Chapter

The Relevance of the European Convention on Human Rights

Peter Mirfield

in Silence, Confessions and Improperly Obtained Evidence

Published in print February 1998 | ISBN: 9780198262695
Published online March 2012 | e-ISBN: 9780191682391 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262695.003.0019

Series: Oxford Monographs on Criminal Law and Justice

The Relevance of the European Convention on Human Rights

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At various points in this text, it would have been relevant to refer to the possible significance of the various Articles of the European Convention on Human Rights for the interpretation of the English law of confessions, silence, and unlawfully obtained evidence. The law of the Convention, as interpreted by its institutions, may, in various ways, have significance when interpreting domestic law. Furthermore, in two important Convention cases concerned with UK prosecutions, Murray v. United Kingdom and Saunders v. United Kingdom, both decided in the European Court of Human Rights, the view has been taken that the citizen's right to silence and privilege against self-incrimination ‘lie at the heart’ of the notion of a fair procedure under Article 6 of the Convention. This very positive view of the value and importance of the right and privilege contrasts starkly with the negative view implicit in recent Parliamentary incursions upon them. This chapter explores the significance of these developments for English law as it stands at present.

Keywords: European Convention on Human Rights; United Kingdom; English law; confessions; right to silence; unlawfully obtained evidence; domestic law

Chapter.  8837 words. 

Subjects: Criminal Law

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