Sometimes it is difficult to prove the things that need proof. It is a relief therefore when the judge will âtake judicial noticeâ? of a fact. It means that proof is not required of that fact.
Section 4 of the European Convention on Human Rights Act 2003 reads:
4.âJudicial notice shall be taken of the Convention provisions and ofâ
(a) any declaration, decision, advisory opinion or judgment of the European Court of Human Rights established under the Convention on any question in respect of which that Court has jurisdiction,
(b) any decision or opinion of the European Commission of Human Rights so established on any question in respect of which it had jurisdiction,
(c) any decision of the Committee of Ministers established under the Statute of the Council of Europe on any question in respect of which it has jurisdiction,
and a court shall, when interpreting and applying the Convention provisions, take due account of the principles laid down by those declarations, decisions, advisory opinions, opinions and judgments.
Hmm. Is there a gap? How should one prove the ââ¦declaration, decision,â¦â? etc. of which the judge will take judicial notice? Where is the authoritative copy available? Are all copies authoritative?