Article 6 (3 and 4)

Question 1

What is reasonable time?

Answer 1

Those on remand are a priority
Excessive delay can be remedied by compensation or lower sentence.

Question 2

Reasonable time cases

Answer 2

Beggs
Robins
Milasi

Question 3

Beggs

Answer 3

Appealed against conviction but it took 10 years to reach courts, violation of ART6 reasonable time.

Question 4

Why is it a good idea to hear hearings as soon as possible?

Answer 4

Memory of witnesses
Evidence preserved
Public confidence in the system

Question 5

Which case contributes to deciding which factors to consider with delays?

Answer 5

Konig

Question 6

König criteria

Answer 6

Complexity
Applicant’s conduct
Conduct of state

Question 7

What is a tribunal?

Answer 7

Any legal proceeding.

Question 8

What exceptions are given for a tribunal?

Answer 8

Entry
stay
Deportion

Question 9

What is looked at when deciding the issue of independence and impartiality?

Answer 9

How judges are appointed
Overall appearance of independence
Whether they are under pressure in decision making

Question 10

Methods used by Uk to ensure impartiality

Answer 10

Separation of powers
Juries
Media restrictions

Question 11

Separation of powers

Answer 11

Legislative
Judiciary
Executive

Question 12

Legislative

Answer 12

Elected MP’s in parliament

Question 13

Judiciary

Answer 13

Judges are independent and protected from dismissal

Question 14

Executive

Answer 14

MP’s and parliament that make up Government and civil service

Question 15

What Act helps juries?

Answer 15

CJA 2003

Question 16

What does CJA 2003 say?

Answer 16

In cases of jury tampering a judge can decide the case.

Question 17

CJA 2003 case

Answer 17

Twomney

Question 18

What restrictions are placed on the media?

Answer 18

They are unable to publish details on a case before the trial.

Question 19

media restrictions case

Answer 19

Jefferies

Question 20

What will happen if there is evidence of prejudice or bias in a civil case?

Answer 20

Appeal
Internal complaint process
Damages awarded

Question 21

What will happen if there is evidence of prejudice or bias in a criminal case?

Answer 21

Conviction may be quashed
Retrial ordered

Question 22

What did Pinochet illustrate?

Answer 22

Because HOL judge failed to declare international membership the extradition of dictator was set aside.

Question 23

Fair hearing what’s laid out?

Answer 23

Four fairness points given by ECTHR
Seven principles of fair trial.