THE PRESUMPTION OF INNOCENCE AND REVERSE BURDENS: A BALANCING ACT

THE Human Rights Act 1998 (''HRA''), which commenced operation on 2 October 2000, incorporates the European Convention on Human Rights into domestic law. Under section 6, courts should bring the common law into line with the Convention. Section 3 directs courts to construe legisl...

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Bibliographic Details
Published in:Cambridge law journal 2007-03, Vol.66 (1), p.142-171
Main Author: Hamer, David
Format: Article
Language:English
Subjects:
Appellate courts
Attorneys general
Burden of proof
Case studies
Common law
Convention for the Protection of Human Rights and Fundamental Freedoms
Criminal justice
Criminal law
Criminal prosecution
Criminals
Defendants
Defendants rights
Evidence
False arrests & convictions
Gravamen
Human rights
International law
Law enforcement
Legal innocence
Legal systems
Legislation
Philosophy of law
Presumption of innocence
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Summary:THE Human Rights Act 1998 (''HRA''), which commenced operation on 2 October 2000, incorporates the European Convention on Human Rights into domestic law. Under section 6, courts should bring the common law into line with the Convention. Section 3 directs courts to construe legislation, as far as is possible, in a way compatible with the Convention. If this is not possible, the legislation will still be enforced, but with a declaration of incompatibility under section 4.
ISSN:0008-1973
1469-2139
DOI:10.1017/S0008197307000062