34.2 Article 6: Right to a fair trial

Question 1

What type of right is Article 6?

Answer 1

Absolute right

Question 2

What are the 3 elements of Article 6?
A6(1)-A6(3)

Answer 2

Article 6(1)- access to a court
Article 6(2)- the right to silence
Article 6(3)- the rights of the defence

Question 3

The 3 key parts to Article 6(1)?

Answer 3

1. Delays
2. Independent and impartial tribunal
3. Equality of arms

Question 4

Delays} Article 6(1)

Answer 4

“Justice Delayed is justice denied”- H.O.C 1868
When delays do occur (Konig v FRG) set out factors to consider:
. complexity of case
. applicant’s conduct
. conduct of the state

Question 5

Independent and impartial tribunal} Article 6(1)
what do the ECtHR do?

Answer 5

The ECtHR look at:
. how judges are appointed
. for what time period
. whether they are under pressure during decision making
. the overall ‘appearance of independence’

Question 6

Equality of Arms} Article 6(1)

Answer 6

A6(1) gives people the right to legal aid to make cases fair
(Steel and Morris v UK)
. disclosure is a key part of EOA,
. Burden of proof on the state (DPP v Woolmington)

Question 7

Cases for equality of arms} A6(1)

Answer 7

(Steel and Morris v UK)
F: sued by macdonalds with no access to legal aid
H: breach of A6 as trial was biased
(DPP v Woolmington)
burden of proof on state

Question 8

Article 6(2) The right to silence 2 elements

Answer 8

1. The accused should not be compelled to answer based on punishment, the answers are used to convict
2. The court cannot draw adverse inferences from lack of answers
   - not an absolute right (Murray v UK)

Question 9

Second element of right to silence A6(2)

Answer 9

The right to have no adverse inferences drawn byb no answers is not absolute.
(Murray v UK)
when the facts ‘care for explanation’ adverse inferences can be drawn.

Question 10

Article 6(3)(a)-(d)
4 rights of the defence

Answer 10

A(6)(3)(a):
- right to be informed of accusation in language they understand
A(6)(3)(b)
- given adequate time and facilities to prepare defence
A(6)(3)(c)
- right to defend oneself in person with given access to legal services if needed.
(Sejdovic v Italy) “cannot talk about fair trial without right to attend)
A6(3)(d)
- right to examined and have examined witnesses