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
6(3)(a)?
to be informed promptly in a language he understands
6(3)(b)?
to be given adequate time and facilities to prepare
6(3)(c)?
to defend himself through legal representation
6(3)(d)?
to have own witnesses and to cross examine witnesses against him
what case example can be used for 6(3)(d)?
Davis - No cross examination of witnesses, only other wise brought witnesses
6(3)(e)?
free interpreter if he cannot speak the language of the court
what are the 4 restrictions on article 6?
Limitation Act 1980
S44 Criminal Justice Act 2003
Legal Aid, Sentencing and Punishment of Offenders Act 2012
S34-37 Criminal Justice and Public Order Act 1994
how does Limitation Act 1980 restrict article 6?
there is a 3 year limitation period on personal injury claims, and 6 for property claims and contract.
there is no restriction for criminal proceedings.
how does S44 Criminal Justice Act 2003 restrict article 6?
allows judge only trials if there is evidence that tampering could occut
how does Legal Aid, Sentencing and Punishment of Offenders Act 2012 restrict article 6?
legal aid is not automatic and you will not qualify unless you pass the interest of justice test and means test.
how does S34-37 Criminal Justice and Public Order Act 1994 restrict article 6?
these sections create situations where it is acceptable to draw adverse inferences from an accused’s failure to answer certain questions
what are some positives of article 6?
‘innocent until proven guilty’ eliminates bias
‘right to remain silent’ means no assumptions can be made
allows for a fair trial, representes society
what are some negatives of article 6?
‘reasonable time’ is too subjective
civil courts - cost/time/delay
judge only trials could be unfair as no jury
