Saunders V. The United Kingdom
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Saunders V. The United Kingdom
''Saunders v. the United Kingdom'' was a legal case heard by the European Court of Human Rights regarding the right against self-incrimination and the presumption of innocence as included in the European Convention on Human Rights Convention for the Protection of Human Rights and Fundamental Freedoms#Article 6 – fair trial, Article 6 paragraphs 1 and 2. Facts In ''R. v. Saunders'' (1996), Ernest Saunders was convicted on twelve of fifteen counts of conspiracy, false accounting and theft relating to Guinness share-trading fraud, share dealing that occurred in 1986. During the investigation, the police relied on section 434(5) of the Companies Act 1985, which made it an offence to refuse to answer questions posed by Inspectors appointed by the Department of Trade and Industry (United Kingdom), Department of Trade and Industry, and provided that the answers to such questions would be admissible in court (unlike earlier acts (e.g. s.31 Theft Act 1968 or s.72 Supreme Court Act 1981) ...
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European Court Of Human Rights
The European Court of Human Rights (ECHR or ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France. An application can be lodged by an individual, a group of individuals, or one or more of the other contracting states. Aside from judgments, the court can also issue advisory opinions. The convention was adopted within the context of the Council of Europe, and all of its 46 member states are contracting parties to the convention. Russia, having been expelled from the Council of Europe as of 16 March 2022, ceased to be a party to the convention with effect from 1 ...
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Voir Dire
(; often ; from an Anglo-Norman phrase meaning "to speak the truth") is a legal phrase for a variety of procedures connected with jury trial A jury trial, or trial by jury, is a Trial, legal proceeding in which a jury makes a decision or Question of law, findings of fact. It is distinguished from a bench trial in which a judge or Judicial panel, panel of judges makes all decisions. ...s. It originally referred to an oath taken by jurors to tell the truth ( la, verum dicere). This term is also used informally to describe the practice of jury selection in certain jurisdictions. Etymology According to the ''American Heritage Dictionary'', it comes from the Anglo-Norman language. The word (or ), in this combination, comes from Old French and derives from Latin , "[that which is] true". It is related to the French language, modern French word , which in a deprecated use can mean "indeed", but not to the more common word , "to see", which derives from Latin . William Blackst ...
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Article 6 Of The European Convention On Human Rights
Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case (adequate time and facilities to prepare their defence, access to legal representation, right to examine witnesses against them or have them examined, right to the free assistance of an interpreter). Text Article 6 reads as follows. Nature The majority of Convention violations that the Court finds today are excessive delays, in violation of the "reasonable time" requirement, in civil and criminal proceedings before national courts, mostly in Italy and France. Under the "independent tribunal" requirement, the Court has ruled that military judges in Turkish state security co ...
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John Murray V
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ...
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Fayed V
Fayed ( ar, فايد), or Al-Fayed with the definite article al- ( ar, الفايد), is a surname. People with the name include: *Mohamed Al-Fayed (1929–2023), Egyptian business magnate ** Dodi Fayed (1955–1997), his son, died with Diana, Princess of Wales *Ayman al-Fayed (1965–2008), Palestinian militant * Guillermo Fayed (born 1985), French World Cup alpine ski racer and soldier *Omar Fayed, environmentalist and publisher *Rahman Fayed Rahman (Arabic: or ) may refer to: *Rahman, one of the names of God in Islam *Ar-Rahman, the 55th sura of the Qur'an People * Rahman (name), an Arabic male personal name **Short form of Abd al-Rahman * Rahman (actor) (born 1967), Indian actor *R ..., writer Places with this name include: * Fayed, a city in Egypt See also * {{DEFAULTSORT:Fayed Arabic-language surnames ...
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Road Traffic Act 1988
The Road Traffic Act 1988 (c. 52) is an Act of the Parliament of the United Kingdom, concerning licensing of vehicles, insurance and road regulation. Contents Part I contains a number of traffic offences including causing death by dangerous driving, driving under the influence of alcohol or drugs (including police powers to arrest, administer tests, etc.), as well as requirements to wear seat belts and motorcycle helmets. Part II is concerned with regulating the construction and use of motor vehicles, and includes powers to test, inspect and prohibit vehicles that do not meet standards. Part III sets out the law on driving tests, the requirements for issuing driving licences, and the process for disqualifying drivers. Part IV deals with the licences required for driving large goods vehicles and passenger-carrying vehicles (buses and coaches). Part V concerns the registration, licensing and examination of driving instructors. Part VI contains provisions concerning compulsor ...
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Funke V
Funke is a family name of German origin. ''Funke'' means "spark" and refers to the work of a smith. People with this surname include: * Alex Funke (b. 1944), American photographer * Annie Funke (b. 1985), American actress * Arno Funke (b. 1950), German author and former extortionist * Cornelia Funke (b. 1958), German author of children's books * Daniel Funke (b. 1981), German journalist * Ernst Funke (1835–1906), American politician and businessman * Fabian Funke (born 1997), German politician * Felix Funke (1865–1932), German admiral of the Kaiserliche Marine * Helene Funke (1869–1957), German painter * Jan-Lukas Funke (b. 1999), German footballer * Jaromír Funke (1896–1945), Czech photographer * Jeffrey J. Funke (b. 1969), American judge * Karl-Heinz Funke (b. 1942), German politician (SPD) * Lars Funke (b. 1972), German speed skater * Manfred Funke (b. 1955), German weightlifter * Michael Funke (b. 1969), German racing driver * Otto Funke (1928–1879), German physio ...
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Criminal Appeal Act 1968
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE has been modified by the Policing and Crime Act 2017, "which mean that there is now a presumption that suspects who are released without charge from police detention will not be released on bail," a formality which was written in PACE 1984 Section 30A. Synopsis Although PACE is a f ...
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Right Against Self-incrimination
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems. The right covers a number of issues centered on the right of the accused or the defendant to refuse to comment or provide an answer when questioned, either prior to or during legal proceedings in a court of law. This can be the right to avoid self-incrimination or the right to remain silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant to answer questions before or during a trial, hearing or any other legal proceeding. This right constitutes only a small part of the defendant's rights as a whole. The origin of the right to silence is attributed to Sir Edward Coke's challenge to the ecclesiastical courts and their ''ex ...
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Contempt Of Court
Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed contempt of Parliament or contempt of Congress. The verb for "to commit contempt" is contemn (as in "to contemn a court order") and a person guilty of this is a contemnor. There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce equitable remedies, such as injunctions. In some jurisdictions, the refusal to respond to subpoena, to testify, to fulfill the obligations of a juror, or to provide certain information can constitute contempt of the court. When a court decides that an action constitutes contempt of court, it can issue an order in ...
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