WITNESSES AT TRIAL. Case: Doorson v Netherlands. ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow

Size: px
Start display at page:

Download "WITNESSES AT TRIAL. Case: Doorson v Netherlands. ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow"

Transcription

1 Case: Doorson v Netherlands WITNESSES AT TRIAL ECHR Article: Article 6 The Right to a Fair Trial Project group: University of Glasgow A LANDMARK DECISION A.0 RATIONALE: WHY THIS ARTICLE? WHY THIS JUDGMENT? Article 6 outlines the right to a fair trial. This is a significant case given that it demonstrates the importance of having a judicial system in place which ensures an individual's right to a fair trial. This case looks at one particular aspect of the right to a fair trial, Article 6(3)(d), which ensures that everyone has the right to examine or have examined witnesses used in the conviction of a crime. Doorson is an important judgement as it allowed the Court to provide guidance about how criminal justice systems can ensure compliance with this provision. A.1 BACKGROUND AND FACTS A.1.1 APPLICANTS The applicant was Mr Doorson who was arrested in 1988 on suspicion of drug trafficking, on the basis of statements provided to the police by eight drug addicts. A.1.2 CASE SUMMARY The applicant was identified as a drug dealer by a number of witnesses who were known to be drug-users. He was placed on trial. Six of the witnesses who identified the applicant remained anonymous as they feared a reprisal from Mr Doorson the identities of a further two were disclosed. Mr Doorson s lawyer asked the court to summon these anonymous witnesses but was refused. Of the two identified witnesses, only one appeared at trial and that witness withdrew his statement. The evidence of the second identified but absent witness was therefore read out in court. The applicant was convicted as charged. On appeal, the need for the witnesses to remain totally anonymous was brought into doubt, and they were subsequently questioned extensively by the judge and Mr

2 Doorson s lawyer (though not in the presence of Mr Doorson). The Court of Appeal and later the Supreme Court upheld his conviction based on three separate elements: (1) the oral evidence of the witness who was questioned at trial but withdrew his statement to the police; (2) two anonymous witnesses who were questioned orally and cross-examined by Mr Doorson s lawyer; and (3) one witness who made a statement to the police and then disappeared. A.1.3 KEY QUESTIONS BEFORE THE COURT The facts of this case show the balance that must be struck between the need for fair procedures in trial and the need for results in the public interest. Mr Doorson complained that there had been an infringement of Article 6(1) and Article 6(3)(d) on the grounds that he had been convicted on the evidence of witnesses who had not been heard in his presence. The Government argued that the need to protect the identity of the witnesses made it necessary to exclude Mr Doorson from their questioning. Further, the Government argued that it had counterbalancing measures in place for example, allowing Mr Doorson s lawyer to cross-examine the witnesses to make sure that despite not hearing the witnesses, Mr Doorson still received a fair trial. A.2 COURT RESPONSE TO THE QUESTIONS ASKED The Court concluded that the conviction of the applicant was fair. The court recognised that the Dutch criminal justice system had sufficient counterbalancing measures in place to ensure that convictions were still safe under Article 6. The court emphasised, however, that even where there are counterbalancing measures in place, a conviction should not be based either solely or decisively on anonymous witness statements. Extreme care should be taken when anonymous witnesses are involved. The Court decided that the defence had had ample opportunity to examine the witnesses against the applicant in this case. The Dutch criminal justice system struck a fair balance between the interests of the criminal and the public interest to prosecute crimes. A.3 COURT CONCLUSIONS

3 The Court decided that there was not a violation of Article 6. The particular counterbalancing measures in the Dutch criminal justice system satisfied the Court that the conviction was safe under Article 6. A.4 CONCURRENT OPINIONS AND DISSENTS, IF RELEVANT There were two dissenting opinions in this case concerning the fact that the applicant s conviction was based mainly on untested evidence. Two of the cooperating witnesses were anonymous and one disappeared from the court premises, never to be found again. Thus, it was impossible for this witness to be tested. A.5 COMMENTARY (MAIN PRINCIPLES) This case is significant as it provides some guidance as to the fundamental features a criminal justice system must possess in order to be compliant with Article 6. Despite the Court deciding a non-violation, the main principle to be taken from the judgment is that a conviction should not be based solely or decisively on untested, anonymous witness statements. Where there are anonymous witnesses involved, the state must take extreme care and have other measures in place to balance the fairness of the trial. The Court has stressed this message in other cases, for example, in A and others v UK where anonymous evidence was held to be a violation of the Convention, and in Al- Khawaja v UK where the anonymous evidence was not a violation of Article 6 on the basis of the balancing measures in the UK justice system. A.6 EXECUTION OF JUDGMENT: SPECIFIC AND GENERAL MEASURES This case was a non-violation as it was deemed that the measures brought in by the Dutch authorities in the previous case of Kostovski v the Netherlands (11454/85) were sufficient. A number of modifications relating to the entitlement of witnesses to remain anonymous were introduced to the Dutch Code of Criminal Procedure in B EDUCATIONAL ACTIVITIES B.1 ACTIVITY PLAN Introduction: In this lesson pupils will be guided through the case of Doorson v. the Netherlands in order to learn the importance of the right to a fair trial. Through class

