Court : House of Lords
Decided on : Jun-17-2009
..... any powers of the court of appeal or to remit the case to them. 48. as for the 1973 rules (made under section 46 of the 1968 act and now superseded by comparable provisions in part 70 of the criminal procedure rules 2005), rules 3(1) and 6 are in point: 3(1) ..... the convention rights 14. article 8 provides: 1. everyone has the right to respect for his private and family life, his home and his correspondence. 2. there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and ..... first, neither article has as such precedence over the other. secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual cases is necessary. thirdly, the justifications for interfering with or restricting each right must be taken ..... the thinking underlying rules 3 and 6 of the 1973 rules (whether sanctioned by primary legislation or not) is not difficult to understand. section 36 of the 1972 act for the first time enabled the attorney general to seek clarification of the criminal law by the higher courts, in effect by way of ..... of the convention and be irreconcilable with the strasbourg jurisprudencereflected, for example, in paragraph 37 of the courts judgment in minelli v switzerland (1983) 5 ehrr 554: in the courts judgment, the presumption of innocence will be violated if, without the accuseds having previously been proved guilty .....Tag this Judgment!