Article 6 and 7 Flashcards
What are the provisions of Article 6?
(1) right to fair and public hearing
(2) presumption of innocence
(3) rights for those charged with offence (including access to legal representation)
What is a key feature of the scope of Article 6(1)?
Effective access to the court
What must a fair and public hearing be under article 6(1)?
- within reasonable time
- independent and impartial
Can article 6 apply to preliminary investigations?
Yes if suspect is eventually charged
Why was there a breach of article 6 in Murray (John) v UK?
Denied access to lawyer at initial stages of interrogation and so gave no comment unaware of adverse inferences
How are concerns about the right to silence dealt with?
Adverse inference for failure to mention fact/evidence which they later rely on in defence
When can self incrimination not be used in the courts?
Obtained through coercion/oppression
How are concerns about closed evidence procedures being compatible with article 6 dealt with?
Special advocates
Does article 6 apply extra territorially?
May prohibit extradition where they suffer risk of denial of right to fair trial
What is the rule under Article 7?
- cant be convicted for act that is not a crime
- cant have more serious punishment than available
- laws must be clearly defined
What is the guilty concept under article 7?
article 7 only applies when person is guilty of an offence
How does the court determine what is a criminal offence under article7?
- Classification in domestic law
- Nature of the offence
- Degree of severity of penalty
How may a state escape liability under article 7?
At time offence committed, was recognised by state’s law/international law (and complied with ‘prescribed by law’ rules)
What does the retroactivity rule under article 7 not apply to?
Procedural law
