Article 6 Flashcards
McGonnell v UK
Even minor doubts as to impartiality of tribunal could constitute violation
R (Beeson) v Dorset CC
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
R v Stow
Court-Martial appeal court - prosecutor had ability to influence/mislead court and impacted upon promotion prospects
HM Advocate v JK
27 month delay between charge and trial for 14 year old boy was unreasonable
Alrey v Ireland
Claimant was married to alcoholic and sought separation - proceedings were complex and no legal aid - violation of requirement for access to courts/representation
R (Gudanaviciene) v Director of Legal Aid Casework
Former Lord Chancellor seemed to have set excessively high thresholds for legal support in non-criminal cases
Bank Mellat v HM Treasury
Article 6 only engaged where there is a determination of civil right or obligation - not met
Benham v UK
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
R (Wright and Others) v SoS Health
Presumption of innocent until proven guilty - breach of duty of fairness if they are blacklisted/fired before disputing the allegations
Murray v UK
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
Magee v UK
Interviewed in intensive manner with no lawyer present - felt coerced into giving information before being allowed legal representation
Brennan v UK
Police officer present during initial interview with solicitor - interfered with right to provide an effective defence
Condron v UK
Adverse inferences cannot be drawn from silence if there is a logical explanation for it
Saunders v UK
Prosecution cannot use evidence the defendant had been compelled to provide in an earlier civil case
R v A (CSH)
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
R v Horncastle
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
Al-Khawaja and Tahery v UK
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
Othman (Abu Qatada) v UK
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