4 and group discussion the pupils will gain an understanding of the scope of Article 6 of the Convention. Concept/Topic: The pupils will learn about the human rights principles in the case of Doorson v. the Netherlands. Learning Objectives: - Knowledge and Understanding o The pupil will be able to understand the scope of Article 6 (right to a fair trial) and, specifically, Article 6(3)(d), which deals with the examination of witnesses in criminal trials of the Convention. o The pupil will be able to understand how Article 6(3)(d) is interpreted by the Court. o The pupil will be able to understand the concept of a fair trial and its importance. o The pupil will be able to understand the role of Article 6 within the criminal justice system. - Skills o The pupil will be able to identify arguments of both sides from a set of facts. o The pupil will be able to effectively communicate an argument. o The pupil will be able to listen to another s point of view. o The pupil will be able to recognise violations of Article 6. - Attitude o To appreciate the importance of Article 6 of the Convention. - Time Learning activity: Aims / content Method Teacher activities students activities Assignment category Material Part 1 Class Discussion Project or write the words 'Fair Trial' for the class to see. Ask the students: 1. What do they think of when they see the

5 words fair trial? 2. What things do they think would make a trial unfair? 3. Why do they think the right to a fair trial might be important in a democratic society? Divide the board into two sides one side headed 'Fair' and the other 'Unfair'. List the students' ideas. Project Article 6 for the class to see. Discuss the parts in bold and see how many of these situations arose in discussion. Handout 1 Ask the students in groups of two or three: 1. Imagine they have been arrested or detained. 2. Come up with a list of rights that they would want if they found themselves in this position. 3. Consider whether they think that a lawyer should be present during police questioning. 4. Should a lawyer be present if the accused is questioned at the scene of the alleged crime? Handout 2 Draw attention to section 6(3)(c) regarding the examination of witnesses. 1. Consider why witnesses are an important part of a fair trial. 2. Why might you want to question witnesses yourself in court? Split the students into four groups and assign each group with one of the following cards. Give them some time to discuss and then choose on student to report back to the class. Handouts 3 & 4

6 Part 2 Give the students Handout 5 which contains the description of Doorson v. the Netherlands. Place the students in groups of four or five to discuss the questions. One student per groups presents the results of the discussion to the class. Handout 5 Discuss the outcome of the case with the class and see how many students agreed with the decision. In the same groups consider Handout 6. A different student presents the results to the rest of the class. Handout 6 Didactical approach Each education system, school or group has a certain way of organising a learning activity. In order to achieve a certain consistency in all the learning activities, please try to use this frame (being aware of the fact at the same time that the way of preparing a learning activity is culture sensitive.) B.2 MATERIAL Handout 1: (Teacher Guideline) Text of Article 6 Handout 2: (Teacher Guideline) Questions of Detention Handout 3: Card A Handout 4: Card B Handout 5: Class questions Handout 6: Discussion

7 B.2 MATERIAL: PROJECTION/ HANDOUT 1: THE TEXT OF ARTICLE 6 Article 6 The Right to a Fair Trial 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement shall be pronounced publicly by the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice. 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3. Everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and the facilities for the preparation of his defence; (c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require; (d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

8 HANDOUT 2: (TEACHER GUIDELINE) QUESTIONS ON DETENTION Some Guidance on Detention HANDOUT 3: CARD A CARD A Two teenagers are arrested on suspicion of committing arson. The only witness is a convicted criminal. The police refuse to allow the teenagers to have their choice of lawyer present and tell them that they may only have the duty lawyer present for reasons of expediency. The teenagers choose not to have the duty lawyer present at the interview. The interview is not recorded. Questions: What issues arise in relation to the right to a fair trial? Would it make any difference if the witness was not a convicted criminal? Do you think that, in the circumstances, the teenagers will still receive a fair trial?

