Discussion Paper on Human Rights and Legal Issues

Date published: 13 February 2019

Discussion paper setting out some of the legal and human rights issues to be considered when exploring how to maximise disclosure and ensure openness and transparency around the implication of any investigation or judicial process.


Some of the issues include:

  • Criminal investigations in cases of manslaughter, including involuntary, gross negligence, medical, and corporate manslaughter
  • The rules of ‘sub-judice’
  • The precedence of criminal investigations over public & regulatory enquiries
  • Rights of an individual accused of a crime, including self-incrimination
  • Article 6 of the European Convention on Human Rights: the right to a fair trial

The paper also sets out, in a timeline, incidences of candour and legal issues as they arose and as detailed in the report

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