After the horrors of World War II, the European Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) was drafted, mainly by British lawyers. This was done as a means of ensuring that there was no repetition of the atrocities which occurred during the war, and as a way of guaranteeing the citizens of Europe basic Human Rights and Freedoms. The objective of the Convention has been identified as the protection of individual Human Rights, and the maintenance and promotion of the ideals and values of a democratic society. These values are pluralism, tolerance and broadmindedness. The Convention seeks to achieve a fair balance between the demands of the general interests of the community and the protection of Human Rights. It was approved by the UK government in the 1950s and is now being incorporated into our law.

The Human Rights Act 1998 brings much of the European Convention on Human Rights into domestic (UK) law.The new legislation enables people to use the Convention in proceedings in the UK courts, rather than taking their case to the Court of Human Rights in Strasbourg. The provisions of the Convention will apply whichever type of court or session you are sitting in. You may be aware that much of our existing law already provides safeguards to people's Rights which are compatible with the Convention. The aim of the Convention was to provide basic Human Rights and freedoms. It should not be regarded as a 'villain's charter'; the Act will not provide defendants with spurious defences.

Through applying what has been called 'a new way of thinking' you will bring a different perspective to your role as a magistrate. In time, you will be as familiar with this 'new way' as you are with current practice.