Article 6 - Case List

Question 1

Woolmington v DPP: Facts

Answer 1

D was made to prove that he didn’t mean to kill his wife when she left him days after their wedding.

HOL quashed his conviction and held prosecution had burden of proof

Question 2

Woolmington v DPP: Decision

Answer 2

Protects the presumption of innocence

Puts the burden of proof on the prosecution

Question 3

McCann v UK: Decision

Answer 3

ECtHR held ASBO’s were a civil matter

Question 4

Beggs v UK: Facts

Answer 4

C was a convicted murderer a rapist

He was awared €6,000 for a violation of Article 6 when his appeal took over 10 years to reach the Scottish appeal courts

Question 5

Beggs v UK: Decision

Answer 5

Criminal and civil cases should be heard within a reasonable time. What’s considered ‘reasonable’ will depend on case complexity

Question 6

Bryan v UK: Facts

Answer 6

The planning laws were considered to lack independence as the executive could revoke the ability of planning inspectors to hold appeals

But there was no violation of Art 6 because the applicant could apply for judicial review

Question 7

Bryan v UK: Decision

Answer 7

The decision makers in the court must be impartial from political pressure and the parties themselves

If there’s evidence of judicial bias/prejudice in a civil case = damages

Question 8

R v Bow Street Magistrates, ex parte Pinochet Ugarte: Facts

Answer 8

Came before HOL on the question of whether the former Chilean dictator Augusto Pinochet could claim state immunity from torture allegations made by a Spanish court and therefore evade extradition to Spain

Original decision was ignored, as one of the judges failed to declare his links to Amnesty International before/during the hearing

Question 9

R v Bow Street Magistrates, ex parte Pinochet Ugarte: Decision

Answer 9

The decision makers in the court must be impartial from political pressure and the parties themselves

If a criminal case is found to be bias, the conviction will be quashed or a re-trial ordered

Violation of Art 6 as one of the judges wasn’t impartial - Lord Hoffman

Question 10

R v Twomey: Facts

Answer 10

Armed robbers stole £1.7 million from Heathrow Airport

Question 11

R v Twomey: Decision

Answer 11

In criminal cases where there is evidence of jury tampering, judge has the right under s.44 Criminal Justice Act 2003 to try the case without a jury

Question 12

R v Incedal and Rarmoul Bouhadjar: Facts

Answer 12

The trial involved national security and was partially held in secret

Question 13

R v Incedal and Rarmoul Bouhadjar: Decision

Answer 13

If a case involves national security, it can be partially held in private

Also applies to

• Mental Health Tribunal
• Youth Courts

^^^ both are held in secret

Question 14

Osman v UK: Facts

Answer 14

A teacher harassed a pupil and family. Police were notified and teacher had told the police he was unable to control himslef and would do something which is criminally insane and would not do something which was criminally insane if he wasn’t stopped

Eventually he shot the boy and his father who died. Tecaher was convicted criminally of manslaughter. Boy and mother bought civil actions against the police for their failure to apprehend the teacher earlier or to provide them with protection

Case bought against the police - blanket immunity against the police

Hill v CC West Yorkshire

Question 15

Osman v UK: Decision

Answer 15

Blanket immunity - Breach of Article 6

Provided a disproportionate restriction on access to justice

Always be open to C’s to put their case before a judge and blaket rule which interfered wasn’t acceptable

Question 16

Golder v UK: Facts

Answer 16

A prisoner who wanted to sue the prison was not allowed to see a solicitor

Question 17

Golder v UK: Decision

Answer 17

Violation of Article 6 as right to a fair trial includes access to court

Question 18

Steel and Morris v UK: Facts

Answer 18

Legal aid was not available for libel cases and D’s had to represent themselves, despite being on low wage McDonald’s jobs, used experienced senior barristers

Trial lasted 313 days and D’s lost

Question 19

Steel and Morris v UK: Decision

Answer 19

The levels of complexity and the different levels of legal support were so great to make the case unfair under Article 6

Also decided level of damges awarded against the D’s was so great it breached Article 10

Question 20

T and V v UK: Decision

Answer 20

Court decided that children would find a court room and legal jargon intimidating therefore denying them a fair trial

Question 21

Gafgen v Germany: Decision

Answer 21

Evidence gained thorugh ill-treatment is unfair but if the evidence has no effect on the case outcome, there is no violation of Article 6

Question 22

Othman (Abu Qatada) v UK: Decision

Answer 22

ECtHR said there could be a violation of Article 6 is there is substantial evidence to suugest the sending of a person to a country where torture is used to gain evidence

Question 23

Murray v UK: Decision

Answer 23

Inferences drawn by the judge when remaining silent suring police interviews, was not a violation of Article 6 as there were safeguards in place

Question 24

Brown v Scott: Decision

Answer 24

Complusion was compatible with Article 6

The right of self-incrimination was not a absolute right and could be limited for reasons of public safety. It didn’t undermine the right to a fair trial as other evidence would be needed to be proved as well as any admission by accused

Question 25

Benham v UK: Decision

Answer 25

D was not eligible for legal representation in the Magistrate’s court. This was considered an Article 6 violation when he was sent to prison for non-payment of the poll tax

Question 26

R v Ibrahim: Decision

Answer 26

D needed a translator but was denied access

Therefore he didn’t understand the charges against him and the trial proceedings

Question 27

R v Davis: Decision

Answer 27

By hiding witnesses and not giving the defence the opportuntiy to cross examine

Unfair