Article 6 Evaluation

Question 1

Introduction

Answer 1

Article 6 is the right to a fair trial.
Article 6 is a limited right so the state cannot interfere unless it’s under the act.
Everyone charged with an offence is presumed innocent until proven guilty.

Question 2

Examples of pre legislation which set out Article 6

Answer 2

Magna Carta
Woolmington

Question 3

Magna Carta

Answer 3

Gave rights to the common people

Question 4

What is Article 6 considered for being a limited right?

Answer 4

A cornerstone of British justice

Question 5

Woolmington

Answer 5

Golden thread in criminal law
Presumption of innocence
Burden of proof on prosecution

Question 6

4 evaluation points

Answer 6

Jury
Legal funding
Police immunity
Children in court

Question 7

Jury A01

Answer 7

Scope of Article 6 is both civil and criminal cases.
Hearing has to be public.
Hearing has to be independent and Impartial.

Question 8

Why does the court have to be public?

Answer 8

Protects against corruption and bias.

Question 9

What does it mean by the court has to be independent and impartial?

Answer 9

Magistrate or jury should not be pressurised or biased.

Question 10

What is jury tampering protected under?

Answer 10

CJA 2003

Question 11

Juries A03 good

Answer 11

Independence since random selection.
Democracy as opinion of the public.
Unbias.

Question 12

What did Lord Devlin say?

Answer 12

The lamp that shows that freedom lives.

Question 13

Juries A03 Bad

Answer 13

Impartial tribunal in some cases
Right to jury trial isn’t consistent
Juries lack legal understanding

Question 14

Impartial tribunal case

Answer 14

Twomey

Question 15

What statistic shows that the right to jury trial isn’t consistent?

Answer 15

Only 2% of crown court cases receive a jury

Question 16

Legal Funding A01

Answer 16

Means test
Merits test
Legal funding under LAPSO

Question 17

Equality of Arms A01

Answer 17

Focuses on fair balance of opportunity for both parties.
Apart of 7 principles to achieving a fair trial.

Question 18

Equality of arms case

Answer 18

McLibel

Question 19

Legal funding and Equality of Arms A03 good

Answer 19

Fairness within the justice system.
Serious cases still get legal funding.
Protection is given with both legal funding and equality of arms.

Question 20

Serious cases still get funding case

Answer 20

Bentham

Question 21

Legal funding and Equality of Arms A03 bad

Answer 21

Not wholly protective for everyone’s rights.
Drastic cuts of money from government so fewer people eligible.
More breaches of ART6 as less fair trials.

Question 22

Police immunity A01 what acts protect the public

Answer 22

Article 6(2) and Article 6(3)

Question 23

Article 6(2)

Answer 23

Everyone charged with a criminal offence is presumed innocent until proven guilty.

Question 24

Article 6(3)

Answer 24

Everyone charged with a criminal offence has minimum rights.

Question 25

Article 6(3) what rights?

Answer 25

Informed promptly in a language understood
Legal assistance
Adequate facilities to prepare

Question 26

Police Immunity A03 Bad cases

Answer 26

Osman
Hill

Question 27

What happened in Osman?

Answer 27

ECtHR agreed blanket immunity and a breach of ART6.

Question 28

What happened in Hill?

Answer 28

Police cannot be sued which lead to defensive policing.

Question 29

Police Immunity A03 Good cases

Answer 29

Robinson
Article 6 (2) and (3)

Question 30

What happened in Robinson?

Answer 30

Changed law if negligent in failing to act.

Question 31

Children in Court A01

Answer 31

Exception for why the public can be taken out of court.
Exception for private hearing.

Question 32

What happened in the case of T+ V?

Answer 32

ECtHR decided 11 year old didn’t have fair trial as intimidated.

Question 33

What’s the contrevorsy with children In court?

Answer 33

As children are still tried in adult courts for serious offences regardless.