Article 6 A01 Flashcards
Limited right
the state cannot interfere with the right unless it is allowed under the right itself (Art 6(1)) or the state derogates
Woolmington v DPP
presumption of innocence acts as the ‘golden thread’ in criminal law
Burden of proof
Prosecution
What are the 5 minimum rights under Article 6(1)
Civil Rights
Criminal Charge
Public Hearing
Reasonable time
Independent and impartial
What is the right to a public hearing
Public - Except when 6(1) allows this right to be limited, e.g.
cases of national security,
mental health tribunals and
youth courts
How is ‘reasonable time’ measured (case)
It’s based on the complexity of the case. In Beggs v UK - 10 years to get an appeal was not reasonable
What does independent and impartial mean? (2 cases)
Evidence of jury tampering can be heard by a judge alone (s.44 CJA 2003) → as seen in R v Twomey and Others.
Also, a HL judge was not impartial in the extradition case of the Chilean dictator Pinochet as he supported Amnesty International
Access to court (case)
a full and accessible court structure of trial and appeal courts. Golder v UK → was not allowed to see a solicitor whilst he was in prison, so his access to court was restricted and violation of Article 6(1)
Equality of arms (case)
Steel and Morris v UK were sued by McDonalds for defamation but couldn’t get legal aid
Children (case)
Attendance in court and the right to participate - children may not understand and can’t participate → T and V v UK (11 year old killers of Jamie Bulger)
Legal representation (case)
lack of legal aid can be a violation of Article 6 - Bentham v UK
Article 6 (2)
Presumption of innocence
Article 6(3) sets out
5 minimum rights to any person charged with a criminal offence
Article 6(3)(a)
Informed promptly of the allegations in a language he understands
Article 6(3)(b)
Have adequate facilities to prepare a defence
Article 6(3)(c)
Legal assistance
Article 6(3)(d)
Chance to examine witnesses
Article 6(3)(e)
Free interpreter
