Article 6 7 principles of a fair trial Flashcards
Access to court what does it mean?
One party should not be at a disadvantage to another.
What happened in the case of Golder?
ECHR ruled violation as violated defendants access to courts by not allowing him a solicitor.
Restrictions for Access to Court
Must be Within 3 years for personal injury.
Financial restrictions can limit access.
Legal representation what rights are associated?
No absolute right to legal representation
What must the court decide with legal representation?
Court must decide whether its fair to leave the D unrepresented.
What could restrict access to a fair trial?
Failed interests
being unable to afford
What happened in the Bentham case?
D not eligible for legal representation. ART6 Violation
When may a defendant be removed from court?
If issues of national security are discussed.
What does the Judge have to decide if the defendant is absent?
If the trial continues but it has to be a fair trial.
What is it not seen as if the defendant is absent?
An admission of guilt.
What may someone argue if the defendant is absent?
The case should be postponed especially in civil.
What is the attendance rules for children?
Child should be able to understand proceedings but not be intimidated or distressed.
What happened in the case of T&V?
Violation to try child for serious crime however it still continues in court.
What does the court decide when looking at evidence?
If the rules are fair as different countries have different rules.
What evidence is not admissible?
Evidence obtained through entrapment
Evidence illegally obtained
Evidence obtained by tortue
What happened in the case of Stagg?
Police entrapment
What happened in the case of ABU?
A6 Violation if enough evidence to prove tortue overseas.
What are the rules regarding the disclosure of evidence?
No absolute right for P to disclose all available evidence.
Why might a non disclosure be due?
Because of national security
Where is principle of innocence laid out in?
Laid down in UK Law
What did Woolmington define?
The right to silence and the right to not self incriminate.
Why is presumption of innocence not an absolute right?
Judge and jury can draw adverse interference from it.
Reasoned and final decision
Must have clear and final decision at the end of hearing.
What do Judges need to do?
Does not need to include every reason for judgement but main issues which was taking into account.
