Article 6 (AO1) Flashcards
What does Article 6 AO1 split into? (5 parts)
-Article 6 (Intro)
-Article 6: Key Provisions
-A fair trial
-Article 6(3)
-Article 6(3) right to challenge/cross examine witnesses
What would you write for Article 6 intro? (3 points 1 case)
-Article 6(1) of the EU convention of HR states that every citizen has the right to a fair trial.
-Article was originally introduced in the Magna Carta and the Bill of Rights
-Article 6 is a limited right, all citizens have the right to a fair trial but the elements of the fair trial can be restricted in certain circumstances
(Brown v Stott - When restricting right to fair trial, must balance interests of public against individual)
What does Article 6: Key Provisions split into?
-Independent and impartial tribunal
-A public hearing within a reasonable time
What do you write for independent and impartial tribunal? (3 point 1 case)
-Article 6 states all cases need to be heard in front of an independent impartial tribunal, to avoid prejudice and ensure fairness, else it will breach Article 6
-The case judge must be impartial from both political pressure and the parties, as stated in (Pinochet)
-In serious criminal cases the D must have a judge and jury trial, but the Criminal Justice Act 2003 allows this right to be restricted in cases of Jury Tampering
(R v Twomey - The trial was a judge only trial as there is a serious risk of Jury tampering)
What do you write for a public hearing within reasonable time? ( 2 point 2 case)
-Under Article 6 the tribunal should be held in public, the D should be heard in open court. But this right is not absolute, and can be restricted in cases involving children or national security
(Thompson and Venables v UK - The ECtHR found that the trial breached article 6, as children in open courts is a breach of Article 6)
-Cases must be heard in reasonable amount of time, a failure to hold a trial within reasonable time is not a breach of Article 6 alone.
(Beggs v Uk - C was given 6 thousand euros as compensation as it took 10 years for court to hear appeal)
What does the fair trial split into?
-Presumption of innocence
-Equality of arms
-Self-Incrimination
-The rules of evidence
-Access to court
What would you write for presumption of innocence?( 1 point 1 case)
-Article 6(2) states: “everyone charged with a criminal offence shall be presumed innocent until proven guilty”
(DPP v Woolmington - The courts stated that the prosecution must be proven guilty beyond all reasonable doubt)
What would you write for equality of arms? (2 point 2 case)
-Both parties involved must have access to legal advice. However, as long as both parties have access it doesn’t matter whether the legal advice is of the same quality, as stated in…
(AG Ref (No.82a of 2000)
-If the case involves a large company and one individuals the courts may decide it is an inequality of arms as stated in (Steel and Morris v UK)
What would you write for Self-Incrimination? (1 point 1 case)
-D can not be compelled to give evidence that may incriminate them, the D also has the right to silence, however if they are to do so they must be warned that it may be used at trial to imply the D is guilty.
(Murray v UK - Using a silent interview as incriminating evidence at trial does not breach article 6, however the police must make sure that safeguards and cautions are used)
What would you write for Rules of evidence? (2 point 1 case)
-Court has power to exclude evidence they think will have an adverse effect on fairness of case, that includes evidence gained through: Oppression, torture, entrapment and hearsay.
-Evidence gained through these means is inadmissible, as stated in (AG Ref (No.3 of 2000)
What would you write for access to court?
-Everyone has right to attend court for hearing, but is an implied right not absolute.
-Appeal time limits for case decided in Magistrates court: must apply for leave to appeal within 21 days of sentence hearing. This is 28 days for cases heard in Crown Court.
What would you write for Article 6(3)?
Article 6(3) states that everyone has the following minimum rights:
1. To be informed properly of the charge
2. To have adequate time to prepare their defence (prosecution must disclose all evidence except national security)
3. To legal assistance
4. To examine witnesses
5. To an interpreter
(Benham v UK - EctHR decided there had been a breach of Article 6 as D was not given access to solicitor under legal aid scheme)
What would you write for Article 6(3) challenge to cross examine witnesses?
-Under Article 6(3) D - “everyone has the right to challenge and cross examine witnesses”
Witness protection measures that don’t breach article 6 are:
-Protective screens
-Video link evidence
-Closed court evidence
-Anonymous Witnesses
(R v Davis - HofL decided that the Ds rights to cross examine the witness had been severely compromised by special witness protection measures, these breached Article 6)
