Skip navigation

The incorporation of the European Convention on Human Rights: Maintaining the integrity of a modern criminal justice system within the context of improperly obtained evidence

The incorporation of the European Convention on Human Rights: Maintaining the integrity of a modern criminal justice system within the context of improperly obtained evidence

Phillips, Edward (2003) The incorporation of the European Convention on Human Rights: Maintaining the integrity of a modern criminal justice system within the context of improperly obtained evidence. Contemporary Politics, 9 (2). pp. 185-202. ISSN 1356-9775 (Print), 1469-3631 (Online) (doi:doi 10.1080/1356977032000106965)

Full text not available from this repository. (Request a copy)

Abstract

The European Convention on Human Rights 1950 represented a radical endeavour to create a set of pan-European civil liberties and, moreover, to set in place a machinery for the recognition and enforcement of human rights. However, the Convention was not, legally, part of UK domestic law. Instead, appeals had to negotiate the lengthy and expensive route to the Court sitting in Strasbourg. This was to change when the Labour Party returned to office resulting in the 1998 Human Rights Act under which the Convention became a part of UK law. In the area of criminal law it was regarded as an imperative that the integrity of the criminal justice system be protected and enhanced, through a recognition and consolidation of the rights to a fair trial. This article focuses on the prosecution's use of improperly obtained evidence, as one aspect of the right to a fair trial, and illustrates its problematic enforcement. It also raises questions as to the ultimate success of the 1998 Act given the common law reliance on judicial discretion and the lack of judicial creativity in applying Convention rights.

Item Type: Article
Uncontrolled Keywords: European convention on human rights; fair trial; judicial discretion; Police and Crimnal Evidence Act 1984; illegally obtained evidence; improperly obtained evidence
Subjects: J Political Science > JX International law
Pre-2014 Departments: School of Humanities & Social Sciences > Department of Law & Criminology
Last Modified: 14 Oct 2016 09:14
Selected for GREAT 2016: None
Selected for GREAT 2017: None
Selected for GREAT 2018: None
URI: http://gala.gre.ac.uk/id/eprint/5459

Actions (login required)

View Item View Item