District courts (Scotland): compatibility with article 6 of the European Convention on Human Rights

Chalmers, J. (2003) District courts (Scotland): compatibility with article 6 of the European Convention on Human Rights. Journal of Criminal Law, 67(4), pp. 311-313.

Abstract

Examines the decision of the Privy Council in Clark v Kelly on whether the district court was an independent and impartial tribunal within the meaning of the European Convention on Human Rights 1950 Art.6(1) because the clerk to the justices was an employee of the local authority. Considers whether private communications between the clerk and the justice, if the clerk was not regarded as a member of the tribunal, deprived Kelly of his right to a fair trial and the principle of equality at arms as he would not be able to challenge the legal advice given by the clerk to the justice.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Chalmers, Professor James
• Authors: Chalmers, J.
• College/School: College of Social Sciences > School of Law
• Journal Name: Journal of Criminal Law
• ISSN: 0022-0183