Art 6 - Right to a Fair Trial

Question 1

Intro

Answer 1

• Limited right (Art 6(1) = non-public hearings)
• Right to indep+impart J/tribunal + public hearing, within reasonable time
• Considers procedural fairness (substantive miscarriages still occur)

Question 2

6(1) - Right to a hearing

Answer 2

• 6(1) = “In determ of civil rights and in oblig of any criminal charge, everyone is entitled to fair + public hearing, in reasonable time, by indep + impartial tribunal, established by law”
• Access to Ct (Brumarescu v Romania, Abu Qatada v UK)
• Equality of arms = similar legal rep (Steel + Morris v UK)
• Presumption of innocence
• Privilege of self-incrimination (Brown v Scott)
• Tried in right Ct (T+V v UK)
• Public judgement
  –> Except in interest or morals/public order/national security/protecting youth/protecting private life/where publicity would prejudice justice (B+P v UK)
• Before indep+impar tribunal = indep J, random jury, retrial (Pinochet)
• Free legal advice (Golder v UK) - may be denied in terrorism cases (Ibrahim/Murray v UK)

Question 3

6(2) - Presumption of innocence

Answer 3

• Presumption of innocence (Woolmington)
• Burden/standard of proof

Question 4

6(3) - Minimum rights

Answer 4

• a) Told promptly of accusation
• b) Adequate time/facilities to prepare defence
• c) Defend through chosen legal assistance
• d) Examine witnesses against them in Ct
• e) Free legal rep if needed (limit by LASPO)