Article 6: Right to a Fair Trial Flashcards
What does article 6 say? (6.1, 6.2, 6.3)
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
What are the 6 catagories within fair hearing section?
Access to court
Legal representation
Equality of arms
Rules of evidence
Attendance at court
Final and reasoned judgement
Fair hearing - access to court
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
Fair hearing - legal representation
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
Fair hearing - equality of arms
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
Fair hearing - rules of evidence
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
Fair hearing - attendance at court
· 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
Fair hearing - final and reasoned judgement
Boldea
Public hearing - S_________
Justice must be seen to be done
Stansbury
Public hearing - M______
Public hearing allows for public library and public scrutiny
Malhouse
Under article 6(1) when can hearings be held in private?
- Interest of morals, public order or national security - R v Incedal - trial relating to terrorism held in secret
- Protecting juveniles or private lives of parties
e.g. B and P v UK (2001)
- Protecting juveniles or private lives of parties
Or in special circumstances deemed necessary by the court where publicity would prejudice the interests of justice
Within a Reasonable time - S________
Justice delayed is justice denied
Stogmuller
Within a reasonable time- K____
- Factors to be considered where there is a delay:
- The complexity of the case, applicants conduct and the conduct of the state
Konig
Within a reasonable time - Milasi and Renngeisen
Milasi - 9 years 7 months unreasonable as no complex issues
Renngeisen - over 5 years reasonable as complex fraud case
Independent impartial tribunal - s.3(1) Constitutional Reform Act
Requires government ministers to uphold independence of the judiciary
Independent and impartial - P_______
Decision has to be fair otherwise it will be quashed
Pinochet
Independent and impartial - Twomey
Jury tampering was very likely so case continued without jury
Criminal charges or civil rights and obligations - M_____
ASBO’s are civil not criminal
McCann
Article 6(2) - presumption of innocence - Woolmington
Seen as the golden thread
presumption of innocence - right to remain silent
Saunders
Adverse inference can be drawn by jury however - s.34 CJPOA
presumption of innocence - S_______
Conviction on strict liability offence only (actus reus only) is allowed so long as there is a defence
Salabiaku
6(3) minimum rights
- To be informed promptly in a language he understands of the charges against him - Boldea
- To be given adequate time and facilities to prepare a defence - Hadjianastassiou
- To defend themselves in person or through legal assistance and to be given legal assistance for free where the interests of justice require - Benham
- To examine witnesses and for there to be the same conditions on witnesses on both sides - Saidi
- To an interpreter if he cannot understand the language of the court - Cuscani