9 HANDOUT 4: CARD B CARD B A student is arrested on suspicion of robbery. He is held on remand pending the hearing. He is from a small island, where his lawyer resides, but he has been imprisoned 200 miles away. Questions: What issues might arise in relation to the right to a fair trial? Would it make any difference if he could contact his lawyer whenever he wished by telephone? What if the lawyer lives 50 miles away but has no car? Hint: Look again at Articles 6(3)(b) and 6(3)(c).

10 HANDOUT 5: CLASS QUESTIONS Doorson v the Netherlands Facts: Mr Doorson was identified as a drug dealer by a number of witnesses who were known to be drug-users. He was placed on trial. Six of the witnesses remained anonymous as they feared a reprisal from Mr Doorson. The identities of a further two were disclosed. Mr Doorson s lawyer asked the court to summon these anonymous witnesses but was refused. Of the two identified witnesses, only one appeared at trial and that witness withdrew his statement. The evidence of the second identified but absent witness was therefore read out in court. The applicant was convicted on the basis of this evidence. Answer the following questions and then choose one student to report your findings back to the class: 1. Do you think Mr Doorson received a fair trial? 2. Do you think the court made the right decision? Give reasons. Discuss the outcome of the case with the class and see how many students agreed with the decision.

11 HANDOUT 6: DISCUSSION In cases relating to Article 6, and indeed other articles, it is often people who have been accused of crimes and convicted criminals that are seeking to enforce their rights. Do you agree with this? Should, for example, a paedophile have the same rights as everybody else? Should he retain some rights but not others? Discuss in groups and then as a class.

SCHEDULES. SCHEDULE 1 Section 1(3). THE ARTICLES PART I THE CONVENTION RIGHTS AND FREEDOMS ARTICLE 2

SCHEDULES. SCHEDULE 1 Section 1(3). THE ARTICLES PART I THE CONVENTION RIGHTS AND FREEDOMS ARTICLE 2 Human Rights Act 1998 (c. 42) 1 SCHEDULES SCHEDULE 1 Section 1(3). THE ARTICLES PART I THE CONVENTION RIGHTS AND FREEDOMS ARTICLE 2 RIGHT TO LIFE 1 Everyone s right to life shall be protected by law. No

More information

Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS

Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS Naime Ahmeti A DEFENDANT RIGHTS OF THE DEFENDANT IN CRIMINAL PROCEEDINGS ABSTRACT Rights of the defendant in criminal proceedings are guaranteed by the Constitution and the Criminal Procedure Code of Kosovo,

More information

The Federal Criminal Process

The Federal Criminal Process Federal Public Defender W.D. Michigan The Federal Criminal Process INTRODUCTION The following summary of the federal criminal process is intended to provide you with a general overview of how your case

More information

Being a witness in a criminal trial

Being a witness in a criminal trial Being a witness in a criminal trial If you have been the victim of an offence, or a witness to that offence, you may be asked to make a formal statement. The judge who hears the case can use your statement

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS LAW ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS I GENERAL PROVISIONS Subject and Application of the Law Article 1 This Law shall govern mutual assistance in criminal matters (hereinafter: mutual assistance)

More information

Attending Court as a Witness

Attending Court as a Witness Attending Court as a Witness 2006 Attending Court as a Witness This booklet is also available in the following languages: - Arabic - French - Irish - Latvian - Lithuanian - Mandarin - Polish - Russian

More information

THE COURT: You have been selected and sworn to determine the facts and

THE COURT: You have been selected and sworn to determine the facts and 1 THE COURT: You have been selected and sworn to determine the facts and render a verdict in the case of the Commonwealth / 1 of Pennsylvania versus Robert Greene, who is charged with one count of robbery,

More information

The Region of Waterloo Drug Treatment Court

The Region of Waterloo Drug Treatment Court The Region of Waterloo Drug Treatment Court Adult PROGRAM Waiver for Stream B Participants I understand that I am charged with the following criminal offence(s) of: [LIST BELOW] The normal course of a

More information

CRIMINAL LAW & YOUR RIGHTS MARCH 2008

CRIMINAL LAW & YOUR RIGHTS MARCH 2008 CRIMINAL LAW & YOUR RIGHTS MARCH 2008 1 What are your rights? As a human being and as a citizen you automatically have certain rights. These rights are not a gift from anyone, including the state. In fact,

