Article 6 (1 and 2) Flashcards
1215 what happened?
Magna Carta
Magna Carta
Predates human rights as first time common people given rights.
2005 what happened?
Constitutional reform act
Constitutional reform act
Supreme Court created, guarantee judicial independence
Woolmington
Confirms burden of proof.
Innocent until proven guilty
Purpose of Article 6
Protect citizen against abuse of power by state or public authority
What type of right?
Absolute
What does Article6 being an absolute right mean?
Only right to public hearing is restricted.
Scope of ART6
It covers civil and criminal cases.
What does the right to a fair trial say?
Fair and public hearing
Reasonable time
Independent and Impartial tribunal
What areas do civil rights involve?
Genuine
Directly affect civil right obligations
What type of civil right does it have to be?
Must be private.
E.g. of private civil rights
Employment
Property
Child custody
How are criminal charge’s decided?
Using the Engel criteria
Engel criteria
Legal classification of offence
Nature of offence
Degree or severity of possible sanction
What are ASBO’s?
Court order to prevent someone behaving in a way that harms or annoys others.
What is 6(2)?
Presumed innocent until proven guilty
Presumed innocent until proven guilty case
Woolmington
When was the Criminal justice public order Act created?
1994
Criminal justice public order Act 1994 cases
Murray
Condron
Murray
Right to silence however breach dismissed.
Condron
Right to silence isn’t necessary for all cases.
What is 6(3) ?
Minimum rights of a person charged with a criminal offence.
When can the press and public be excluded from all or part of the trial?
To protect children or their privacy
Interests of justice
B and P
Claimed private hearing a breach but ECTHR disagreed as it was a child.
Interests of justice case
Venables
Why is a public hearing important?
Protect individuals from secret decisions
Limit right to appeal
What’s wrong with hidden trials?
Illusion of corruption and going against natural justice.
How are Uk trials public?
Public can watch
Outcome pronounced publicly
Justice seen to be done when court open to public
What is a minimum right of a person charged with a criminal offence?
must have adequate time and facilities to prepare.
