Article 6: Right to Fair Trial

Question 1

What did Beggs v. UK decide?

Answer 1

A 10 year wait for an appeal in the Irish Appellate Courts was unacceptable.

Question 2

What happened in Bow Street Magistrates v. Pinochet?

Answer 2

Lord Hoffmann failed to disclose his affiliation to Amnesty International - breaching Article 6’s ‘independent and impartial tribunal’.

Question 3

list the 5 factors that ensure a fair trial can be achieved.

Answer 3

Access to Justice
Juvenile/unsound defendants cannot participate. 
Fairly gained evidence
Presumption of innocence. 
Clear and reasoned judgement.

Question 4

What are the 5 minimum rights of all defendants in a criminal trial? What section of Article 6 states this?

Answer 4

1) . Informed properly (in language he understands)
2) . Adequate time and facilities to prepare a defence
3) . Legal assistance
4) . Witnesses
5) . Free assistance of an interpreter

Question 5

What was established in Gafen v. Germany?

Answer 5

Evidence gained through torture will be inadmissible.

Question 6

Discuss two advantages of Article 6.

Answer 6

Advantages of Article 6:
- Trial by jury is the greatest monument of British democracy as it allows members of the public to participate in the justice system - improves the administration of justice - justice is seen to be done when the public play an active role as jurors - however - s.44 CJA 2003 - may be held without a jury - only happened once though - R v. Twomey - convict two armed robbers.

• Art. 6 makes provisions for those who may be more susceptible to the formalities of the justice system e.g. child Ds are tried in the youth court by specially trained Mags - Mags have a wide range of sentences - advan. as it is designed to prevent the child from becoming a recidivist - though still tried in the Crown for indictable offences - considered a violation in T and V v. UK - still, the practice remains in place,

Question 7

Discuss two disadvantages of Article 6.

Answer 7

Disadvantages of Article 6:
- Access to justice has been curtailed recently as the LASPO reduced the threshold in which a person may qualify for legal aid - if it is not ‘within the interests of justice’ to give legal aid - d. must defend himself - may lead to an inequality of arms - in R v. Benham - d. was not eligible for legal aid and was a violation when he was tried for non-payment of the poll tax.

• Article 6 fails to guarantee a fair trial in certain areas of law e.g. defamation where there is no legal aid in this area of law - the nature of defamation cases sees individuals go up against lerge corporations who can afford the best representation - an inequality of arms is inevitable - e.g. Steel and Morris v. UK.