Article 6: Right to a Fair Trial

Question 1

What does article 6 say? (6.1, 6.2, 6.3)

Answer 1

Article 6(1):
Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgement should be announced publicly.

Article 6(2):
 Everyone is innocent until proven guilty
 
Article 6(3): 
 Everyone is entitled to certain minimum rights once charged with an offence

Question 2

What are the 6 catagories within fair hearing section?

Answer 2

Access to court
Legal representation
Equality of arms
Rules of evidence
Attendance at court
Final and reasoned judgement

Question 3

Fair hearing - access to court

Answer 3

Golder
Not an absolute right, can be taken away for people such as vexatious litigants or judges who have immunity
Osman - showed police don’t have immunity

Question 4

Fair hearing - legal representation

Answer 4

Airey - free legal representation for low income individuals
Maguire - not a right for a specific person to represent them

Will only be represented if they pass tests

Question 5

Fair hearing - equality of arms

Answer 5

AG’s Ref - does not mean experience of legal rep has to be equal

Unless for public interest or national security reasons, both parties should know and have disclosed all information about the case

Question 6

Fair hearing - rules of evidence

Answer 6

Gafgen - evidence attained by ill treatment cannot be used

Edwards and Lewis - prosecution must disclose all evidence to other side even if they don’t intend to use it - if national security reasons use special advocate

AG’s Ref - evidence obtained via police entrapment cannot be used

s.76 PACE - excludes unlawfully obtained confession evidence

Question 7

Fair hearing - attendance at court

Answer 7

· If D is absent from the hearing:
o The judge must ensure a fair trial as far as is possible
o Judge should not see absence as an admission of guilt
Judge should also seek to adjourn the case (especially in civil law)

Thompson and Venables

Question 8

Fair hearing - final and reasoned judgement

Answer 8

Boldea

Question 9

Public hearing - S_________

Answer 9

Justice must be seen to be done
Stansbury

Question 10

Public hearing - M______

Answer 10

Public hearing allows for public library and public scrutiny
Malhouse

Question 11

Under article 6(1) when can hearings be held in private?

Answer 11

1. Interest of morals, public order or national security - R v Incedal - trial relating to terrorism held in secret
   2. Protecting juveniles or private lives of parties
      e.g. B and P v UK (2001)

Or in special circumstances deemed necessary by the court where publicity would prejudice the interests of justice

Question 12

Within a Reasonable time - S________

Answer 12

Justice delayed is justice denied
Stogmuller

Question 13

Within a reasonable time- K____

Answer 13

• Factors to be considered where there is a delay:
• The complexity of the case, applicants conduct and the conduct of the state

Konig

Question 14

Within a reasonable time - Milasi and Renngeisen

Answer 14

Milasi - 9 years 7 months unreasonable as no complex issues

Renngeisen - over 5 years reasonable as complex fraud case

Question 15

Independent impartial tribunal - s.3(1) Constitutional Reform Act

Answer 15

Requires government ministers to uphold independence of the judiciary

Question 16

Independent and impartial - P_______

Answer 16

Decision has to be fair otherwise it will be quashed

Pinochet

Question 17

Independent and impartial - Twomey

Answer 17

Jury tampering was very likely so case continued without jury

Question 18

Criminal charges or civil rights and obligations - M_____

Answer 18

ASBO’s are civil not criminal
McCann

Question 19

Article 6(2) - presumption of innocence - Woolmington

Answer 19

Seen as the golden thread

Question 20

presumption of innocence - right to remain silent

Answer 20

Saunders

Adverse inference can be drawn by jury however - s.34 CJPOA

Question 21

presumption of innocence - S_______

Answer 21

Conviction on strict liability offence only (actus reus only) is allowed so long as there is a defence
Salabiaku

Question 22

6(3) minimum rights

Answer 22

1. To be informed promptly in a language he understands of the charges against him - Boldea
   2. To be given adequate time and facilities to prepare a defence - Hadjianastassiou
   3. To defend themselves in person or through legal assistance and to be given legal assistance for free where the interests of justice require - Benham
   4. To examine witnesses and for there to be the same conditions on witnesses on both sides - Saidi
2. To an interpreter if he cannot understand the language of the court - Cuscani