357. Procedural Rules Restricting Rights Of Access. | Rights Freedoms | LexisNexis

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357. Procedural rules restricting rights of access.

Particular types of procedural rules which restrict the right of access to court will comprise a legitimate restriction on that right¹ provided they do not impair the essence of the right and pursue, and display a reasonable relationship of proportionality to, a legitimate aim². Such procedural restrictions have also been considered by the light of this test in the context of:

(5) Right To A Fair Hearing

307. The right to a fair hearing under the European Convention on Human Rights.

308. Right to a fair hearing under domestic law.

309. Right to a fair hearing in international law.

310. Right to a fair hearing a fundamental and absolute right.

311. Right of access to a court implicit in right to a fair hearing.

312. Right of access must be practical and effective.

313. Applicability to both civil and criminal proceedings.

314. Judicial review.

315. Dispute must involve domestic right or obligation.

316. Outcome of dispute must be decisive.

317. Meaning of 'civil character'.

318. Tests for inclusion and applicable principles.

319. Particular characteristics.

320. Traditional private law disputes.

321. Disputes involving the state acting in its public capacity.

322. Disputes involving the state acting in its public capacity that are of a civil character.

323. Disputes involving the state acting in its public capacity that are not of a civil character.

324. Meaning of 'criminal'.

325. The nature of the offence.

326. The nature and severity of the punishment liable to be incurred.

327. Types of conduct held to have been criminal in nature.

328. Proceedings and penalties characterised as outside the criminal sphere.

329. Meaning of 'charge'.

330. Proceedings must be determinative.

331. Constituent elements of the right to a fair hearing.

332. Balance to be struck between constituent elements.

333. Right to a public hearing.

334. Right to be present at an oral hearing.

335. Right to a public pronouncement of a judgment.

336. Justification for requirement of timeliness.

337. How a 'reasonable time' is calculated.

338. Reasonableness of delay.

339. Remedies for breach.

340. Tribunal which lacks independence and impartiality cannot guarantee a fair hearing.

341. Independence.

342. Impartiality.

343. Established by law.

344. Right to equality of arms.

345. Right not to incriminate oneself and to remain silent.

346. Right to fair use of evidence.

347. Right to a reasoned judgment.

348. Everyone charged with a criminal offence presumed innocent until proven guilty.

349. Presumptions adverse to the defendant.

350. Right to be informed of the nature and cause of the accusation.

351. Right of adequate time and facilities for the preparation of the defence.

352. Right to defend oneself in person, to obtain legal assistance of own choosing, and to legal aid.

353. Right to examine witnesses.

354. Right to free interpretation.

355. The Ashingdane.

356. Restriction on access to court of certain classes of individuals and bodies.

357. Procedural rules restricting rights of access.

358. Limitations in domestic substantive law.

359. Restrictions on the right to a public hearing.

360. Restrictions on the right to be present at an oral hearing.

361. Restrictions on the right to adduce oral evidence and cross-examine witnesses.

362. Funding of legal assistance.

363. Obligation to meet reasonable time requirements.

364. Obligation to ensure media access.