Art 6: Right to a fair trial Flashcards
Woolmington v DPP (1935)
D shot and killed 17 year old wife accidentally. He was saying that he would kill himself if they didn’t get back together. The gun accidentally fired and killed her. During the case the burden of proof was placed on the defence which made for not a fair trial. (“Golden Thread” speech)
R v Incedal & Rarmoul-Bouhadjar (2014)
Public Hearing:
D had files involving national security and some details of the case had to be kept secret and some bits of the trial had to be done in secret.
Beggs v UK (2012)
Reasonable Time:
C was convicted murderer and rapist who was awarded 6,000 euros after his appeal took 10 years to reach the court of appeal.
R v Bow Street Magistrates, ex parte Pinochet Ugarte (2000)
Impartial Tribunal:
Trial of Chilean leader Pinochet had to be set aside as one of the House of Lords was a member of political group “Amnesty International”.
Golder v UK (1975)
Access To Court:
Prisoner who wanted to sue the prison was not allowed to see a solicitor. This was a violation of Art 6.
Steel & Morris v UK (2005)
Equality Of Arms:
Applicants were sued by McDonalds for defamation. Steel and Morris did not have equality of arms so took the case to ECtHR.
T & V v UK (2000)
Equality of Arms:
D’s were both 11 years old and had their case heard in the crown court. ECtHR said that it was a violation as it was not a fair trial.
Gafgen v Germany (2010)
Rules of Evidence:
German police used torture to gain evidence. ECtHR said u cant do that. Not nice.
Othman (Abu Qatada) v UK (2012)
Rules of Evidence:
Cannot send terrorists back to a country that condones torture and the death penalty.
Brown v Scott (2001)
Presumption of Innocence:
Drunk driver argued that she was compelled by the police to tell them that she was the one driving drunk. Claim failed as she also did a breathalyser.
