Abstract

GIVEN the importance of the case, it is unsurprising that the House of Lords should reach so rapid a decision in R. v. Director of Public Prosecutions, ex p. Kebilene [1999] 3 W.L.R. 972 (on appeal from the Divisional Court, noted at (1999) 58 C.L.J. 468). It will remembered that the Divisional Court granted a declaration that the D.P.P.'s decision to continue his consent to prosecutions under the reverse onus provisions of the Prevention of Terrorism Act 1988 (P.T.A.) was unlawful. According to the lower court, these provisions were in irreconcilable conflict with Article 6(2) of the European Convention on Human Rights which provides that: “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law”.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.