A breach of article 6.2 of the Convention in a trial need not automatically lead to the conclusion that the conviction was unsafe. The judge had failed to direct the jury to the effect that the offence of robbery required proof of the element of dishonesty. The court was entitled to conclude that that would not have made any difference to the verdict. There need be no difference on this question when the breach was of article 6.2 rather than 6.1.
Citations:
Times 30-Mar-2001, Gazette 11-May-2001
Statutes:
European Convention on Human Rights Art 6.1 6.2
Jurisdiction:
England and Wales
Criminal Practice, Human Rights
Updated: 28 April 2022; Ref: scu.88708