In this episode of The Case Files, Christine O'Neill KC and Clare Bone discuss two relatively recent cases which raised the importance of anyone accused of crimes having access to independent and impartial legal decision-makers, a right that is protected by article 6 of the European Convention on Human Rights.
The first case, Clark v Kelly (2004) is about whether it was proper for the clerk in the District Court to give advice in private to the presiding justice of the peace and the second, Kearney v HMA (2006), raised the issue of whether it was lawful for the Lord Advocate to appoint temporary judges.
Christine and Clare also talk about some of the practical things that have changed in regulatory and disciplinary proceedings as a result of the European Convention becoming a part of UK law in 1998, for example that legal advisers now have to give their advice to judges and decision-makers in front of the parties themselves.
These cases link back to some of the issues about independence and impartiality that Christine discussed in our earlier podcast, "What do I do if I think my judge is biased?".
The information in this podcast was correct at the time of recording. The podcast and its content is for general information purposes only and should not be regarded as legal advice.
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