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The Presumption of Innocence and the Human Rights Act

33 Pages Posted: 17 Jun 2004  

Victor Tadros

University of Warwick - School of Law

Stephen Tierney

University of Edinburgh - School of Law

Abstract

There has recently been a proliferation of case law dealing with potential inroads into the presumption of innocence in the criminal law of England and Wales, in the light of article 6(2) of the European Convention on Human Rights. This article is concerned with the nature of the presumption of innocence. It considers two central issues. The first is how the courts should address the question of when the presumption of innocence is interfered with. The second is the extent to which interference with the presumption of innocence may be justified on the grounds of proportionality. It is argued that the courts have not developed the appropriate concepts and principles properly to address these questions.

Suggested Citation

Tadros, Victor and Tierney, Stephen, The Presumption of Innocence and the Human Rights Act. Modern Law Review, Vol. 67, No. 3, pp. 402-434, May 2004. Available at SSRN: https://ssrn.com/abstract=536349

Victor Tadros (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
(44) 024 76523075 (Phone)
(44) 024 76524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/tadros

Stephen Tierney

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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