Legal Method & Systems.
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Legal Method & Systems Non-Assessed Essay In this case, the facts are that on August 30th 2000, the defendant, L, was observed by a police officer throwing an object over a wall in Becklow Gardens, which later turned out to be a lock-knife. Lock knives are banned under s 139 of the Criminal Justice Act 1988. The appellant said, on police interview, that the knife was his, that he bought to show to his brother's friends and that he threw it over the wall. The Youth Court convicted the defendant under the Act, and the defendant argued that the defence required under s 139 of the Act was only compatible with Article 6 of the ECHR if it was construed as per section 3 of the Human Rights Act 1998 to impose only an evidential burden. The Youth Court held there to be a probative burden on the defendant, as set...


