Article 6 (AO2)

Question 1

What are the 6 sections of Article 6 AO2 application?

Answer 1

-Criminal Case
-Independent
-Public hearing
-Fair trial
-Article 6(3)
-Other issues (if applies)

Question 2

What do you need to remember to do?

Answer 2

A conclusion, it’s very important

Question 3

What do you apply for Criminal case?

Answer 3

Here the charge is of…
This means that the case will follow criminal proceedings
Article 6 must apply

Question 4

What do you apply for Independent?

Answer 4

Here the case is/isn’t heard by an independent tribunal because…

Question 5

What do you apply for public hearing?

Answer 5

-This case should/shouldn’t be heard in public because
-Here the case has/hasn’t been heard in a reasonable amount of time because…

Question 6

What do you apply for Fair trial?

Answer 6

-The presumption of innocence has/hasn’t been upheld because
-There is/isn’t an equality of arms because
-The D has/hasn’t had his right against self incrimination upheld because

Question 7

What do you apply for Article 6(3)?

Answer 7

-Informed of the accusation promptly?
-Given the time and facilities to prepare the defence?
-Given legal assistance?
-Given legal representation?
-Given the right to examine witnesses?

Question 8

What do you apply for other issues (if applies)?

Answer 8

-Has there been an oral hearing of evidence? has this been lawfully restricted?
-Does evidence need to be excluded due to oppression, hearsay or entrapment
-Did the court provide reasons for the decision?