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A human rights perspective on the evidential test for bringing prosecutions

Rogers, J; (2017) A human rights perspective on the evidential test for bringing prosecutions. Criminal Law Review , 2017 (9) pp. 678-695. Green open access

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Abstract

Reflects on the ruling in Da Silva v United Kingdom (5878/08) (ECHR (Grand Chamber)) on whether the evidential test for bringing prosecutions was arbitrary and breached ECHR art.2. Reviews the relevant legal framework for the test, suggests why the justifications for its use, including safeguarding defendants' rights, are weak, and considers why the victim's right to review should be regularly revised and the test reworded.

Type: Article
Title: A human rights perspective on the evidential test for bringing prosecutions
Open access status: An open access version is available from UCL Discovery
Publisher version: http://legalresearch.westlaw.co.uk/resources/crimi...
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.
Keywords: Decisions to prosecute; Human rights; Positive obligations; Sufficiency of evidence
UCL classification: 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/1561585
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