Adverse publicity

The right to a fair trial is guaranteed by Art 6 of the European Convention on Human Rights and lies at the heart of the English legal system. It encompasses several other rights—including the right to be presumed innocent until proven guilty—and, some would argue, demands that bias or prejudice for or against the accused, the witnesses, or the cause which is being tried, is eliminated.

However, the increasingly sensational way in which terrorist arrests and trials have been reported in the press, and the apparent reluctance of judges to intervene and prevent prejudicial reporting of cases, lends weight to the suggestion that Art 6 is becoming nothing more than a toothless provision.

DIRECTIONS TO JURIES

The fairness of the criminal trial process relies on the assumption that juries will try cases fairly, independent of anything they may see, hear, or read outside the courtroom. This assumption is crystallised by judicial directions. At the start of a trial and before deliberations begin,