Human Rights - Article 6 Flashcards
Under Article 6 everyone has:
the right to a fair trial
6(1) states:
‘Everyone is entitled to a fair and public hearing within a reasonable time by an independent, impartial tribunal established by law. Judgement should be pronounced publicly but the public/press can be excluded in certain circumstances’
what case example can be used for 6(1)?
Woolmington - D convicted of murder. Appealed on the grounds that the judge has misled the jury by stating that he was presumed guilty unless he could prove his innocence. Conviction was quashed. Created ‘innocent until proven guilty’
where does the burden of proof lie under article 6?
criminal - prosecution
civil - claimant
what are the 4 categories under 6(1)?
Fair and public hearing
A public judgement
Independent and impartial tribunal
Reasonable time
what does fair and public hearing mean?
fair balance between parties
should both have representation (equality of arms)
presumption of innocence
right to remain silent
what case example can be used for ‘fair and public hearing?’
Thompson and Venebles - tried in an adult court not a youth court, which was technically not a fair hearing
what does ‘a public judgement’ mean?
justice should be done and seen to be done
the public and press can be there
both parties should be present
public and press may be excluded if Ds are really young or it’s a matter of national security
what does independent and impartial tribunal mean?
decision makers must be independent from political pressure and the parties in the case.
what case example can be used for independent and impartial tribunal?
Pinochet - judge in the trial of this Chilean dictator had to be removed from the case after failing to declare his links to Amnesty International.
what does ‘reasonable time’ mean?
depends on complexity of the case - those on remand take priority
what case example can be used for ‘reasonable time’?
Beggs v UK - a convicted murderer and rapist was awarded €6000 for breach of article 6 when his appeal took 10 years to reach the Scottish appeal courts
what does 6(2) state?
innocent until proven guilty
right to silence
what case example can be used for ‘right to silence’?
Murray v UK - a court should not draw adverse inferences from an accused’s refusal to answer questions, either during a police interview or at trial.
what does 6(3) cover?
additional rights - criminal
