Unlocking the human rights floodgates?

Kevin Kerrigan

Research output: Contribution to journalArticlepeer-review

2 Citations (Scopus)

Abstract

Considers whether the retrospective effect of the Human Rights Act 1998 could give rise to a flood of criminal appeals following implementation. Suggests that there is nothing in the legislation that prevents fresh appeals from persons who argue that their Convention rights were violated by the investigation or trial process. This applies to persons whenever they were convicted, even it if was prior to the Human Rights Act receiving Royal Assent. The Court of Appeal will have to decide whether to grant leave to appeal out of time to applicants who argue that they have a new statutory right to raise alleged violations of their human rights that occurred a long time prior to the implementation of the Act.
Original languageEnglish
Pages (from-to)71-84
JournalCriminal Law Review
Publication statusPublished - 2000

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