Fair trial and due process

Due process and the right to fair trial lie at the heart of our common law system of justice. For centuries, they have expressed the core idea that every person is entitled to the due process of law, to challenge the legality of their detention, and to a fair hearing by an independent and impartial tribunal.

Today, the same guarantees are contained in Article 5 (the right to liberty) and Article 6 (the right to a fair trial) of the European Convention on Human Rights, in Articles 9 and 14 of the International Covenant on Civil and Political Rights, and in the law of every democratic country throughout the world. Despite this, these rights face constant erosion by disproportionate legislation.

Since its formation on 1957, JUSTICE has been one of the foremost defenders of the right to a fair trial in UK law –  for many years defending the rights of persons wrongly convicted of criminal offences. More recently, we have been active in arguing for fair trial principles in a wide range of contexts, from asylum, counter-terrorism, and criminal justice.