Article 6 Eval

Question 1

 

Violations of this are the highest of all rights 

 

Answer 1

11543 violations between 1959-2019
UK had 93 violations for fair trial and another 30 for delay
This shows how important it is that this right exists and that it can be challenged in the ECtHR

Also, despite the UK having very thorough procedures under PACE and other laws, breaches still exist - shows unfairness

Question 2

 

 Access to Justice and Legal Funding

 

Answer 2

Without legal funding some people cannot go to trial at all
Article 6(3) provides for necessary legal aid for necessary legal aid in criminal cases. s.58 PACE gives right to legal advice upon arrest and at initial hearings

However, still have to pass justice test (Hammerton) and means test which leads to increase in self representation (Benham)

Question 3

Use of a Jury

Answer 3

Article 6(1) requires trial within an impartial and independent court.
In serious crim cases in Crown Court, jury used - fair - society judging you - jury equity available (Kronlid)

However, article 6 says fair trial not jury trial so many states dont use jury, seen in Twomey where tampering was likely

Question 4

 Evidence

Answer 4

Under UK law, evidence procedures are protected under PACE 1984 s.76
However disclosure is always big problem - this ensures fairness between parties but is often biggest issue in reasons of violation - seen in cases like Guildstone Four

In addition, the Criminal Procedures and Investigations Act creates an imbalance here in favour of the police