Prisoners or patients: does the trial of facts process breach human rights?

Abstract

This article examines the compatibility of the trial of facts process with Article 6 of the Human Rights Act (1998). The UK courts have ruled that the trial of facts is not a criminal process, and therefore is not subject to the terms of Article 6. They have also held that the terms of Article 6 are not absolute and that certain qualifications can be made to its scope. This article states the case for reclassifying the trial of facts as a criminal process and making it subject to the terms of Article 6. Furthermore, it argues that the trial of facts does not meet the standard of fairness required by Article 6 as defined by the European Court of Human Rights (ECtHR). Consideration is given to how the trial of facts process could be modified to render it compatible with the Human Rights Act (1998).

Keywords:

• fitness to plead
• trial of facts
• human rights: article 6