Article 6 essay

Question 1

What is an example essay question for A.6?

Answer 1

Discuss the extent to which the right to a fair trial in the UK courts has been adequately protected? (use case law from both the ECtHR and UK)

Question 2

What should you do first in this essay?

Answer 2

Outline what a.6 is

Question 3

What is A.6 a right to?

Answer 3

A fair trial

Question 4

What type of right is A.6?

Answer 4

It is a qualified right, so it can be interfered with under specific circumstances.

Question 5

When can A.6 be interfered with?

Answer 5

For national security, mental health and prevention of a crime.

Question 6

What does A.6 outline?

Answer 6

A need for a need for minimum standard of fairness in procedures.

Question 7

What should D be able to do?

Answer 7

attend their trial and they should be innocent until proven guilty.

Question 8

What did Woolington rule?

Answer 8

That D should be innocent until proven guilty.

Question 9

What must D be able to have?

Answer 9

Legal representation and time to prepare a defence

Question 10

What does Steel and Morris outline?

Answer 10

That D needs time to prepare a defence.

Question 11

What does Condron outline?

Answer 11

That D has the right to remain silent

Question 12

What does Murray outline?

Answer 12

That D has the right to not incriminate themselves.

Question 13

What does Rowe outline?

Answer 13

All parties should know of all the information available. There should be an equality of arms, so there is not a little person against a massive corporation/ business with a legal team.

Question 14

How has A.6 been extended?

Answer 14

To protect not just a trial but the process around the trial. So that our right to a fair trial protects the process to have a fair trial.

Question 15

What case extended A.6?

Answer 15

Golder

Question 16

What was the ruling in Golder?

Answer 16

Golder ruled that there is a right to go to court

Question 17

What happened in Golder?

Answer 17

Golder was a prisoner who was refused a solicitor. The case was used as a test by the UK government to see if the word “trial” could be expanded to the due process around the trial

Question 18

What did the ECtHR rule in Golder? Why did the UK dispute this?

Answer 18

It ruled that a “trial” could be expanded to the process around a trial. The UK government disputed this as the ECtHR was not interpreting the convention literal enough, they were adding their own interpretation on to the convention.

Question 19

What does this ruling mean for human rights?

Answer 19

As our rights have been extended, they are being further protected by the ECtHR as now not only is the trial itself protected by the process around the trial is protected.

Question 20

What will the criminal courts prioritise?

Answer 20

Open justice

Question 21

What is open justice?

Answer 21

The court hearings/trials must be public and can be reported on. If it is not a public trial, then it cannot serve justice.

Question 22

What did Lord Blackstone say?

Answer 22

“the courts of justice must at all times be open”

Question 23

What are the circumstances which can interfere with open justice?

Answer 23

• The protection of a witness
• If the case involves a child
• If the case involves national security.

Question 24

What is the name for cases which are not open to the public? what happens?

Answer 24

“in camera”, the public is removed and the press is limited or even removed entirely, especially in cases that deal with national security.

Question 25

What is the compromise between the press and an open court?

Answer 25

As the courts are supposed to be open, it will often leave the press there but limit what they can report and if it is to do with national security, then the press will be temporarily removed for a specific testimony.

Question 26

What can the judge do?

Answer 26

Hold a discussion in his chamber with the barristers and defendant, as to not interfere with the trial (like saying that the previous convictions of the defendant should not be known) or for what they discussing to be reported on.

Question 27

What needs to be “in camera”, why?

Answer 27

A challenge to a juror to remove or disqualify them from the jury. As their connection to the trial has no right to be in the public eye. They are not on trial after all.

Question 28

What will the court ensure if our A.6 rights need to be interfered with?

Answer 28

That it is done justly and fairly, first trying to do everything it reasonably can to ensure a fair trial. If it is necessary to interfere with our rights, the courts will ensure the balance of our right to a fair trial and the exceptions are equal.

Question 29

What do the courts balance

Answer 29

The courts will balance the need for open justice in a fair trial and the necessary exceptions.

Question 30

What makes a fair trial fair?

Answer 30

Being scrutinised by your peers.

Question 31

What can cause a court to become juryless?

Answer 31

If a jury has been repeatedly knobbled, as they are bias and cannot enact justice. Or if the case is to do with terrorism.

Question 32

In ireland when will a case be without a jury?

Answer 32

When the case is to do with the IRA, as they easily persuade the jury to rule not guilty due to the threat after the court.

Question 33

Why do we need a juryless trial?

Answer 33

As if a trial can be interfered with it is no longer fair, so getting rid of the jury will only leave the legal professionals who are not as easily swayed.

Question 34

What will the courts sometimes prioritse?

Answer 34

That justice is properly enforced than having an objectively fair trial. However, this will only be prioritised if absolutely necessary.

Question 35

What shows that a juryless trial is a rare occurrence in England?

Answer 35

That only recently did England have the first juryless trial in 400 years.

Question 36

What will the UK courts try to ensure?

Answer 36

That fair trials take place unless there are other factors more pressing to have an objectively fair trial.

Question 37

What can the UK courts not guarantee?

Answer 37

A right to a fiar trial, as these exceptions are quite loose and subjective to each case. There is no blanket rule due to all the exceptions to have a fair trial.

Question 38

When are our A.6 rights protected?

Answer 38

When the case goes to the ECtHR will our A.6 rights be protected. Until you get to that point, the UK courts have free reign over what is considered free.