[2001] UKHL 37

The imposition of a legal, rather than an evidential, burden on a defendant by s.28(2) Misuse of Drugs Act 1971 violated Art.6(2) European Convention on Human Rights. However, the appellant could not rely on Convention rights in respect of a conviction before the Human Rights Act 1998 came into force.

HL (Lord Slynn of Hadley, Lord Steyn, Lord Hope of Craighead, Lord Clyde, Lord Hutton)

05/07/2001