Article 6

Question 1

She said that was driving under the influence, after conviction stated compulsion to answer amounted to self incrimination
Privy council the right to self incrimination is not an absolute right

Answer 1

Brown v Scott

Question 2

Police failed to act about a teacher harassing a pupil, teacher shot pupil dad dep head and son
In bringing an action for negligence police tried to rely on decision of hill v West Yorkshire
Breach

Answer 2

Osman v uk

Question 3

Lord Hoffman failed to mention his link to amnesty international had to have another hearing

Answer 3

The Pinochet case

Question 4

Equality of arms does not mean D entitled to QC because P has one

Answer 4

AG REF (82a of 2000)

Question 5

D on low salaries no legal aid McDonald’s had best barista inequity of arms
Breach

Answer 5

Steel and Morris v uk

Question 6

Under article 6(1) accused must enjoy the right to understand and play an active role in the defence

Answer 6

T and V v uk

Question 7

6(2) states burden is on prosecutors to prove D guilty beyond reasonable doubt

Answer 7

DPP v woollminton

Question 8

Self incrimination not an absolute right could be limited for safety on the roads

Answer 8

Brown v Scott

Question 9

confession gained by oppression should be disregarded as is a breech

Answer 9

S76 pace

Question 10

Person sent to prison for contempt of court was entitled to legal representation
Violation

Answer 10

Hammerton v uk

Question 11

Imprisoned by magistrates for no tax payment no legal aid

Violation

Answer 11

Benham v uk

Question 12

Person subject to a control order must be given information about allegations to instruct a lawyer

Answer 12

Secretary of State for the home department v AF

Question 13

Lay member at employment tribunal had drunk and fallen asleep

Answer 13

Sainsbury v database

Question 14

No breech of 6 for practice of holding residence order hearings in private

Answer 14

B&P v uk

Question 15

Judge can exclude evidence wrongly obtained including that gained through entrapment

Answer 15

S78 pace

Question 16

D induced by police under cover to procure heroine

Answer 16

AG ref (3 of 2000)

Question 17

B successfully bought action against the state, state mounted appeal and won

Answer 17

Brumarescu v Romania

Question 18

Judge only trials if risk of jury tampering

Answer 18

R v twomey

Question 19

They were terrorists no violation protecting public interest

Answer 19

Ibrahim v uk

Question 20

Questioned gave statement subsequently arrested later and told of legal rights

Rights breech

Answer 20

Aburahman v uk

Question 21

7 witness gave false names distorted voice using screen

Combo of measures hampered the defence unfair prevented cross examination

Answer 21

R v Davies

Question 22

Radicle Islamic cleric to be deported but risk of torture to gain evidence was a breech eventually deported with 2 country agreement

Answer 22

Othman( Abu Qatada) v uk