Article 6 (1) Flashcards
Article 6(1)
Fair hearing, public hearing, within reasonable time, by independent and impartial tribunal established by law
Fair hearing requires
Can be waived if both agree to ADR, requires:
Access to court, legal representation, equality of arms, rules of evidence, attendance at court, final and reasoned judgement
Access to court
Court process and appeals exist, includes prisoners (golder)
restrict for time limits, vexatious litigants, immunity (judges, osman)
Legal representation
s.58 PACE, civil no automatic right to legal aid
Airey, exist for those on low income
Hammerton, risk of prison
Maguire, no right to specific person
Equality of arms
Steel and morris -McLibel, no legal aid
AG’s ref 82a of 2000, no right to lawyer of same experience
Disclosure of evidence here too
Rules of evidence
PACE s.78 evidence can be excluded if unfair
AG’s Ref 3 of 2001 police entrapment, mushtaq evidence from oppression
s.76 PACE confession evidence
All needs to be disclosed to defence (edwards and lewis)
National security, use special advocates AF v SoS home dept
Attendance at court
Judge has to ensure trial is fair as possible
Dont take absence as admission of guilt, Thompson and Venables
Final and reasoned judgement
Boldea - judgement must include reasons for decision, grounds for appeal
Public hearing
Justice is seen to be done, ensure public scrutiny (Malhouse v Czech)
Can be private for interest of national security (r v Incedal)
For protecting young offenders (B and P)
Special circumstances deemed necessary (Mental Health tribunals)
Within reasonable time
Justice delayed is justice denied
Especially criminal cases (stogmuller v austria)
Konig says deciding length of delay looks at complexity of case
Independent and impartial tribunal established by law
Constitutional reform act 2003
Any court in england included as all independent (Pinochets case)
Inludes trial by judge and jury, however jury removed in exceptional circumstances due to tampering (R v Twomey)
Criminal charges OR civil rights
Must be genuine and serious
Engel - look at national classification
