Sentences with phrase «fair trial protections»

Toronto criminal lawyer Aaron Harnett tells AdvocateDaily.com the recent withdrawal of sexual assault charges against his client by the Crown mid-jury trial and subsequent apology from the bench, demonstrates why defence counsel are resistant to water down fair trial protections in these serious matters.

Not exact matches

In those countries where it remains, international safeguards aim to ensure legality and fair trial, principles of equality and consistency, and minimum standards of protection for vulnerable groups, as well as entailing imposition only for the most serious crimes.

«The fact finder in this case would be a judge who would be able to see, either through a press release or a newspaper article, YouTube, social media, is going to be able to see a video... that could, in fact, affect our client's ability to a fair trial and open a whole slew of issues, if it's released, concerning her own constitutional protections,» O'Connor said.

Nevertheless, the Court fails to clearly explain why it lowers the constitutional protection of the right to a fair trial.

Our concern is that he receive a fair trial in accordance with all procedural protections and special considerations to be afforded a minor, as required by domestic and international law.

The protection against self - incrimination derives from the right to a fair trial and the presumption of innocence enshrined in Article 6 of the European Convention on Human Rights and Articles 47 and 48 of the Charter of Fundamental Rights of the EU.

This appeal considered whether a commissioning body can, by its decision not to fund a particular option for contact, remove the jurisdiction of the Court of Protection to make a best interests decision about contact, and whether the failure to conduct a best interests assessment and / or determine the facts breached the appellant's rights under the ECHR to a fair trial and a family life.

You are critical of the Parliament and Council for lacking «courage» and you suggest that the Directive should have been «more ambitious» and extended protection beyond the ECtHR, such as by extending the same fair trial guarantees to legal persons as are granted to natural persons.

The primary purpose of s. 11 (b) is the protection of the individual rights of accused persons: (1) the right to security of the person, (2) the right to liberty, and (3) the right to a fair trial.

Our concern as always is to ensure that innocent persons are not wrongfully convicted, and that accused persons are afforded all fair trial and due process protections.

Once the witness is allowed to testify, the ultimate protection of the accused's right to a fair trial lies in the rules governing admissibility of evidence and in the judge or jury's duty to carefully assess and weigh the evidence presented.

Given that these developments have the capacity to interfere with the protection of fundamental rights I would like to see a clearer framework developed that strikes the right balance between the need for appropriate powers to be provided to Governments and the protection of important rights, such as the right to an a fair trial and the right to silence.

In addition, it was held that it was not inconsistent with the general rule stated in Art 6 (1)(the right to fair trial) of the European Convention on Human Rights for a state to designate an entire class of case as an exception when considered necessary where required by the interests of juveniles or the protection of the private life of parties, although the need for such a measure must always be subjected to the court's control.

A legislated Bill of Rights could, for example, include protections such as guarantees against arbitrary detention; requirements for proportionality in sentencing offenders and the right to a fair trial; guarantees of equality before the law and non-discrimination; prohibitions of torture or cruel, inhuman or degrading treatment; and so forth.