Article 6 7 principles of a fair trial Flashcards

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1
Q

Access to court what does it mean?

A

One party should not be at a disadvantage to another.

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1
Q

What happened in the case of Golder?

A

ECHR ruled violation as violated defendants access to courts by not allowing him a solicitor.

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2
Q

Restrictions for Access to Court

A

Must be Within 3 years for personal injury.
Financial restrictions can limit access.

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3
Q

Legal representation what rights are associated?

A

No absolute right to legal representation

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4
Q

What must the court decide with legal representation?

A

Court must decide whether its fair to leave the D unrepresented.

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5
Q

What could restrict access to a fair trial?

A

Failed interests
being unable to afford

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6
Q

What happened in the Bentham case?

A

D not eligible for legal representation. ART6 Violation

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7
Q

When may a defendant be removed from court?

A

If issues of national security are discussed.

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8
Q

What does the Judge have to decide if the defendant is absent?

A

If the trial continues but it has to be a fair trial.

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9
Q

What is it not seen as if the defendant is absent?

A

An admission of guilt.

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10
Q

What may someone argue if the defendant is absent?

A

The case should be postponed especially in civil.

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11
Q

What is the attendance rules for children?

A

Child should be able to understand proceedings but not be intimidated or distressed.

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12
Q

What happened in the case of T&V?

A

Violation to try child for serious crime however it still continues in court.

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13
Q

What does the court decide when looking at evidence?

A

If the rules are fair as different countries have different rules.

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14
Q

What evidence is not admissible?

A

Evidence obtained through entrapment
Evidence illegally obtained
Evidence obtained by tortue

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15
Q

What happened in the case of Stagg?

A

Police entrapment

16
Q

What happened in the case of ABU?

A

A6 Violation if enough evidence to prove tortue overseas.

17
Q

What are the rules regarding the disclosure of evidence?

A

No absolute right for P to disclose all available evidence.

18
Q

Why might a non disclosure be due?

A

Because of national security

19
Q

Where is principle of innocence laid out in?

A

Laid down in UK Law

20
Q

What did Woolmington define?

A

The right to silence and the right to not self incriminate.

21
Q

Why is presumption of innocence not an absolute right?

A

Judge and jury can draw adverse interference from it.

22
Q

Reasoned and final decision

A

Must have clear and final decision at the end of hearing.

23
Q

What do Judges need to do?

A

Does not need to include every reason for judgement but main issues which was taking into account.