Article 6 (1 and 2)

Question 1

1215 what happened?

Answer 1

Magna Carta

Question 2

Magna Carta

Answer 2

Predates human rights as first time common people given rights.

Question 3

2005 what happened?

Answer 3

Constitutional reform act

Question 4

Constitutional reform act

Answer 4

Supreme Court created, guarantee judicial independence

Question 5

Woolmington

Answer 5

Confirms burden of proof.
Innocent until proven guilty

Question 6

Purpose of Article 6

Answer 6

Protect citizen against abuse of power by state or public authority

Question 7

What type of right?

Answer 7

Absolute

Question 8

What does Article6 being an absolute right mean?

Answer 8

Only right to public hearing is restricted.

Question 9

Scope of ART6

Answer 9

It covers civil and criminal cases.

Question 10

What does the right to a fair trial say?

Answer 10

Fair and public hearing
Reasonable time
Independent and Impartial tribunal

Question 11

What areas do civil rights involve?

Answer 11

Genuine
Directly affect civil right obligations

Question 12

What type of civil right does it have to be?

Answer 12

Must be private.

Question 13

E.g. of private civil rights

Answer 13

Employment
Property
Child custody

Question 14

How are criminal charge’s decided?

Answer 14

Using the Engel criteria

Question 15

Engel criteria

Answer 15

Legal classification of offence
Nature of offence
Degree or severity of possible sanction

Question 16

What are ASBO’s?

Answer 16

Court order to prevent someone behaving in a way that harms or annoys others.

Question 17

What is 6(2)?

Answer 17

Presumed innocent until proven guilty

Question 18

Presumed innocent until proven guilty case

Answer 18

Woolmington

Question 19

When was the Criminal justice public order Act created?

Answer 19

1994

Question 20

Criminal justice public order Act 1994 cases

Answer 20

Murray
Condron

Question 21

Murray

Answer 21

Right to silence however breach dismissed.

Question 22

Condron

Answer 22

Right to silence isn’t necessary for all cases.

Question 23

What is 6(3) ?

Answer 23

Minimum rights of a person charged with a criminal offence.

Question 24

When can the press and public be excluded from all or part of the trial?

Answer 24

To protect children or their privacy
Interests of justice

Question 25

B and P

Answer 25

Claimed private hearing a breach but ECTHR disagreed as it was a child.

Question 26

Interests of justice case

Answer 26

Venables

Question 27

Why is a public hearing important?

Answer 27

Protect individuals from secret decisions
Limit right to appeal

Question 28

What’s wrong with hidden trials?

Answer 28

Illusion of corruption and going against natural justice.

Question 29

How are Uk trials public?

Answer 29

Public can watch
Outcome pronounced publicly
Justice seen to be done when court open to public