Article 6 (3 and 4) Flashcards
What is reasonable time?
Those on remand are a priority
Excessive delay can be remedied by compensation or lower sentence.
Reasonable time cases
Beggs
Robins
Milasi
Beggs
Appealed against conviction but it took 10 years to reach courts, violation of ART6 reasonable time.
Why is it a good idea to hear hearings as soon as possible?
Memory of witnesses
Evidence preserved
Public confidence in the system
Which case contributes to deciding which factors to consider with delays?
Konig
König criteria
Complexity
Applicant’s conduct
Conduct of state
What is a tribunal?
Any legal proceeding.
What exceptions are given for a tribunal?
Entry
stay
Deportion
What is looked at when deciding the issue of independence and impartiality?
How judges are appointed
Overall appearance of independence
Whether they are under pressure in decision making
Methods used by Uk to ensure impartiality
Separation of powers
Juries
Media restrictions
Separation of powers
Legislative
Judiciary
Executive
Legislative
Elected MP’s in parliament
Judiciary
Judges are independent and protected from dismissal
Executive
MP’s and parliament that make up Government and civil service
What Act helps juries?
CJA 2003
What does CJA 2003 say?
In cases of jury tampering a judge can decide the case.
CJA 2003 case
Twomney
What restrictions are placed on the media?
They are unable to publish details on a case before the trial.
media restrictions case
Jefferies
What will happen if there is evidence of prejudice or bias in a civil case?
Appeal
Internal complaint process
Damages awarded
What will happen if there is evidence of prejudice or bias in a criminal case?
Conviction may be quashed
Retrial ordered
What did Pinochet illustrate?
Because HOL judge failed to declare international membership the extradition of dictator was set aside.
Fair hearing what’s laid out?
Four fairness points given by ECTHR
Seven principles of fair trial.
