Article 6

Question 1

McGonnell v UK

Answer 1

Even minor doubts as to impartiality of tribunal could constitute violation

Question 2

R (Beeson) v Dorset CC

Answer 2

Administrative panel that is not wholly independent might not necessarily violate Article 6 if it is still able to arrive at a fair and reasonable recommednation

Question 3

R v Stow

Answer 3

Court-Martial appeal court - prosecutor had ability to influence/mislead court and impacted upon promotion prospects

Question 4

HM Advocate v JK

Answer 4

27 month delay between charge and trial for 14 year old boy was unreasonable

Question 5

Alrey v Ireland

Answer 5

Claimant was married to alcoholic and sought separation - proceedings were complex and no legal aid - violation of requirement for access to courts/representation

Question 6

R (Gudanaviciene) v Director of Legal Aid Casework

Answer 6

Former Lord Chancellor seemed to have set excessively high thresholds for legal support in non-criminal cases

Question 7

Bank Mellat v HM Treasury

Answer 7

Article 6 only engaged where there is a determination of civil right or obligation - not met

Question 8

Benham v UK

Answer 8

In deciding whether free legal aid should have been provided, the ECtHR look to severity of penalty at stake and complexity of case
In cases involving deprivation of liberty - must have legal representation

Question 9

R (Wright and Others) v SoS Health

Answer 9

Presumption of innocent until proven guilty - breach of duty of fairness if they are blacklisted/fired before disputing the allegations

Question 10

Murray v UK

Answer 10

Questioned for 48 hours without access to lawyer - considered to have prejudiced subsequent legal proceedings
No equality of arms between accused and prosecution
Police would have to show good cause for postponing access to legal advice

Question 11

Magee v UK

Answer 11

Interviewed in intensive manner with no lawyer present - felt coerced into giving information before being allowed legal representation

Question 12

Brennan v UK

Answer 12

Police officer present during initial interview with solicitor - interfered with right to provide an effective defence

Question 13

Condron v UK

Answer 13

Adverse inferences cannot be drawn from silence if there is a logical explanation for it

Question 14

Saunders v UK

Answer 14

Prosecution cannot use evidence the defendant had been compelled to provide in an earlier civil case

Question 15

R v A (CSH)

Answer 15

Accused has the right to cross-examine their accusers and witnesses - held to be so relevant to the issue that the lack of inclusion of evidence would undermine the fairness of the trial

Question 16

R v Horncastle

Answer 16

Convictions on the basis of witness evidence who did not appear in court are safe, as there are sufficient safeguards in English law if there are good reasons for their non-presence

Question 17

Al-Khawaja and Tahery v UK

Answer 17

Decision solely or decisively based on statement of absent witness is considered to be incompatible with requirement for fairness, but does not automatically result in breach if accompanied by other strong safeguards

Question 18

Othman (Abu Qatada) v UK

Answer 18

International dimension of Article 6 (positive obligation) - would be violated if deported back to Jordan where risk that evidence obtained through torture would be used against him in trial