Kelly, R;
(2017)
The right to a fair trial and the problem of pre-inchoate offences.
European Human Rights Law Review
(6)
pp. 596-602.
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Abstract
Pre-inchoate offences, often found in counterterrorism laws, present a problem. The heightened criminal fair trial safeguards in art.6(2)-(3) of the European Convention on Human Rights are meant to be a protection against unfair state punishment. Yet some pre-inchoate offences can conceivably be made out in similar circumstances to those in which preventive orders can be imposed. Preventive orders have tested the limits of art.6 through their use of hybrid civil-criminal procedure. By comparison, pre-inchoate offences affect what has to be evidenced not by changing the relevant procedure, but by changing the form of the offence. As such, art.6 does not limit these offences; somewhat ironically, this means we must defend against pre-inchoate offences “further up-field”.
| Type: | Article |
|---|---|
| Title: | The right to a fair trial and the problem of pre-inchoate offences |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.sweetandmaxwell.co.uk/Catalogue/Produc... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10087777 |
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