article 6 Flashcards
what is this article for
Right to a Fair Trial
what does article 6 (1) say
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law (court) .
what does article 6(2) say
Everyone is presumed innocent until proven guilty
what does article 6(3) say
Everyone is entitled to a certain minimum rights once charged with an offence
what are examples of acts that provide for this
PACE 1884
Sentencing Act 2020
what did the courts decide about this
ECtHR decided that this right should be interpreted widely as it is so important and prominent that there can be no justification for strict interpretation
whats a case to back this
Perez v France (2004)
what are the 5 parts of article 6(1)
1) fair hearing
2) public hearing
3) within reasonable time
4) by an independent and impartial tribunal
5) cases of criminal charges or civil rights/ obligations
what does a ‘fair hearing’ need to consider (6 things)
A. access to court
B. legal representation
C. equality of arms (lawyers and evidence needs to be fair to each party)
D. rules of evidence
E. Attendance at court
F. final and reasoned judgement
access to court meaning
requires the state to provide that a judicial process is fair and public.
Also extends to the appeals process although does not give blanker rights to appeal without legal reason.
also applies to prisoners
also applies to prisoners case
Golder v UK (1975)
when can there be restrictions
State can put a time limit on it (e.g personal injury claim have a time limit of 3 years, 6 years for tort and contract)
whats the fancy shite word for this (u got dis von queenie pops pie x)
vexatious litigants
what does this mean
A vexatious litigant is someone who files multiple lawsuits against another person with the intent to harass, annoy, or cause legal expenses
Courts can restrict vexatious litigants who regularly issue claims and only allow a claim with permission of the court
what case tells us people cant have a blanket of immunity
Hill v Chief Constable of West Yorkshire 1989
what does ‘legal representation’ state
The UK does not have an automatic right to legal representation or financial aid, but court must consider how fair it is to leave D unrepresented
whats the case for this
Airey v Ireland (1979)
(woman seeking separation from husband was refused legal aid)
what case tells us this does not give a defendant a right to a specific person to represent them at public expense
R v Maguire (2018)
what 2 tests does D have to past to get legal rep
means test
interests of justice test
what does this mean for those on higher incomes
often wont get help
equality of arms meaning
both sides have the opportunity to put their case forward without being at a disadvantage to the other party
case for dis von
Steel and Morris v UK (2005) - McLibel
what case tells us it doesnt need to be given by someone at the same level of experience for both parties
AG’s Ref (No.82a of 2000) (2001)
whats another important aspect to do with evidence
in order to have equality of arms, both parties need to know the sane information
This means that any evidence needs to be disclosed by the prosecution to the defense
This links equality of arms to the rule of evidence
what are exceptions to do with evidence though
National security
Public interest
rules of evidence meaning
States can determine their own rules of evidence (e.g. when evidence cannot be used and how it is collected) BUT the ECtHR sets down some parameters.
whats the case for this
Gafgen v Germany (2010)
what case tells us the prosecution in criminal trials must disclose all evidence on both sides to the defense, even if they don’t intend to rely on it
Edwards and Lewis v UK (2004)
what are the exceptions
terrorism cases - D will not know the full case against them
what may they have
Special Advocate (barrister) will work with the Defendant and the Defendant’s lawyers
whats a case example of this
AF v Secretary of State for Home Dept (2009)
attendance of court meaning
Each party has the right to attend court and to participate, although this can be waived (e.g. ADR).
if the defendant is absent from the hearing what happens (4)
Ensure a fair trial still happens, as far as possible
See their absence as an admission of guilt
Always continue the case regardless
Launch an investigation into their absence
what must the judge do
The judge must ensure a fair trial as far as is possible
Judge should not see absence as an admission of guilt
Judge should also seek to adjourn the case (especially in civil law)
case example of this
Thomson and Venables v UK (1999)
final and reasonable judgement
It can form the basis of an appeal
The judge talks quickly and it allows the parties to understand better
It is needed as a basis for the precedent that is set in the case
It is needed for media reports
whats a case example of this
Boldea v Romania (2007)
what did this case say
All domestic courts must address all essential issues of a case when pronouncing decisions
This is important in terms of judicial precedent as well as identifying grounds for appeal
2) what does a public hearing imply (dont deep it gng xx)
Implies all hearings should be open to public and the press
what case can we use to back this
Malhouse v Czech Republic (2001)
what are the situations where a hearing may not be public
Interest of morals, public order or national security
Protecting juveniles or private lives of parties
Or in special circumstances deemed necessary by the court where publicity would prejudice the interests of justice
Interest of morals, public order or national security
case
R v Incedal – trial relating to terrorism held in secret
Protecting juveniles or private lives of parties case
B and P v UK (2001)
In special circumstances deemed necessary by the court where publicity would prejudice the interests of justice case
B and P v UK (2001)
3) within a reasonable time meaning
Protects parties against excessive delays – as justice delayed is justice denied.
This is especially important for criminals cases as a person should not be left uncertain about their fate for too long
whats the case to back this
(Stogmuller v Austria (1969)
what can a delay in a hearing lead to
Any delay in a hearing can be dealt with by giving a lower sentence or higher compensatio
4) By an Independent and Impartial Tribunal Established by Law meaning
Litch just a court and the independent part just means not connected to the gov so good separation of powers
what does failure to ensure this lead to in civil and criminal cases
compensation in civil cases and convictions being quashed in criminal cases
what’s an act for this
Constitutional Reform Act 2005, s.3(1)
whats the case for this
Pinochet’s Case (2000)
5. Cases of Criminal Charges or Civil Rights and Obligations- what may these cases involve
Anything involving financial interests (property, personal injury etc)
Child custody cases
Solictor Disaplinary Tribunal decisions about rights to continue to practice law