More information

FIRST SECTION. CASE OF VILBORG YRSA SIGURÐARDÓTTIR v. ICELAND. (Application no. 32451/96) JUDGMENT STRASBOURG

FIRST SECTION. CASE OF VILBORG YRSA SIGURÐARDÓTTIR v. ICELAND. (Application no. 32451/96) JUDGMENT STRASBOURG FIRST SECTION CASE OF VILBORG YRSA SIGURÐARDÓTTIR v. ICELAND (Application no. 32451/96) JUDGMENT STRASBOURG 30 May 2000 In the case of Vilborg Yrsa SIGURÐARDÓTTIR v. Iceland, The European Court of Human

More information

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED

INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED INFORMATION / FACT SHEET CRIME TO TRIAL PROCESS CRIMINAL COURT HEARINGS EXPLAINED *(Please be advised that this is a general guide only and is by no means an exhaustive summary of all criminal court hearings.

More information

FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY. Table of Contents

FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY. Table of Contents FORMAL MEMORANDUM ENQUIRIES AS TO WITNESS CREDIBILITY Table of Contents Introduction...1 Commission Enquiries...2 Police National Computer (PNC)...3 Police National Database (PND)...3 Social Services Department

More information

What is the "Code Of Service Discipline"?

What is the Code Of Service Discipline? This booklet has been designed to provide general information on disciplinary proceedings under the Code of Service Discipline, focusing on the rights and entitlements of CF members under the Canadian

More information

California Judges Association OPINION NO. 56. (Issued: August 29, 2006)

California Judges Association OPINION NO. 56. (Issued: August 29, 2006) California Judges Association OPINION NO. 56 (Issued: August 29, 2006) ETHICAL CONSIDERATIONS WHEN A JUDGE OR A MEMBER OF A JUDGE S FAMILY HAS BEEN ARRESTED OR IS BEING PROSECUTED FOR CRIMINAL ACTIVITY

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

New Zealand Bill of Rights Act 1990

New Zealand Bill of Rights Act 1990 Reprint as at 1 July 2013 New Zealand Bill of Rights Act 1990 Public Act 1990 No 109 Date of assent 28 August 1990 Commencement see section 1(2) Contents Page Title 2 1 Short Title and commencement 3 Part

More information

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM

AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 2006 AN OVERVIEW OF THE JUVENILE JUSTICE SYSTEM OUTCOMES As a result of this lesson, students will be able to: Summarize juvenile court process and procedures Define legal terms used in the juvenile justice

More information

Cooperation with the International Criminal Court Act (2002:329)

Cooperation with the International Criminal Court Act (2002:329) Cooperation with the International Criminal Court Act (2002:329) Issued: 8 May 2002 Entered into force: 1 July 2002 General provisions Section 1 If the Court established under the Rome Statute of the International

More information

Going to Court as a Witness

Going to Court as a Witness Going to Court as a Witness - July 2010 Going to Court as a Witness 1 Introduction Going to court can be stressful for many victims and witnesses. If you need to give evidence in a criminal trial, we hope

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

Court Record Access Policy

Court Record Access Policy SUPREME COURT OF BRITISH COLUMBIA Court Record Access Policy The Supreme Court of British Columbia 800 Smithe Street Vancouver, BC V6Z 2E1 www.courts.gov.bc.ca Page 1 of 39 TABLE OF CONTENTS PART I: GENERAL

More information

Mutual Legal Assistance (International)

Mutual Legal Assistance (International) Mutual Legal Assistance (International) 2005-32 MUTUAL LEGAL ASSISTANCE (INTERNATIONAL) ACT 2005 Principal Act Act. No. 2005-32 Commencement 23.5.2005 Assent 23.5.2005 Amending enactments Relevant current

More information

have to appear before the Youth Justice Court *, or

have to appear before the Youth Justice Court *, or Chapter 3: Lawyers Part 1: The right to a lawyer 1. When do I need a lawyer? You should talk to a lawyer whenever you: are charged* with breaking the law, are arrested or detained by the police, have to

More information

1. The signature of the complaining witness sworn to before a Judge or an individual designated by the Judges;

1. The signature of the complaining witness sworn to before a Judge or an individual designated by the Judges; Subpart H Rules of Criminal Procedure H-1 Complaints (a) All criminal prosecutions for violation of the Law and Order Code shall be initiated by complaint. A complaint is a written statement sworn to by

More information

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case No. 09-00296-03-CR-W-FJG ) ROBERT E. STEWART, ) ) Defendant.

