Article 6 A03

Question 1

What are the four WDPs for Article 6?

Answer 1

-public trial
-independent and impartial
-equality of arms
-child defendants

Question 2

+P1: public trial =

Answer 2

=ensured fairness, lack of corruption

Question 3

DP1: creates transparency +

Answer 3

open system of justice, accessible, public confidence

Question 4

-WDP1: no publicity breaches Art 10 -

Answer 4

however justified in national security cases - R v Incedal

Question 5

+P2: Judicial independence -

Answer 5

upholds SoP, bias can be challenged = quashed or retrial - protects dfs

Question 6

+DP2: Judicial independence

Answer 6

Jury equity Bushell’s case

Question 7

-WDP2: Most EU countries don’t have juries

Answer 7

• can be revoked R v Twomey = unfair

Question 8

+P3: Fair ensures equality

Answer 8

between parties - protects them

Question 9

-DP3: Allusion of access to justice =

Answer 9

restricted by finances - Steel v Morris

Question 10

-WDP3: Inequality of bargaining power =

Answer 10

problematic, unfair advantage

Question 11

+P4: Fair children dealt with in youth courts

Answer 11

accommodating, focus on rehabilitation

Question 12

-DP4: Murder = adult court,

Answer 12

T and V v UK - problematic lack of understanding to participate effectively

Question 13

-WDP4: public nature of adult courts

Answer 13

fails to protect identities = media and public pressure - formal and adversarial