artical 6

Question 1

whats article 6 under A6(1)

Answer 1

under A6(1) everyone is entitled to a fair and public hearing, with a reasonable time by an independent and impartial tribunal

Question 2

whaat does A6 work to do

Answer 2

or protect citizen from abuse by the state and achieve a fair process any conviction deemed to be unsafe shall be squashed

Question 3

perez v France

Answer 3

Article 6 has a predominant place in society

Question 4

9 elements of A6(1)

Answer 4

-Access to court
-legal representation
-equality of arms
-attendance at court
-rules of evidence
-public hearing
-jury trials
-reasonable time
-impartial+ independent court

Question 5

golder v uk

Answer 5

access to court, the right to take a case to court however there are limits on this (time limits civil cases)

Question 6

airey v ireland

Answer 6

legal rep where it is “indispensable for effective access to court” and many cannot present their case effectively without legal assistance

Question 7

what does equity of arms state with case

Answer 7

each party should have equal opportunity to present their case, but that does not mean that each party should have equal representation

steel v morris

Question 8

What is the rule regarding children, equality of arms and what is the case?

Answer 8

regarding children, there are special procedures to ensure that they can participate, which is altering the layout of the court room and removal of wigs and gowns,
Thompson and Venables v UK

Question 9

attendance at Court rules

Answer 9

The expectation is that all part should be in court, which is particularly the case in criminal cases is present then the party should be able to participate in understand proceedings. However, the defendant can waive this right if they do not wish to attend

lucy letby

Question 10

What are the rules of evidence?

Answer 10

The prosecution should disclose all evidence regardless of whether they plan relying on it

Question 11

s.76 pace

Answer 11

However, if the evidence is unfairly obtained may be excluded from the trial

Question 12

Rules on public hearing

Answer 12

though this has limitations as the press and public can be restricted in limited circumstances, such as in the interest in national security on interest of a young person however, that is a test if necessity and the restriction of the person or public must be proportionate

Question 13

R v Incedal

Answer 13

Judgement shall be pronounced publicly, but the pressing public can be excluded from this limited circumstances

Question 14

is there a right to a jury article 61?

Answer 14

There is no right to jury under article 61 it is expected that all defendant accused of trial, either way. In doubt offences will be offered a trial by jury.

Question 15

Criminal justice act, 2003

Answer 15

A trial can be judged, only if there is a serious risk of jury nobbling or where nobbling has taken place
twomey

Question 16

A defendant is entitled to be tried within a reasonable time however

Answer 16

There is no definitive ruling on what constitute as a reasonable time

Question 17

Stogmuller v Austria

Answer 17

justice, delayed is justice, denied

Question 18

The defendant has the right to have their cater by an independent and impartial court. What must the court be independent from?

Answer 18

The court must be independent from the executive and independent from the parties, pinoche case, and this includes juries Armstrong v UK.

Question 19

What does article 62 state?

Answer 19

everyone chargesd w a criminal offence shall be innocent until proven guilty

right to silence
Adverse interference 

Question 20

saunders

Answer 20

The right not to incriminate oneself, which is at the heart of article 6

Question 21

When may the applicant be required to incriminate themselves?

Answer 21

in situations required by law, for example, road traffic act, 1988

Question 22

How else is the right silence protected. case

Answer 22

The fitting the car from drawing interferences of guilt, from the fact that an accused person chooses to remain silent, has been determined that silence cannot be used as the main basis for suspects conviction

murray v UK

Question 23

PADIE

Answer 23

Promptly adequate time, defend interpreter, examine

Question 24

What is set out in article 63

Answer 24

The minimum rights for those charged with a criminal offence

Question 25

Benham v uk

Answer 25

To be given it for free when the interest of justice so require

Question 26

Cuscani v uk

Answer 26

Have the free assistance of an interpreter if he cannot understand or speak the language used in court