Practice and Procedure

CHRISTOPHER NEWMAN (T/A MANTELLA PUBLISHING) V MODERN BOOKBINDERS LTD (2000)

PUBLISHED January 20, 2000
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It was a denial of justice not to give an accused adequate details of what he had been accused of doing and an opportunity to apply for legal aid once the possibility of imprisonment became apparent. Even before the Human Rights Act 1998 comes into force, failure to put a charge such as contempt of court in writing may leave an appellate court in doubt as to whether adequate notice had been given. Once the Act was in force the charge would be considered a criminal charge attracting the provisions of Art.6(3) European Convention on Human Rights, which required a defendant to have adequate time and facilities for the preparation of his defence.

CA (Civ Div) (Brooke LJ, Robert Walker LJ, Sedley LJ)

20/01/2000

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