More information

HUMAN RIGHTS (JERSEY) LAW 2000

HUMAN RIGHTS (JERSEY) LAW 2000 HUMAN RIGHTS (JERSEY) LAW 2000 Revised Edition Showing the law as at 1 January 2007 This is a revised edition of the law Human Rights (Jersey) Law 2000 Arrangement HUMAN RIGHTS (JERSEY) LAW 2000 Arrangement

More information

Amnesty International What Is A Fair Trial?

Amnesty International What Is A Fair Trial? Amnesty International What Is A Trial? Introduction A fair trial is a right that all the people of the world are entitled to according to the Universal Declaration on Human Rights. But what makes a trial

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

Human Rights Chamber Delivers 5 Decisions on Admissibility and Merits

Human Rights Chamber Delivers 5 Decisions on Admissibility and Merits HUMAN RIGHTS CHAMBER FOR BOSNIA AND HERZEGOVINA PRESS RELEASE Published Friday, 5 September 2003!!!!!!!!!!!! DOM ZA LJUDSKA PRAVA ZA BOSNU I HERCEGOVINU Human Rights Chamber Delivers 5 Decisions on Admissibility

More information

Guide to compensation claims against the police

Guide to compensation claims against the police Tel: 020 8492 2290 I N C O R P O R A T I N G D O N A L D G A L B R A I T H & C O Guide to compensation claims against the police This guide is designed to provide a general overview to bringing compensation

More information

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX

RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX RULES OF SUPREME COURT OF VIRGINIA PART THREE A CRIMINAL PRACTICE AND PROCEDURE APPENDIX Form 6. Suggested Questions to Be Put by the Court to an Accused Who Has Pleaded Guilty (Rule 3A:8). Before accepting

More information

Imam Bozkurt v Thames Magistrates Court [2001] EWHC Admin 400

Imam Bozkurt v Thames Magistrates Court [2001] EWHC Admin 400 JUDGMENT : LORD WOOLF LCJ : Administrative Court. Monday 14 May 2001 1. This is an application for judicial review of a decision of Deputy District Judge Shrimpton at the Thames Magistratesʹ Court on 6

More information

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal

A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal A Citizen s Guide to the Criminal Justice System: From Arraignment to Appeal Presented by the Office of the Richmond County District Attorney Acting District Attorney Daniel L. Master, Jr. 130 Stuyvesant

More information

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS

FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS FROM CHARGE TO TRIAL: A GUIDE TO CRIMINAL PROCEEDINGS If you are experiencing, or have experienced, domestic violence and/or sexual violence there are a number of ways the law can protect you. This includes

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

Information for witnesses going to court

Information for witnesses going to court Information for witnesses going to court Useful telephone numbers Witness Service...440496 Victim Support...440496 Women s Refuge...08007 356836 (freephone) Citizen s Advice Bureau...08007 350249 (freephone)

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

STATE PROTECTION OF LIFE

STATE PROTECTION OF LIFE Case: Osman v. The United Kingdom STATE PROTECTION OF LIFE ECHR Article: Article 2 The Right to Life Context: The duty on the State to protect life Project group: University of Glasgow A LANDMARK DECISION

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET

YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET YAVAPAI COUNTY PUBLIC DEFENDER 595 WHITE SPAR ROAD PRESCOTT, ARIZONA 86303 PHONE: (928) 771-3588 FAX: (928) 771-3413 INFORMATION BOOKLET Table of Contents CRIMINAL PROCEDURE Initial Appearance/Bond Preliminary

More information

Understanding Our Criminal Justice System. Chapter 6

Understanding Our Criminal Justice System. Chapter 6 Chapter 6 Understanding Our Criminal Justice System When we see someone violating the law, we immediately think of informing the police. You might have seen, either in real life or in the movies, police

More information

Plea bargaining and the role of the lawyer - the Portuguese System -

Plea bargaining and the role of the lawyer - the Portuguese System - Plea bargaining and the role of the lawyer - the Portuguese System - At the outset, I would like to thank the ECBA for inviting me to speak on this subject. Most of you will find it quite odd that I am

More information

IACP National Law Enforcement Policy Center Investigation of Employee Misconduct Model Policy July 2001

