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- R_v_Horncastle abstract "R v Horncastle & Others [2009] UKSC 14 was a significant judgment of the Supreme Court of the United Kingdom regarding hearsay evidence and the compatibility of UK hearsay law with the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). The case represents another stage in the judicial dialogue between the European Court of Human Rights (ECtHR) and the higher courts of the United Kingdom about whether it is acceptable to base convictions "solely or to a decisive extent" on evidence made by a witness who is identified but does not appear in court (for example, in a witness statement made to the police).A panel of 7 judges sat in the case, including the President of the Supreme Court, Lord Phillips, the Lord Chief Justice, Lord Judge and the Master of the Rolls, Lord Neuberger. The court unanimously affirmed the decision of the Court of Appeal and dismissed the appeals of several defendants who were convicted on the basis of statements of absent witnesses.The case can be viewed as a direct response to the European Court of Human Rights ruling in Al-Khawaja v United Kingdom (2009) 1 EHRR 49 in which the facts were legally very similar. In this case the ECtHR ruled against the state and found that while it was justifiable to allow hearsay evidence in some circumstances, it was likely never permissible for a conviction to be based solely or decisively on such evidence. Al-Khawaja has been appealed by the United Kingdom and the decision by the Grand Chamber (a larger panel of judges which did not overturn the initial decision) is available. The Lords in Horncastle do not look favourably upon the decision of the Grand Chamber stating "that although the domestic court was required to take account of the jurisprudence of the European Court of Human Rights in applying principles which were clearly established, where, on rare occasions, the domestic court was concerned that the European court's decision insufficiently appreciated or accommodated particular aspects of the domestic process, it might decline to follow the decision".".
- R_v_Horncastle wikiPageExternalLink UKSC_2009_0073_Judgment.pdf.
- R_v_Horncastle wikiPageID "31333997".
- R_v_Horncastle wikiPageRevisionID "603250353".
- R_v_Horncastle areaOfLaw Evidence.
- R_v_Horncastle areaOfLaw Human_rights.
- R_v_Horncastle arguedate "--07-09".
- R_v_Horncastle argueyear "2009".
- R_v_Horncastle decidedate "--12-09".
- R_v_Horncastle decideyear "2009".
- R_v_Horncastle fullname "R. v Horncastle ,R. v Blackmore ,R. v Marquis , R. v Graham".
- R_v_Horncastle hasPhotoCollection R_v_Horncastle.
- R_v_Horncastle holding "Appeals dismissed, When hearsay evidence was adduced in a way which complied with the statutory regimes, there was no breach of Article 6, notwithstanding that the evidence was the "sole or decisive" basis of a conviction.".
- R_v_Horncastle litigants "R v Horncastle".
- R_v_Horncastle majority "Lord Phillips".
- R_v_Horncastle neutralCitation UKSC_2009_0073_Judgment.pdf.
- R_v_Horncastle otherCitations "[2010] 2 AC 373, [2010] 2 WLR 47, [2010] 2 All ER 359".
- R_v_Horncastle prior "[2009] EWCA Crim 964".
- R_v_Horncastle subject Category:2009_in_case_law.
- R_v_Horncastle subject Category:2009_in_the_United_Kingdom.
- R_v_Horncastle subject Category:English_case_law.
- R_v_Horncastle subject Category:Supreme_Court_of_the_United_Kingdom_cases.
- R_v_Horncastle comment "R v Horncastle & Others [2009] UKSC 14 was a significant judgment of the Supreme Court of the United Kingdom regarding hearsay evidence and the compatibility of UK hearsay law with the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR).".
- R_v_Horncastle label "R v Horncastle".
- R_v_Horncastle sameAs m.0gjcq2q.
- R_v_Horncastle sameAs Q7278278.
- R_v_Horncastle sameAs Q7278278.
- R_v_Horncastle wasDerivedFrom R_v_Horncastle?oldid=603250353.
- R_v_Horncastle isPrimaryTopicOf R_v_Horncastle.