ABSTRACT
This chapter considers the core Human Rights Act issues which are likely to arise in the context of criminal trials. The first section focuses on the principles that the Strasbourg Court has applied to issues of evidence in criminal proceedings, and outlines the arguments that advocates will need to be prepared to deal with. In the sections that follow, we consider the implications of the Human Rights Act for the trial process, including such issues as the independence and impartiality of the court, as well as the vexed issue of the effect of delay on the Art 6 guarantee of trial ‘within a reasonable time’. The chapter concludes by looking at some of the issues that advocates will need to address when dealing with sentencing and appeals.
