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Courts

The courts lie at the heart of the Human Rights Act and have a duty to uphold its workings. Magistrates and judges will be obliged to ensure that the right to a fair trial, article six, is properly observed. Prosecution teams may face challenges on the withholding of evidence.

Due to an earlier European ruling, the courts are now responsible for determining how long discretionary life sentence prisoners (those jailed for offences other than murder) should serve. The Home Secretary retains the final say on the release of those convicted of murder.

There is currently a degree of confusion, if not chaos, surrounding motoring offences. Courts in Birmingham and Scotland have both held that it would be a breach of Article Six to expect somebody to incriminate themselves by admitting that they were behind the wheel of a car when it was filmed committing an offence. The Crown Prosecution Service says it’s “seeking counsel’s advice” on whether an appeal is possible..
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