IACP National Law Enforcement Policy Center Investigation of Employee Misconduct Model Policy July 2001 IACP National Law Enforcement Policy Center Investigation of Employee Misconduct Model Policy July 2001 I. PURPOSE The purpose of this policy is to inform all employees and the public of procedures for

More information

GLOSSARY OF SELECTED LEGAL TERMS

GLOSSARY OF SELECTED LEGAL TERMS GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A

More information

Council of Europe: European Court of Human Rights and the Parot Doctrine

Council of Europe: European Court of Human Rights and the Parot Doctrine Council of Europe: European Court of Human Rights and the Parot Doctrine March 2014 The Law Library of Congress, Global Legal Research Center (202) 707-6462 (phone) (866) 550-0442 (fax) law@loc.gov http://www.law.gov

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

the criminal justice system and child sex offences

the criminal justice system and child sex offences Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DON PATERSON INTRODUCTION Delays in the hearing of cases, both civil and criminal, in the Supreme Court of Vanuatu are becoming a matter of some concern

More information

DAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009

DAPTO HIGH SCHOOL. YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 DAPTO HIGH SCHOOL YEAR 11 LEGAL STUDIES Preliminary Mid-Course Examination 2009 General Instructions: Reading time 5 minutes Working time 1 ½ hours Write using blue or black pen Write your Student Number/Name

More information

Legal Studies. Total marks 100

Legal Studies. Total marks 100 2014 HIGHER SCHOOL CERTIFICATE EXAMINATION Legal Studies Total marks 100 Section I Pages 2 6 20 marks Attempt Questions 1 20 Allow about 30 minutes for this section General Instructions Reading time 5

More information

EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS. of the. EXTRADITION LAW and the

EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS. of the. EXTRADITION LAW and the EXTRADITION UP-TO-DATE FULL TEXT TRANSLATIONS of the EXTRADITION LAW 5714-1954 and the EXTRADITION REGULATIONS (LAW PROCEDURES AND RULES OF EVIDENCE IN PETITIONS) 5731-1970 1. Extradition only under this

More information

The Witness Charter. Standards of care for witnesses in the Criminal Justice System

The Witness Charter. Standards of care for witnesses in the Criminal Justice System The Witness Charter Standards of care for witnesses in the Criminal Justice System 1 THE WITNESS CHARTER About this charter The Witness Charter has been developed to tell you how, as a witness, you can

More information

Walking Through a Trial

Walking Through a Trial Lesson Overview Overview: This lesson will teach students how the legal system works and how a case progresses through the state courts. Objectives: Students will be able to Define key terms related to

More information

Defendants charged with serious violent and sexual offences (including murder)

Defendants charged with serious violent and sexual offences (including murder) Bail Amendment Bill Q+A Defendants charged with serious violent and sexual offences (including murder) How is the Government changing bail rules for defendants charged murder? The Government thinks that

More information

Draft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015. Situation of Human Rights in Venezuela

Draft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015. Situation of Human Rights in Venezuela Draft Resolution for the United Nations Human Rights Council 30 th Session, September 14-25, 2015 Situation of Human Rights in Venezuela The Human Rights Council, Guided by the Charter of the United Nations

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION

The Criminal Procedure Rules Part 17 as in force on 2 February 2015 PART 17 EXTRADITION Contents of this Part PART 17 EXTRADITION Section 1: general rules When this Part applies rule 17.1 Meaning of court, presenting officer and defendant rule 17.2 Section 2: extradition proceedings in a

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

Going to Court: A Roadmap for People Representing Themselves in Criminal Court

Going to Court: A Roadmap for People Representing Themselves in Criminal Court Going to Court: A Roadmap for People Representing Themselves in Criminal Court This roadmap to criminal law is divided into four different sections. The Basics explains what criminal law is and how criminal

More information

The Circuit Court. Judges and Clerks. Jurisdiction

The Circuit Court. Judges and Clerks. Jurisdiction The Circuit Court The circuit court is the trial court of general jurisdiction in Virginia, and the court has authority to try a full range of both civil and criminal cases. Civil cases involve disputes

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you

Making a Victim Personal Statement. You have a voice in the criminal justice system and have a right to explain how the crime has affected you Making a Victim Personal Statement You have a voice in the criminal justice system and have a right to explain how the crime has affected you CONTENTS About this leaflet What is a Victim Personal Statement

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and Expungement Information About Removing Criminal Records from Public Access in Maryland Table of Contents What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For

More information

Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6)

Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6) Best practices for effective communication (EU Directive on the right to interpretation and translation in criminal proceedings Article 6) Vademecum for lawyers Roland Kier, Austria Dear ladies and gentlemen,

More information

This chapter will focus on your right to a lawyer, the different ways to get a lawyer, and what you should expect from your lawyer.

