Two of the judges who had acted in Mr Pfeifer’s case also presided at his trial, despite a clear provision of the Code of Criminal Procedure disqualifying them. The Commission dealt with whether the court was ‘established by law’ separately from whether it was ‘impartial’ and held that it was not. The Court held that the two complaints coincided: the court was not established by law because of the disqualification which national law had imposed so as to remove all reasonable doubt as to the impartiality of trial courts. Hence there was a breach of Article 6(1) (and there had not been an effective waiver of the applicant’s rights). In order to be effective, a waiver must be made without undue compulsion, and the consent must be an informed one. Regard must be had to the character or nature of the right when a decision is made as to whether the person was given sufficient information about that right for him to make an informed decision as to whether or not he should waive it.
Citations:
(1992) 14 EHRR 692, 10802/84, [1992] ECHR 2
Links:
Cited by:
Cited – Fawdry and Co (A Firm) v Murfitt CA 14-May-2002
The judge at first instance who was ticketed to sit as a judge in the Technology and Construction Court, had been asked to sit as a judge of the High Court to take this case. The appellant said she was acting outside her powers.
Held: The . .
Cited – Di Placito v Slater and others CA 19-Dec-2003
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action.
Held: When considering whether to discharge such an . .
Cited – Stretford v The Football Association Ltd and Another CA 21-Mar-2007
The claimant was a football player’s agent. The licensing scheme required disputes, including disciplinary procedures, to be referred to arbitration. He denied that the rule had been incorporated in the contract. He also complained that the . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Administrative, Criminal Practice
Updated: 04 June 2022; Ref: scu.165154