A proper and principled concern for fairness

摘要

There is a danger of equating a proper and principled concern for fairness with"professional self-protectionism"(PJ,16 September,p324).The issue of standard of proof is not straightforward and it is helpful to look at the decisions of the UK's most senior judges,including the law lords sitting as the Judicial Committee of the Privy Council.In the case of Campbell versus Hamlet [2005] UKPC 19,which concerned a finding of misconduct by an attorney,Lord Brown of Eaton-under-Heywood stated that their lordships entertained no doubt that the criminal standard was the correct standard to apply to such proceedings.