This chapter will focus on your right to a lawyer, the different ways to get a lawyer, and what you should expect from your lawyer. Chapter 3: Getting a Lawyer This chapter will focus on your right to a lawyer, the different ways to get a lawyer, and what you should expect from your lawyer. It is always best to get a lawyer. Other

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 6, 2013. It is intended for information and reference purposes only. This

More information

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA STATE OF MISSISSIPPI IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO. 2002-KA-01124-COA JIMMY FORD APPELLANT v. STATE OF MISSISSIPPI APPELLEE DATE OF TRIAL COURT JUDGMENT: 5/10/2002 TRIAL JUDGE: HON. MARCUS D. GORDON

More information

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY

BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY BRYCE A. FETTER ORLANDO JUVENILE CHARGES ATTORNEY People make mistakes, especially young people. Juvenile lawyer Bryce Fetter believes children should get a second chance through rehabilitation rather

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant

Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant On December 11, 2014, the Supreme Court of Canada released R. v. Fearon, a decision that addresses when police

More information

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE

CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE CODE OF PRACTICE FOR THE CONDUCT OF CRIMINAL PROCEEDINGS BY THE PROSECUTION AND THE DEFENCE A. INTRODUCTION 1. This document lays down the Code of Practice ( Code ) for the conduct of criminal proceedings

More information

No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SHANE RAIKES, Appellant. SYLLABUS BY THE COURT

No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. STATE OF KANSAS, Appellee, SHANE RAIKES, Appellant. SYLLABUS BY THE COURT 1. No. 108,809 IN THE COURT OF APPEALS OF THE STATE OF KANSAS STATE OF KANSAS, Appellee, v. SHANE RAIKES, Appellant. SYLLABUS BY THE COURT Generally, issues not raised before the district court, even constitutional

More information

A. APPLICABILITY OF GUIDELINE

A. APPLICABILITY OF GUIDELINE 1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners

More information

AMERICAN CONSTITUTION SOCIETY (ACS) SIXTH AMENDMENT LESSON PLAN RIGHT TO COUNSEL JUNIOR HIGH SCHOOL

AMERICAN CONSTITUTION SOCIETY (ACS) SIXTH AMENDMENT LESSON PLAN RIGHT TO COUNSEL JUNIOR HIGH SCHOOL AMERICAN CONSTITUTION SOCIETY (ACS) SIXTH AMENDMENT LESSON PLAN RIGHT TO COUNSEL JUNIOR HIGH SCHOOL Description: This unit was created to introduce students to the Sixth Amendment though the Supreme Court

More information

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015

Criminal appeals. Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 Page 1 of 19 Criminal appeals version 3.0 Published for Home Office staff on 08 July 2015 About this guidance An overview of appeals Appeals relating to immigration enforcement investigation cases The

More information

DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004

DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 ANGUILLA DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 PUBLISHED BY AUTHORITY DRUG TRAFFICKING OFFENCES (AMENDMENT) ACT 2004 ARRANGEMENT OF SECTIONS SECTION 1. Interpretation 2. Amendment of section 1

More information

A Victim s Guide to the Capital Case Process

A Victim s Guide to the Capital Case Process A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney General s Office A Victim s Guide to the Capital Case Process Office of Victims Services California Attorney

More information

CRIMINAL JUSTICE (SCOTLAND) BILL

CRIMINAL JUSTICE (SCOTLAND) BILL CRIMINAL JUSTICE (SCOTLAND) BILL EXPLANATORY NOTES (AND OTHER ACCOMPANYING DOCUMENTS) CONTENTS As required under Rule 9.3 of the Parliament s Standing Orders, the following documents are published to accompany

More information

- 2 - Your appeal will follow these steps:

- 2 - Your appeal will follow these steps: QUESTIONS AND ANSWERS ABOUT YOUR APPEAL AND YOUR LAWYER A Guide Prepared by the Office of the Appellate Defender 1. WHO IS MY LAWYER? Your lawyer s name is on the notice that came with this guide. The

