The applicant had been absent and unrepresented throughout his trial. He complained of his conviction.
Held: Before a defendant could properly be said to have impliedly through his conduct waived his right it must be shown that he could reasonably have foreseen what the consequences of his conduct would be. This could not be done at the time of his trial as it was not clear under English law that it was possible to try an accused in his absence throughout, so it could not be said that he had unequivocally and intentionally waived his rights. His application was held to be inadmissible on other grounds.
Citations:
30900/02, [2003] ECHR 713, (2003) 37 EHRR CD269
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – McGowan (Procurator Fiscal) v B SC 23-Nov-2011
The appellant complained that after arrest, though he had been advised of his right to legal advice, and had declined the offer, it was still wrong to have his subsequent interview relied upon at his trial.
Held: It was not incompatible with . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 02 June 2022; Ref: scu.432917