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

Question 8

issues with article 6

Answer 8

• Justice Delayed: Denial of justice can occur due to delays, especially when suspects are in custody.

Special circumstances where lengthy trials may be justified, e.g., complex cases or issues with witness availability.

Selection of judiciary: Independence in judiciary appointments is crucial.
Closed Trials: Only permitted in cases with high risk to jurors (e.g., Twomey case).
Exclusion of press: Generally not absolute but can be invoked in cases involving minors or national security.