More information

THE UK S ANTI-MONEY LAUNDERING LEGISLATION AND THE DATA PROTECTION ACT 1998 GUIDANCE NOTES FOR THE FINANCIAL SECTOR. April 2002

THE UK S ANTI-MONEY LAUNDERING LEGISLATION AND THE DATA PROTECTION ACT 1998 GUIDANCE NOTES FOR THE FINANCIAL SECTOR. April 2002 THE UK S ANTI-MONEY LAUNDERING LEGISLATION AND THE DATA PROTECTION ACT 1998 GUIDANCE NOTES FOR THE FINANCIAL SECTOR April 2002 Introduction 1. This guidance has been prepared by the Government departments

More information

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from the Scottish Child Law Centre

Justice Committee. Criminal Justice (Scotland) Bill. Written submission from the Scottish Child Law Centre INTRODUCTION Justice Committee Criminal Justice (Scotland) Bill Written submission from the Scottish Child Law Centre The Scottish Child Law Centre (SCLC or the Centre) is an independent charity, based

More information

Judicial Independence (And What Everyone Should Know About It) 15 March 2012

Judicial Independence (And What Everyone Should Know About It) 15 March 2012 Court of Appeal of British Columbia Supreme Court of British Columbia Provincial Court of British Columbia Introduction Judicial Independence (And What Everyone Should Know About It) 15 March 2012 The

More information

Defending Yourself in Criminal Court

Defending Yourself in Criminal Court Community Legal Information Association of Prince Edward Island, Inc. Defending Yourself in Criminal Court If you are charged with a criminal offence, certain federal offences, or a provincial offence,

More information

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process

Contents. Introduction. How to report a fraud. What happens when you report a fraud? The investigation process 1 Contents Introduction How to report a fraud What happens when you report a fraud? The investigation process Who decides if the case should go to court? What is a non-court disposal? What happens at

More information

ESSENTIAL ACCIDENT & FATALITY STRATEGY

ESSENTIAL ACCIDENT & FATALITY STRATEGY WORK AT HEIGHT ESSENTIAL ACCIDENT & FATALITY STRATEGY ACCIDENT AND FATALITY STRATEGY No matter how well something is planned, accidents can happen, and when they do people often react to a situation on

More information

Victim/Witness Security and Protection

Victim/Witness Security and Protection REFERENCE GUIDE ON PROTECTING THE RIGHTS OF CHILD VICTIMS OF TRAFFICKING IN EUROPE Chapter 13 Victim/Witness Security and Protection 13.1 General principles Child victims who agree to testify should be

More information

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness

A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness A Working Protocol between ACPO, the Crown Prosecution Service (CPS), Her Majesty s Court & Tribunals Service (HMCTS), the Witness Service and the Senior Presiding Judge for England and Wales on Reading

More information

Contesting a speeding ticket

Contesting a speeding ticket Contesting a speeding ticket If a driver wishes to contest a speeding charge they must complete and return the Section 172 notice (or, notice of intended prosecution) within 28 days. Even if the driver

More information

Criminal Law. We re on your side. Petherbridge Bassra. Your Local Solicitors

Criminal Law. We re on your side. Petherbridge Bassra. Your Local Solicitors Criminal Law We re on your side is a Bradford firm helping clients with cases close to home, nationally and internationally. These pages will tell you what we do and how we do it and naturally we will

More information

Preliminary Analysis of the Legislation Requirements of the Criminal Justice Administration Policy September 2009

Preliminary Analysis of the Legislation Requirements of the Criminal Justice Administration Policy September 2009 Preliminary Analysis of the Legislation Requirements of the Criminal Justice Administration Policy September 2009 Federal Democratic Republic of Ethiopia Introduction The full implementation of the new

More information

Council of the European Union Brussels, 12 September 2014 (OR. en)

Council of the European Union Brussels, 12 September 2014 (OR. en) Council of the European Union Brussels, 12 September 2014 (OR. en) Interinstitutional File: 2013/0409 (COD) 13132/14 NOTE From: To: Presidency DROIPEN 104 COPEN 218 CODEC 1799 Working Party on Substantive

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

HUDOC: List of Keywords Article by Article

HUDOC: List of Keywords Article by Article HUDOC: List of Keywords Article by Article The legal issues dealt with in each case are summarized in a list of Keywords, chosen from a thesaurus of terms taken (in most cases) directly from the text of

More information