The Weekly Law Reports
[2001] 3 WLR 1562
House of Lords
Regina
v
Kansal (No 2)
[2001] UKHL 62
2001 Oct 8,
9,
10,
11,
15;
Nov 29
Nov 29
Lord Slynn of Hadley, Lord Lloyd of Berwick, Lord Steyn, Lord Hope of Craighead and Lord Hutton
Crime
— Court of Appeal (Criminal Division)
— Reference by Criminal Cases Review Commission
— Reliance on Convention right
— Defendant convicted after trial where prosecutor lawfully adducing evidence of answers given by defendant under compulsion in earlier bankruptcy proceedings
— Retrospective provision allowing person in proceedings brought by public authority to rely on Convention rights if victim of unlawful act
— Court of Appeal allowing defendant to rely on right to fair trial on reference back and quashing convictions
— Whether retrospectivity provision extending to appeals
—
Human Rights Act 1998 (c 42), ss. 6(1)(2)(a), 7(1)(b)(6), 22(4)
Judicial precedent
— House of Lords decision
— How far binding
— Recent indistinguishable majority decision of House of Lords
— No change of circumstances
— No justification to depart from decision