Article 8 of the European Convention on Human Rights and the decision to prosecute

Malkani, Bharat ORCID: https://orcid.org/0000-0003-3724-2444 2011. Article 8 of the European Convention on Human Rights and the decision to prosecute. Criminal Law Review 12 , pp. 943-956.

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Abstract

Argues that the courts have erred in rejecting submissions that the right to private life can be engaged and contravened by prosecutorial policy and decision-making. Outlines prosecutorial policy and the decision-making process as regards the decision to prosecute. Examines whether the European Convention on Human Rights 1950 art.8 is applicable to prosecutorial policy and decision-making and, if it is, whether the interference with the art.8 right is lawful and justifiable. Suggests a framework for the relationship between art.8 and prosecutorial policy.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Publisher:	Sweet and Maxwell
ISSN:	0011-135X
Last Modified:	03 Nov 2022 09:32
URI:	https://orca.cardiff.ac.uk/id/eprint/105234

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