• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

The criminal trial at common law takes seriously safeguards for the right of the accused Discuss with reference to the presumption of innocence and the privilege against self incrimination in common law.

Extracts from this document...

Introduction

Q) The criminal trial at common law takes seriously safeguards for the right of the accused Discuss with reference to the presumption of innocence and the privilege against self incrimination in common law. The true course of justices never run smoothly, when a crime is committed the perpetrator is to be arrested and locked up. After all that's how it suppose to be. But for the right of the accused to be safeguarded, we need to ask the question, was the presumption of innocence and the privilege against self incrimination of the accused adhered to or put into consideration, giving room for due process. Firstly, what is the presumption of innocence? This is a broad term and can be defined in different ways or manners. One simple definition is the innocence of the accused before proven guilty by a court of law. In further explanation, an accused is not guilty until he is tried a law court beyond reasonable doubt. According to Viscount Sankey in Woolmington v.DPP, he said "No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no ...read more.

Middle

Also any evidence, testimonial or statement obtained under compulsion could not be admissible in court. Every accused is entitled to a legal solicitor in any criminal interview if they feel the answer they might give might incriminate them. To buttress this, am going to look at some previous cases in which the accused feels incriminated in their responses during criminal interviews. The most compelling case was the case of Sunders v. United Kingdom. In this case the accused Mr Sunders was convicted of conspiracy, false accounting and theft relation to share dealings, during the investigation, the police rely on section 434(5) of the company Act 1985, which made it an offence to refuse to answer questions posed by Inspectors appointed by the Department Of Trade and Industry (DTI) we were made to understand that the accused as supply answers to the investigators which might incriminate him in court. The DTI inspectors relied on the accused testimonial in court; therefore Mr Sunders was convicted of the charges. In 1996, Mr Sunders appealed to the European Court of Human Right that his right under Article 6 of the ECHR has been violated. The ECtHR found that there was a breach of Article 6. ...read more.

Conclusion

and Public Order Act 1994 the trial judge gave the jury the option of drawing an adverse inference from the applicants' silence during interview. The applicants were found guilty. Although the Court of Appeal found the trial judge's direction to the jury on the question of the applicants' silence deficient, it was satisfied that the convictions were safe. The applicants contended that the decision of the trial judge to leave the jury with the option of drawing an adverse inference from their silence during police interview resulted in the denial of their right to a fair trial in breach of article 6(1) of the ECHR5. In conclusion, Condrons suggest that the checks and balances in the common law only operate in an acceptable way from a human right perspective if the judge's direction to the jury is precise. The other safeguards in criminal procedure will not offset a mistaken direction6 1 Politics of the common law(2009) PG 364 2 Robert and Zuckerman (1994:392). 3 John Murray v. the United Kingdom 1996. politics of the common law, para 3, page 371 4 Supra n.97, para 41 politics of the common law page 371 5 Sim.law.uu.nl/sim/caselaw 6 Politics of the common law. pg373 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our University Degree Criminal law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related University Degree Criminal law essays

  1. Consent in the law.

    R v Coney (1882). The consent in boxing is only to intentional harm within the rules; a boxer does not consent to being intentionally harmed by, for example, a blow delivered between rounds. In games such as football and rugby the common sense approach is to say that the players consent to such contact

  2. The aim of this project is to explore and analyse the role of the ...

    Compensation under the Constitution of India Article 21 of the Constitution of India guarantees the fundamental right to life and liberty to any person in India and by interpretation of this right the Supreme Court of India has developed a compensatory jurisprudence keeping in view the world trends of criminological

  1. Right to Silence. The privilege against right to silence and self-incrimination go hand in ...

    However fact is that a person may be compelled to answer does not necessarily mean that any information which they give can be used in evidence against them at trial, and the questions must be asked as to whether the privilege against self-incrimination will prevent such use.

  2. The law does not prohibit a suspect from confessing to a crime. It does ...

    They challenged the constitutionality of this requirement arguing that it is infringing their constitutional right to silence. The Supreme Court agreed that there definitely is a constitutional right to silence and that this right derives from the freedom of expression under article 40 of the Irish Constitution.

  1. Criminal Law

    Such an intervention could provide Alan with a defence. Pagett6 confirmed that such an act would have to be voluntary, i.e. free, deliberate and informed. Also, D's act does not need to be the sole or even main cause of death provided it contributed significantly to that result7. Alan may try to argue that pub owner Ed's act of

  2. Free essay

    Two of the keystones of our right to a fair trial, the right to ...

    The right to silence in custody also forms a guarantor of the presumption of innocence by forcing the police to find solid evidence linking the accused to the crime. However, since the 1980s, the right of silence has been compromised in the British legal system.

  1. The need for reform of the old common law on shameless indecency became ...

    The high court adopted the decision in McLaughlan v Boyd[14] that concluded that any form of conduct could be shamelessly indecent, depending on the nature of the conduct, the circumstances in which it took place and the necessary criminal intent.[15] The latter case of Lockhart v Stephen[16] proved contradictory to

  2. The law on the powers of entry, search and seizure, developed through both common ...

    demonstrated in the journal 'Police Power of Entry into Private Premises' by Sally Ramage.25 This concept is also shown in the case of Lamb v DPP26 and further, McConnell v Chief Constable of Greater Manchester Police27 provides an entry may take place where the breach of peace affects only the

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work