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right to examine witnesses

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6 - Common Law Evidence and the Common Law of Human Rights
from Part II - Convergences between Systems
- By John Jackson
Edited by Jordi Ferrer Beltrán, Carmen Vázquez
Book:

Evidential Legal Reasoning

Published online:

05 May 2022

Print publication:

19 May 2022, pp 98-122
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Summary

This paper considers the impact which European human rights law has made upon the common law rules of evidence with reference to the approach the European Court of Human Rights (ECtHR) has adopted towards exclusionary rules. Particular attention will be given to rules that have been developed by the ECtHR in relation to the right to counsel during police questioning (the so-called ‘Salduz’ doctrine) and the right to examine witnesses (the so-called ‘sole or decisive’ evidence rule). It will be argued that the most recent decisions in these respects appear to dilute some of the impact that these rules appeared to have made to the common law and diminish the effectiveness of the Court as a setter of evidentiary standards for domestic jurisdictions.