Reform from within: the Grendon example |
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Authors: | Dr Peter Bennett |
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Abstract: | In Salduz v Turkey (27 November 2008, No. 36391/02), the Grand Chamber of the European Court of Human Rights (ECtHR) stated: ...in order for the right to a fair trial to remain sufficiently ‘practical and effective’… Article 6 § 1 requires that, as a rule, access to a lawyer should be provided as from the first interrogation of a suspect by the police, unless it is demonstrated in the light of the particular circumstances of each case that there are compelling reasons to restrict this right…The rights of the defence will in principle be irretrievably prejudiced when incriminating statements made during police interrogation without access to a lawyer are used for a conviction. |
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