Please read R. v. S and A., [2008] EWCA Crim 2177, and tell me why the Court does not want to recognize defendants’ right? Maybe it wants the case to be decided by the European Court of Human Rights? What is more interesting the British Appellate Court discuss one American judgment In Re Boucher, 2007 WL 4246473 (United States District Court for the District of Vermont, Nov. 29, 2007) which I mentioned in my post titled “Nemo se ipsum accusare tenetur“.

Just to remind you. The Convention for the Protection of Human Rights and Fundamental Freedoms, CETS No.: 005.

Article 6 – Right to a fair trial
(…)
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

Do I miss something? Isn’t it the duty of the Police and a prosecutor to collect evidences against defendants and to prove that they are guilty?

Categories: European Convention on Human Rights | UK law | US law | computer crime | computer law.