Criminal Justice

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When an individual engages with the criminal justice system for any reason there are a range of human rights that should be respected, mainly civil and political rights. 

When someone is charged with a criminal offence their right to a fair trial is engaged and certain standards must be met. 

  • Depriving someone of liberty through arrest and detention must be done in a lawful way that is compatible with human rights law and their treatment once detained must also respect their dignity.

  • Legal aid provision is an important part of providing equal access to justice so any changes to legal aid would engage human rights.

  • If someone has been a victim of any human rights abuse they have a right to a remedy that must be provided.

Certain types of crimes such as hate crimes or domestic violence are regarded more serious and allow for different sanctions to be imposed and require particular protections for victims.

 

 

Rights Enagaged

Freedom from torture, inhuman or degrading treatment
  • HRA / ECHR, Art3
  • ICCPR, Art 7
  • UNCAT, Art 3

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Right to life
  • HRA / ECHR, Art 2
  • ICCPR, Art 6

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Right to liberty and security
  • HRA / ECHR, Art 5
  • ICCPR, Art 9
Right to a fair trial
  • HRA / ECHR, Art 6
  • ICCPR, Art 14

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No punishment without law
  • HRA / ECHR, Art 7
  • ICCPR, Art 15
Right to an effective remedy
  • ECHR, Art 13
  • ICCPR, Art 2
  • ICERD, Art 6

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Right to be treated fairly and without discrimination
  • HRA / ECHR, Art 14
  • ICCPR, Art 26
  • ICERD, Art 5(a)
  • UNCRPD, Art 12

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