54. Our attention was invited to three decisions of the European Commission and one decision of the European Court from which we derive only limited assistance.

55. In X v Austria [1963] 1476/62 the Commission, at page 43, pointed out that Article 6(1) of the European Convention on Human Rights guarantees a fair hearing to every person who is charged with a criminal offence, and particularly where laymen participate as jurors the guarantee may be seriously impaired by a virulent press campaign against the accused which so influenced public opinion and thereby the jurors that the hearing can no longer be considered a fair hearing within the meaning of Article 6. But the Commission went on to say that in the instant case there was no evidence that the publicity had that desired effect.

56. In X v Norway [1970] 35CD37 the Commission found again no evidence that the jurors or the judges were influenced by the publicity complained of when reaching their decisions more than a year later, or that the applicant was prejudiced by the publicity during the extensive examination of his appeals by the Supreme Court, which sits without a jury. English law is more favourable to a defendant in that it does not require such evidence.

57. In Berns and Ewert v Luxembourg [1991] 13251/89 the Commission, whilst accepting that an atmosphere of agitation or a virulent press campaign could be prejudicial to the fairness of a trial, emphasised the need to examine criminal proceedings as a whole after the proceedings have been concluded, which, in the context of the present case, would mean after the re-trial, and any appeal arising therefrom.

58. Allenet de Ribemont v France [1995] 20 EHRR 557 was a decision of the European Court, but it was not in any way related to the issues with which we are concerned.