Death war-this The next two articles both concern the impact of the Human Rights Act 1998 on the criminal justice system. The first is by John Wadham and Janet Arkinstall, respectively director of and Research Assistant at Liberty, and the second is by Neil a'May, head of criminal law at Bindman and Partners.

doi:10.4324/9781843143451-89

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Death war-this The next two articles both concern the impact of the Human Rights Act 1998 on the criminal justice system. The first is by John Wadham and Janet Arkinstall, respectively director of and Research Assistant at Liberty, and the second is by Neil a'May, head of criminal law at Bindman and Partners.

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ABSTRACT

Sixth protocol, article 2-Death penalty in time of war-this allows for the use of the death penalty in times of war.

John Wadham and Janet Arkinstall, 'Crime and human rights' (1999) 149 NLJ 381

A defence of 'breach of Convention rights' The imposition of a criminal conviction may itself breach a Convention right and as such defendants will be able to argue that the Human Rights Act provides them with a defence to the charge. Challenges based on this concept have been argued in Strasbourg with respect to the right to freedom of expression (Art 10), the right to privacy (Art 8) and the right to free assembly and association (Art 11). In Steel v UKI it was held that arrest and detention for breaching the peace and refusing to be bound over, in the context of a peaceful political protest, could amount to a disproportionate interference with the Art 10 right to freedom of expression.