RJ, R (On the Application Of) v The Director of Legal Aid Casework

Kate Stone (instructed by Broudie Jackson Canter) for the Claimant Martin Chamberlain QC & Malcolm Birdling (instructed by Legal Aid Agency) for the Defendant Anthony Mazzag (instructed by Hill Dickinson LLP) for the Interested Party Hearing date: 09/03/16 ____________________

Note 1 Contrary to the claimant�s submission, Allen v United Kingdom does not, however, show that article 6(1) or (3) can apply to proceedings which are not themselves part of the criminal process. The Court made it clear that the presumption of innocence contained in article 6(2), which was there in issue, differs from the rest of article 6 in that, unlike other article 6 rights, it remains operative after the conclusion of criminal proceedings which result in an acquittal and applies in subsequent proceedings, provided there is a sufficient link with the earlier proceedings. [Back]