Defendants appealed orders allowing children to give evidence by video link, and children appealed orders requiring them to attend court to give evidence.
Held: The right to a fair trial had to be interpreted broadly. Special measures taken to protect children did not infringe the Article 6 rights of defendants. The rules allowed safeguards to protect the fairness of the trial. The magistrates needed to approach the article differently.
Citations:
Times 13-Feb-2003, [2003] EWHC 227 (Admin)
Links:
Statutes:
European Convention on Human Rights 6, Youth Justice and Criminal Evidence Act 1999
Jurisdiction:
England and Wales
Cited by:
Appeal from – 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 . .
Lists of cited by and citing cases may be incomplete.
Evidence, Human Rights, Children, Criminal Practice, Magistrates, Evidence
Updated: 27 March 2022; Ref: scu.184963