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The Right to a Fair Trial in Criminal Proceedings and the United Kingdom Courts’ Recognition of Foreign Convictions from non-eu Member States

Selected Examples from China, India and Morocco

In: International Human Rights Law Review
Author:
Jamil Ddamulira Mujuzi Associate Professor of Law, Faculty of Law, University of the Western Cape, djmujuzi@gmail.com

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This article discusses three cases from China, India and Morocco in which courts in the United Kingdom have considered the issue of previous convictions for the purposes of sentencing and considering the issue of whether the accused is of bad character. The author highlights the different approaches taken by the different courts and argues that there is a need for guidelines to be developed for courts to follow in deciding whether or not to admit convictions from courts outside the European Union. This would strengthen the accused’s rights to a fair trial in criminal proceedings.

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