article 6

Question 1

general points of article 6

Answer 1

• applies to both civil and criminal cases
• right to fair trial includes
  1. access to court - with consideration of financial and systemic barriers

2. equality of arms - equal rights to evidence etc
3. fairness in judicial proceedings
4. public hearing - hearing should be accessible to the public unless exceptions apply
5. timely process- cases should be heard within reasonable timeframe

6- independent and impartial tribunals - must be established by law

Question 2

article 6 (1)

Answer 2

• both civil and criminal, civil having specific rights

conditions -
1. reasonable timeframe
2. public access (exceptions - juvenile cases etc)
3. independent tribunals (not biased)
4. final judgement - publicly pronounced
5. exception cases
- juvenile and private life issues
- public order and national security concerns

Question 3

article 6(1) cases

Answer 3

• t and v V UK - juvenline cases
• b and p V uk - private life and family
• olujsson V Sweden - right to participate in proceedings

Schluer v switzerland - cover cases related to discrimination

Question 4

article 6 (2) and (3)

Answer 4

• innocent until proven guilty
• right to silence
• burden of proof lies with the prosecution

Question 5

article 6(2)

Answer 5

• presumption of innocence
• burden of proof- prosectuonn must prove the case against defendant

Question 6

article 6(3)

Answer 6

• specific rights for criminal cases
• informed promptly of accusation detailed in a language the D understands
• adequate time to prepare defence
• right to legal rep
  -right to examine witnesses
• interpreter services

Question 7

article 6(3) cases

Answer 7

• Murray v UK- right to silence,
• S34-37 Criminal Justice and Public Order Act 1994:
  accused may have to answer specific questions , refusal can result in inferences but shouldn’t be automatically against D