article 6

Question 1

what is this article for

Answer 1

Right to a Fair Trial

Question 2

what does article 6 (1) say

Answer 2

Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law (court) .

Question 3

what does article 6(2) say

Answer 3

Everyone is presumed innocent until proven guilty

Question 4

what does article 6(3) say

Answer 4

Everyone is entitled to a certain minimum rights once charged with an offence

Question 5

what are examples of acts that provide for this

Answer 5

PACE 1884

Sentencing Act 2020

Question 6

what did the courts decide about this

Answer 6

ECtHR decided that this right should be interpreted widely as it is so important and prominent that there can be no justification for strict interpretation

Question 7

whats a case to back this

Answer 7

Perez v France (2004)

Question 8

what are the 5 parts of article 6(1)

Answer 8

1) fair hearing

2) public hearing

3) within reasonable time

4) by an independent and impartial tribunal

5) cases of criminal charges or civil rights/ obligations

Question 9

what does a ‘fair hearing’ need to consider (6 things)

Answer 9

A. access to court

B. legal representation

C. equality of arms (lawyers and evidence needs to be fair to each party)

D. rules of evidence

E. Attendance at court

F. final and reasoned judgement

Question 10

access to court meaning

Answer 10

requires the state to provide that a judicial process is fair and public.

Also extends to the appeals process although does not give blanker rights to appeal without legal reason.

also applies to prisoners

Question 11

also applies to prisoners case

Answer 11

Golder v UK (1975)

Question 12

when can there be restrictions

Answer 12

State can put a time limit on it (e.g personal injury claim have a time limit of 3 years, 6 years for tort and contract)

Question 13

whats the fancy shite word for this (u got dis von queenie pops pie x)

Answer 13

vexatious litigants

Question 14

what does this mean

Answer 14

A vexatious litigant is someone who files multiple lawsuits against another person with the intent to harass, annoy, or cause legal expenses

Courts can restrict vexatious litigants who regularly issue claims and only allow a claim with permission of the court

Question 15

what case tells us people cant have a blanket of immunity

Answer 15

Hill v Chief Constable of West Yorkshire 1989

Question 16

what does ‘legal representation’ state

Answer 16

The UK does not have an automatic right to legal representation or financial aid, but court must consider how fair it is to leave D unrepresented

Question 17

whats the case for this

Answer 17

Airey v Ireland (1979)

(woman seeking separation from husband was refused legal aid)

Question 18

what case tells us this does not give a defendant a right to a specific person to represent them at public expense

Answer 18

R v Maguire (2018)

Question 19

what 2 tests does D have to past to get legal rep

Answer 19

means test
interests of justice test

Question 20

what does this mean for those on higher incomes

Answer 20

often wont get help

Question 21

equality of arms meaning

Answer 21

both sides have the opportunity to put their case forward without being at a disadvantage to the other party

Question 22

case for dis von

Answer 22

Steel and Morris v UK (2005) - McLibel

Question 23

what case tells us it doesnt need to be given by someone at the same level of experience for both parties

Answer 23

AG’s Ref (No.82a of 2000) (2001)

Question 24

whats another important aspect to do with evidence

Answer 24

 in order to have equality of arms, both parties need to know the sane information

This means that any evidence needs to be disclosed by the prosecution to the defense

This links equality of arms to the rule of evidence

Question 25

what are exceptions to do with evidence though

Answer 25

National security Public interest

Question 26

rules of evidence meaning

Answer 26

States can determine their own rules of evidence (e.g. when evidence cannot be used and how it is collected) BUT the ECtHR sets down some parameters.

Question 27

whats the case for this

Answer 27

Gafgen v Germany (2010)

Question 28

what case tells us the prosecution in criminal trials must disclose all evidence on both sides to the defense, even if they don’t intend to rely on it

Answer 28

Edwards and Lewis v UK (2004)

Question 29

what are the exceptions

Answer 29

terrorism cases - D will not know the full case against them

Question 30

what may they have

Answer 30

Special Advocate (barrister) will work with the Defendant and the Defendant’s lawyers

Question 31

whats a case example of this

Answer 31

AF v Secretary of State for Home Dept (2009)

Question 32

attendance of court meaning

Answer 32

Each party has the right to attend court and to participate, although this can be waived (e.g. ADR).

Question 33

if the defendant is absent from the hearing what happens (4)

Answer 33

 Ensure a fair trial still happens, as far as possible See their absence as an admission of guilt Always continue the case regardless Launch an investigation into their absence

Question 34

what must the judge do

Answer 34

The judge must ensure a fair trial as far as is possible Judge should not see absence as an admission of guilt Judge should also seek to adjourn the case (especially in civil law)

Question 35

case example of this

Answer 35

Thomson and Venables v UK (1999)

Question 36

final and reasonable judgement

Answer 36

It can form the basis of an appeal The judge talks quickly and it allows the parties to understand better It is needed as a basis for the precedent that is set in the case It is needed for media reports

Question 37

whats a case example of this

Answer 37

Boldea v Romania (2007)

Question 38

what did this case say

Answer 38

All domestic courts must address all essential issues of a case when pronouncing decisions This is important in terms of judicial precedent as well as identifying grounds for appeal

Question 39

2) what does a public hearing imply (dont deep it gng xx)

Answer 39

Implies all hearings should be open to public and the press

Question 40

what case can we use to back this

Answer 40

Malhouse v Czech Republic (2001)

Question 41

what are the situations where a hearing may not be public

Answer 41

Interest of morals, public order or national security Protecting juveniles or private lives of parties Or in special circumstances deemed necessary by the court where publicity would prejudice the interests of justice

Question 42

Interest of morals, public order or national security case

Answer 42

R v Incedal – trial relating to terrorism held in secret

Question 43

Protecting juveniles or private lives of parties case

Answer 43

B and P v UK (2001)

Question 44

In special circumstances deemed necessary by the court where publicity would prejudice the interests of justice case

Answer 44

B and P v UK (2001)

Question 45

3) within a reasonable time meaning

Answer 45

Protects parties against excessive delays – as justice delayed is justice denied. This is especially important for criminals cases as a person should not be left uncertain about their fate for too long

Question 46

whats the case to back this

Answer 46

(Stogmuller v Austria (1969)

Question 47

what can a delay in a hearing lead to

Answer 47

Any delay in a hearing can be dealt with by giving a lower sentence or higher compensatio

Question 48

4) By an Independent and Impartial Tribunal Established by Law meaning

Answer 48

Litch just a court and the independent part just means not connected to the gov so good separation of powers

Question 49

what does failure to ensure this lead to in civil and criminal cases

Answer 49

compensation in civil cases and convictions being quashed in criminal cases

Question 50

what's an act for this

Answer 50

Constitutional Reform Act 2005, s.3(1)

Question 51

whats the case for this

Answer 51

Pinochet’s Case (2000)

Question 52

 5. Cases of Criminal Charges or Civil Rights and Obligations- what may these cases involve

Answer 52

Anything involving financial interests (property, personal injury etc) Child custody cases Solictor Disaplinary Tribunal decisions about rights to continue to practice law