Practice and Procedure

ATTORNEY GENERAL'S REFERENCE (NO.1 OF 2004) sub nom R v CAROLINE PATRICIA EDWARDS : R v (1) ERROL DENTON (2) RUTH JACKSON : R v IAN HENDLEY : R v HELEN CROWLEY (2004)

PUBLISHED April 29, 2004
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[2004] EWCA Crim 1025

A five-judge Court of Appeal gave guidance as to what the criminal courts' approach should be when determining whether a statutory provision imposing a reverse burden of proof contravened the European Convention on Human Rights 1950 Art.6(2) and, if so, what the consequences of that contravention should be. It also gave guidance on when it was appropriate to hold a preparatory hearing under the Criminal Procedure and Investigations Act 1996 Part III.

CA (Crim Div) (Lord Woolf of Barnes LCJ, Judge LJ, Gage J, Elias J, Stanley Burnton J)

29/04/2004

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