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1 results

  • Reforming the Clergy Discipline Measure 2003 in Light of Parties’ Right to a Fair Trial
  • Raymond Baudon
  • Journal: Ecclesiastical Law Journal / Volume 22 / Issue 3 / September 2020
  • Published online by Cambridge University Press: 11 September 2020, pp. 328-342
  • Print publication: September 2020
  • View abstract

    When it was being introduced, there was a concern that the Clergy Discipline Measure 2003 would be a ‘complainant's charter’. While there was a marked increase in complaints after it came into force, this article argues that this concern was on the whole unfounded and as a result complainants have benefited. However, the Measure has had a damaging effect on respondents to the extent that reforming or replacing it is inevitable. It is argued that the current regime is potentially unfair in terms of common law and ECHR requirements to a fair trial. Therefore, any reform or replacement of the current regime must both be legally fair and also address its negative pastoral impact on respondents.