personal impartiality had not been called into question, but there were no safeguards given to ensure that the appointed member acted independently and impartially, other than his limited security of tenure and that he took a different oath from that taken by policemen. The requirement of independence did not appear in the text of the oath.
Held: ‘the ordinary citizen will tend to see [the member of the Police Board] as a member of the police force subordinate to his superiors and loyal to his colleagues. A stipulation of this kind may undermine the confidence which must be inspired by the courts in a democratic society’
10328/83, (1988) 10 EHRR 466, [1988] ECHR 4
Worldlii, Bailii
Human Rights
Cited by:
Cited – Lawal v Northern Spirit Limited HL 19-Jun-2003
Counsel appearing at the tribunal had previously sat as a judge with a tribunal member. The opposing party asserted bias in the tribunal.
Held: The test in Gough should be restated in part so that the court must first ascertain all the . .
Cited – PD, Regina (on the Application of) v West Midlands and North West Mental Health Review Tribunal Admn 22-Oct-2003
The claimant was detained as a mental patient. He complained that a consultant employed by the NHS Trust which detained him, also sat on the panel of the tribunal which heard the review of his detention.
Held: Such proceedings did engage the . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 August 2021; Ref: scu.165004
