The International Covenant on Civil and Political Rights and United Kingdom Law

By David Harris; Sarah Joseph | Go to book overview

6
Rights in the Administration of Justice

STEPHEN BAILEY


INTRODUCTION

The 'right to a fair trial' potentially encompasses both the civil and criminal justice systems in the United Kingdom. However, it is the administration of criminal justice that calls for particular scrutiny, for two reasons. First, provisions of the Covenant deal much more explicitly with aspects of the criminal process. This is not surprising, given the fact that decisions and acts in this sphere have a much greater potential for infringing individual liberty; the availability and use of coercive powers are much more restricted in civil matters than criminal. Secondly, the administration of criminal justice in England and Wales is widely perceived to be in crisis, this perception stemming in particular from the spate of well-publicized miscarriages of justice acknowledged in recent years.1 The Royal Commission on Criminal Justice ('RCCJ'), chaired by Viscount Runciman, was appointed in June 1991 and reported in July 1993.2 Their view was that:

[T]he great majority of criminal trials are conducted in a manner which all the participants regard as fair, and we see no reason to believe that the great majority of verdicts, whether guilty or not guilty, are not correct. The percentage of appeals against convictions both from the magistrates' court and the Crown Court is very small. But the damage done by the minority of cases in which the system is seen to have failed is out of all proportion to their number.3

____________________
1
See the 'chronology of Causes Célèbres' in Walker, C., and Starmer, K. (eds.), Justice in Error ( London, 1993), 6-13, including references to recent cases involving the Guildford Four, the Maguire Seven, the Birmingham Six, Judith Ward, the Tottenham Three ( Silcott, Raghip and Braithwaite), Stefan Kiszko, the Darvell brothers, and the Cardiff Three, and cases arising out of the activities of the West Midlands Police Serious Crimes Squad. The Scottish legal system has generated much less controversy.
2
Cm 2263 ( London, 1993). In 1992, ministers in Scotland instituted a wide-ranging review of criminal evidence and procedure. Four consultation papers were issued by the Scottish Office: Criminal Legal Aid Review (Edinburgh, 1993), the Review of Criminal Evidence and Criminal Procedure (Edinburgh, 1993), Juries and Verdicts (Edinburgh, 1994), and Sentencing and Appeals (Edinburgh, 1994), leading to the White Paper, Firm and Fair; Improving the Delivery of Justice in Scotland (Cm 2600, 1994).
3
Cm 2263, 6-7.

-185-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The International Covenant on Civil and Political Rights and United Kingdom Law
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 704

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.