Article 6: Right To A Fair Trial

Question 1

The Right to a fair trial applies to…

Answer 1

• Civil rights and obligations
• Criminal Charges

Question 2

EVERYONE SHALL BE ……….. …………. Until ……….. …………

Answer 2

EVERYONE SHALL BE PRESUMED INNOCENT UNTIL PROVEN GUILTY

Question 3

Article 6 Section 1

Answer 3

Everyone is entitled to a fair trial, within a reasonable time by an independent impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public can be excluded if the issue is sensitive or of national security

To achieve this purpose, the court has created further rights not explicitly stated:

• The right not to incriminate oneself
• The right of access to a court
• Equality of Arms (fair balance between the parties in court)

Question 4

Article 6 Section 2

Answer 4

Everyone charged with a criminal offence shall be presumed innocent until proven guilty

Question 5

Article 6 Section 3

Answer 5

Everyone charged with a criminal offences had the following minimum rights: a-e

Question 6

Article 6 Section 3(a)

Answer 6

To be informed promptly, in a language which he understand and in detail, of the nature and cause of the accusation against him

Question 7

Article 6 Section 3(b)

Answer 7

To have adequate time and facilities for the preparation of his defence

Question 8

Article 6 Section 3(c)

Answer 8

To defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interest of justice so require;

Question 9

Article 6 Section 3(d)

Answer 9

to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same condition as witnesses against him;

Question 10

Article 6 Section 3(e)

Answer 10

To have the free assistance of an interpreter if he cannot understand or speak the language used in court

Question 11

Brown v Stott

Answer 11

Right to not incriminate oneself