The case was handled by Martyn Fisher who instructed Rebecca Trowler QC at Doughty Street Chambers, Your email address will not be published. In one case a defendant was convicted of indecent assault on the basis of the statement of a woman who had subsequently committed suicide, in the other a defendant was convicted of wounding with intent (contrary to section 18 of the Offences against the Person Act 1861) on the basis of a statement made by the victim, who had been unwilling to testify in court. Their convictions were based "to a decisive extent" on a statement made by the victim of the alleged offence, who had later died (the cause of his death was "not attributable to the injuries" he suffered). … Where the hearsay evidence is demonstrably reliable, or its reliability can properly be tested and assessed, the rights of the defence are respected … and the trial is fair” ([2009] EWCA Crim 964, [79]). This is a new proposition which is eminently questionable and objectionable… there is no reason to treat deprivations of liberty resulting from public-order considerations any differently from other kinds of deprivation of liberty for which this provision is invoked. [26], Lord Phillips then set out his reasons for dismissing the appeal. *You can also browse our support articles here >. Lord Phillips noted (, Three brief comments may be made about the decision of the Supreme Court in, Lord Phillips, having “taken careful account of the Strasbourg jurisprudence”, expressed the “hope that in due course the Strasbourg Court may also take account of the reasons that have led me not to apply the sole or decisive test in this case” (at [108]). Following the arrests of the applicants who were suspected of being involved in further atrocities, access to their lawyers was denied and a “safety interview” took place. R v Isichei [2006] EWCA Crim 1815. The full paper is available here, Sign up to free human rights updates by email, Facebook, Twitter or RSS, [2] The Future of the European Court of Human Rights’, German Law Journal,1862-77. R v Horncastle [2009] SC declined to follow ECtHR in Al-Khawaja v UK. Or are you saying that judicial decisions are final and sacrosanct and should not reflect any change? To export a reference to this article please select a referencing stye below: Our academic writing and marking services can help you! Brexit and the Flaws of the Delegated Legislation System, Mental health, clinical negligence and the illegality defence, Prosecution of trafficking victim not an abuse of process. This case concerns hearsay evidence used in a criminal trial.

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