Article 6 - The Right To A Fair Tial (paper 3) Flashcards
Introductory points
Applies both civil and criminal cases
People have a right to a Public hearing within reasonable time
Right to fair trial doesn’t = you will get the decision right , can still be miscarriages of justices
What art 6 (1) says
Everyone is entitled to a fair , public trial , by and independent and tribunal established by law
Golder - was denied art 6(1) when he was denied solicitor advice in prison
What does Art 6(1) mean?
Fair and public hearing
Equality of arms (steel and morris v UK 2005)
Presumption of innocence and privilege self - incrimination (Mrs browns case - where she self incriminated the moment the police spoke to her
Art 6 (1) restriction :
The press and public can be excluded from certain trials
Needs Independent and impartial tribunal
Should be achieved by independent judiciary
A randomly selected jury
Judges must be independent from case - otherwise must be retired as In the pinochet
Art 6(2) - presumption of innocent until proven guilty
Rights to not self incriminate
Right to free legal advice
Confirmed in wollmingtom (1933)
Burden of proof must be beyond all reasonable doubt
Art 6 (3) - minimum rights
A) be told promptly in a language you understand
B) have time to prepare the defence
C) to defend in person with free legal advice
D) to examine witnesses against him and to have them in court
E) to have a free interpreter if needed
Article 6(1) - Exceptions to a public decision
Art 6(1) says that the decision should be given in public, most courts have a public gallery and a press area.
However, Art 6(1) does say the press and public can be excluded for the following reason’s :
- in the interests of morals and public order
- protection of juveniles/private lives
- in the interests of national security in a democratic society, publicity would prejudice interests of justice
Terrorism cases
Police can deny access to legal advice for longer periods of time that In other cases
(Ibrahim v UK 2016)
Evaluation - access to courts
Public policy grounds for denying a duty of care is owed by public bodies (Hill v Chief Constable of W Yorks Police)
Evaluation - equality of arms
Many Problems with access to justice and funding
Evaluation - open justice in an oral hearing
R v Twomey caused concern - trail in crown court with no jury
Judge only trails being introduced. Risk of further breaches of art 6 - in the interest of saving court time and money and speeding up trails.
Evaluation - ECtHR cases
Been a number of cases against the uk which involves article 6
Denying people lawyers/delaying right to lawyer - what about self-incrimination
Right to silence has been amended - can be silent but if raises a defence at trial there is a danger that courts will draw adverse interference - unfair - S34 public order act 1994
