
Contents
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I. Introduction I. Introduction
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A. The Texts A. The Texts
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B. The Origins of the Guarantee B. The Origins of the Guarantee
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C. The Purpose and Importance of the Guarantee C. The Purpose and Importance of the Guarantee
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D. The Relative Character of the Guarantee D. The Relative Character of the Guarantee
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1. The General Relativity 1. The General Relativity
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2. The Specific Relativity 2. The Specific Relativity
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3. The Diligence Required from the Defence 3. The Diligence Required from the Defence
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II. The Right to Adequate Time II. The Right to Adequate Time
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A. The Purpose of the Guarantee A. The Purpose of the Guarantee
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B. The Relation of the Guarantee to the Other Rights of the Defence B. The Relation of the Guarantee to the Other Rights of the Defence
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1. The Relationship to Article 6 § 1, the Right to Trial ‘Within a Reasonable Time’ 1. The Relationship to Article 6 § 1, the Right to Trial ‘Within a Reasonable Time’
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2. The Relationship to the Principle of ‘Equality of Arms’ 2. The Relationship to the Principle of ‘Equality of Arms’
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3. The Relationship to Article 6 § 3(a) 3. The Relationship to Article 6 § 3(a)
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4. The Relationship to Article 6 § 3(c) 4. The Relationship to Article 6 § 3(c)
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C. What Constitutes ‘Adequate Time’? C. What Constitutes ‘Adequate Time’?
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1. The Relevant Period 1. The Relevant Period
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2. The Assessment of What is ‘Adequate’ 2. The Assessment of What is ‘Adequate’
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3. Proposals 3. Proposals
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4. Accelerated Proceedings 4. Accelerated Proceedings
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III. The Right to Adequate Facilities III. The Right to Adequate Facilities
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A. Access to the File A. Access to the File
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1. General Observations 1. General Observations
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2. Four Aspects of Access to the File 2. Four Aspects of Access to the File
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(a) Access to the file under the continental system (a) Access to the file under the continental system
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(b) Discovery under the common-law system (b) Discovery under the common-law system
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(c) Discovery of ‘hidden material’ (c) Discovery of ‘hidden material’
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(d) Investigation by the defence (d) Investigation by the defence
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3. The Modalities of Discovery and Access to the File 3. The Modalities of Discovery and Access to the File
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(a) The Object (a) The Object
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(b) Who has Access to the File? (b) Who has Access to the File?
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(c) When does the Right of Access Arise? (c) When does the Right of Access Arise?
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(d) Various Issues (d) Various Issues
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B. Other Facilities B. Other Facilities
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1. Access to Legal Materials 1. Access to Legal Materials
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2. A Reasoned Judgment 2. A Reasoned Judgment
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3. Notification of Consular Rights 3. Notification of Consular Rights
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4. Access to Medical Examination 4. Access to Medical Examination
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5. The Right to a Hearing 5. The Right to a Hearing
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C. Exceptions C. Exceptions
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9 Adequate Time and Facilities
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Published:April 2006
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Abstract
This chapter presents a few general observations on the character of Article 6 section 3(b) of the European Convention on Human Rights (ECHR) and its relative nature. This is followed by an examination of the right to adequate time and adequate facilities to prepare the defence. The two concepts are not entirely unrelated: the more ‘adequate’ the facilities for the preparation of the defence are, the longer the defence will need to use them effectively. The origins, purpose, and importance of the guarantee are discussed, along with the relative character of the guarantee, the relation of the guarantee to the other rights of the defence such as the principle of equality of arms, the relevant period, accelerated proceedings, access to the file, the modalities of discovery and access to the file, other facilities, and exceptions.
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