A suspect’s position will have been substantially affected as soon as the suspicion against him is being seriously investigated and the prosecution case compiled: ‘The manner in which article 6(1) and (3)(c) is to be applied during the preliminary investigation depends on the special features of the proceedings involved and on the circumstances of the case. The moment from which article 6 applies in ‘criminal’ matters also depends on the circumstances of the case, as the prominent place held in a democratic society by the right to a fair trial prompts the Court to prefer a ‘substantive’, rather than a ‘formal’, conception of the ‘charge’ contemplated by article 6(1).’
Peer Lorenzen, President
[2009] ECHR 302, 16404/03
Bailii
European Convention on Human Rights 6(1) 6(3)(c)
Human Rights
Citing:
See Also – Shabelnik v Ukraine ECHR 15-Jan-2008
. .
Cited by:
Cited – Ambrose v Harris, Procurator Fiscal, Oban, etc SC 6-Oct-2011
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what . .
Lists of cited by and citing cases may be incomplete.
Updated: 30 July 2021; Ref: scu.445391