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The Adversarial Process and the Vulnerable Witness$
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Louise Ellison

Print publication date: 2002

Print ISBN-13: 9780198299097

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299097.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 April 2021

Orality and the Right to a Fair Trial

Orality and the Right to a Fair Trial

(p.65) IV Orality and the Right to a Fair Trial
The Adversarial Process and the Vulnerable Witness

Louise Ellison

Oxford University Press

This chapter examines the principle of orality in relation to the right to a fair trial in Great Britain. It discusses due process concerns and claims that special protective procedures infringe the so-called confrontation rights of defendants. The chapter mentions the belief of the proponents of confrontation rights that the interposing of physical and technological barriers between witness and accused fails to comport with the notions of trial fairness embodied in the European Convention on Human Rights (ECHR).

Keywords:   orality, fair trial, Great Britain, due process, confrontation rights, witness, ECHR

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