Article 6- Right to a fair trial

Question 1

Article 6

Answer 1

Following a criminal charge, everyone is entitled to a fair and public hearing within a reasonable time by an impartial and independent court or tribunal.

Question 2

What are the 5 parts of article 6(1)

Answer 2

1. Fair hearing
2. Public hearing
3. Within a reasonable time
4. By an independent or impartial tribunal
5. Cases of criminal charges or civil rights/obligations.

Question 3

What 6 things need to be considered when asking whether or not there has been a fair trial?

Answer 3

A. Access to court
B. Legal representation
C. Equality of Arms
D. Rules of evidence
E. Attendance at court
F. Final and reasoned judgement.

Question 4

Requirement 1 of a fair trial - Access to court

Answer 4

Prevents the state from exercising power in an arbitrary fashion.
Extends rights to prisoners (Golder v UK 1975)
Access to court is not absolute and there can be restrictions (eg: vexatious litigants)

Question 5

Requirement 2 of a fair trial - Legal representation

Answer 5

The UK does not have an automatic right to legal representation. Criminal trials must pass the interest test and the means test so those on high income will often not get help.
Does not give defendant a right to a specific person (R v Maguire 2018)

In civil law financial aid is very restricted.

Question 6

Requirement 3 of a fair trial - Equality of arms

Answer 6

Means both sides have the opportunity to put their case forward without being disadvantaged.
Does not require that legal advice is given by someone at the same level in each case (AG’s ref N082a of 2000)
Disclosure is important too meaning both parties need to know the same information in terms of evidence.
Non-disclosure may be justified if it is in the interest of national security.

Question 7

Requirement 4 of a fair trial - Rules of evidence

Answer 7

States can determine their own rules of evidence but the ECtHR sets down some parameters.
Gafgen v Germany 2018 - Evidence by ill treatment should not be used.

Edwards and Lewis v UK 2014 - The prosecution in criminal trials must disclose all evidence on both sides of the defence even if they don’t intend to rely on it.

s.78 PACE allows courts to exclude all evidence that my not be fair.

Question 8

Requirement 5 of a fair trial - Attendance at court