ECHR ARTICLE 6

July 19th, 2023 by James Goudie KC

In JONES v BIRMINGHAM CITY COUNCIL (2023) UKSC 27 a 7 Justice Supreme Court holds (1) that Article 6 does not require the criminal standard of proof to be satisfied in respect of proof that a person has engaged in or has encouraged or assisted gang-related violence or gang-related drug dealing activity or proof that a person has engaged or threatens to engage in anti-social behaviour, and (2) that Parliament has devised statutory schemes which conform with the requirements of a fair hearing under Article 6 under Section 34 0f the Policing and Crime Act 2009 and Part 1 of the Anti-Social Behaviour etc Act 2014.

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