HR Article 6

Question 1

What right does Article 6 provide?

Answer 1

The right to the minimum standard of fairness in procedures in regards to trials

Question 2

What is the right that sates D can be present at trial and argue there case?

Answer 2

D has the right to attend their trial

Question 3

What right is seen in Woolmington?

Answer 3

Innocent until proven guilty

Question 4

What does innocent until proven guilty mean?

Answer 4

You should be considered an innocent person until you are proven guilty. To stop an unfair or biased trial

Question 5

What does D have the right to if they speak another language?

Answer 5

The right for the trial to be in a language they understand.

Question 6

What right does D have to representation?

Answer 6

He has a right to legal representation. So having a solicitor or barrister who can give legal advice throughout the process.

Question 7

What does D have a right to (defence)?

Answer 7

D has the right to prepare a defence.

Question 8

What case gave the right to have time to prepare a defence?

Answer 8

Steel & Morris

Question 9

What does D have a right to? (witnesses)

Answer 9

The right to call and question witnesses

Question 10

What right did Condron state?

Answer 10

The right to remain silent.

Question 11

What does the right to remian silent mean?

Answer 11

D has no obligation to respond to any questions. Although now the court can be told you remained silent, that in itself is not evidence, it is just saying that D was silent

Question 12

What right links with the right to remain silent?

Answer 12

The right to incriminate themselves

Question 13

What does the right to not incriminate yourself mean?

Answer 13

D does not have to say anything which will incriminate themselves, although D can if they wish or advised to.

Question 14

What was covered in Rowe?

Answer 14

The equality of Arms

Question 15

What is the equality of arms?

Answer 15

Where there must be a balance of powers in the court. So all parties (defence and prosecution) must know all of the information the other one does which will be present.

Question 16

Why do we have the equality of arms?

Answer 16

to prevent an abuse of power and to ensure everyone is on the same page. Consider one side may have better witnesses or better resources

Question 17

What would be a breach of article 6? (linking to the equality of arms)

Answer 17

If D had limited access to files, so D could not hear everything that the prosecution has.

Question 18

Is article 6 a qualified right?

Answer 18

yes

Question 19

What does it mean to be a qualified right?

Answer 19

It can be interfered with in certian situations

Question 20

When is it lawful to interfere with article 6 (a right to a fair trial)

Answer 20

National security or to prevent a crime. But if there are competing interests.

Question 21

Give an example of when it is alright to interfere with article ?

Answer 21

If the case involves a juvenile, national security or to protect a witness. The case will be heard in private.

Question 22

What does this mean if a trial is heard in private?

Answer 22

It could bring a restriction on media coverage and the release of information.