Article 6

Question 1

Introduce

Article 6

6(1)

Apart of A6

Answer 1

• Limited right, originating from Magna Carta that can be restricted.

Article 6(1) - Everyone has a right to fair trial in civil and criminal cases.

Question 2

Describe

Independent and Impartial Tribunal

Pinochet, R v Twomey

Apart of A6

Answer 2

• All cases need to be heard in front of a independent and impartial tribunal. that is free from political and media pressure,

Pinochet - If evidence of prejudice or bias in case, damages are award and a re-trial is given.

R v Twomey - Right to trial by peer/jury, can be limited to only judge in fear of jury nobbling.

Question 3

Describe

Public Hearing

R v Incedal

Apart of A6

Answer 3

• Tribunal should be held in public, in open court, but for youth offenders must be private in closed court.

R v Incedal - Can be held in private for national security.

Question 4

Describe

Within Reasonable Time

Beggs v UK

Apart of A6

Answer 4

• Civil and Criminal Cases should be heard in reasonable amount of time.

Beggs v UK - A long delay can lead to a breach

(In general, few weeks for summary, few months for triable, and year or more for indictable is generally considered reasonable in exams)

Question 5

Decribe

Right to Legal Advice, and Equality of Arms

AG Ref (2002), Steel and Morris v UK

Apart of A6

Answer 5

• D has right to consult private legal advice, but can be restricted without a breach.

AG Ref (2002) - Same level of representation in court doesn't matter.

Steel and Morris v UK - If complete ineuquality of arms, will breach.

Question 6

Describe

Disclosure of Evidence and Rules of Evidence

S.78 PACE 1984, S.76

Apart of A6

Answer 6

DOE

• State can withold evidence from defence, if involves sensitive national security issues.

ROE

S.78 PACE 1984 - Court can exclude evidence that adverse effect on fairness of proceedings.

S.76 - Can be excluded if D is pressured, or tortured, enticed by cop, or hearsay evidence (not in civil)

Question 7

Describe

Access to Court

T and V v UK

Apart of A6

Answer 7

• Everyone has right to take stand and give evidence or refuse to do so, and attend court unless national security

T and V v UK - If D can't understand proceedings against them then breach.

Question 8

Describe

Article 6(2)

DPP v Woolmington, Murray v UK, S.34 CJPOA1994

Apart of A6

Answer 8

• Everyone has right to be innocent until proven guilty.
• D has right to silence and not give evidence at all.

DPP v Woolmington - Prosecution must prove D is guilty beyond all reasonable dount.

Murray v UK + S.34 Criminal Justice and Public Order Avt 1994 - No comment interview, can be incriminiating evidence, police must warn D of this.

Question 9

Describe

Article 6(3)

6(3)(A-E), R v Davis

Apart of A6

Answer 9

(A) To be informed promptly of charge in language they understand.
(B) - Adequate time to prepare case and get expert witnessess and evidence
(C) - Right to legal aid, or to represent yourself.
(D) - Defence allowed to cross-examine witnesses.
(E) - Right to interpretator if needed.

R v Davis - Witness protection measures aren't breach, unless conviction is based entirely on that anonymous witness.

Question 10

Evaluate

Limited Right

• Article 6 protects individuals right as its a limited right.
• What does it fundamentally give everyone? What is everyone seen as when first enter court? When can it be limited? (R v Incedal)
• What can the state easily abuse in private cases? And for defence in national security? What is this for the D?

Answer 10

• Universally to have a fair trail, not guilty until proven, this can get limited in justifiable cases for national security, which is good for security.
• Public don’t know what happens in private cases same with media, defence may not get evidence due to national security, unfair trial for the D.

Question 11

Evaluate

Abuse of Power

• A.6 Strict evidence rules prevents abuse of power.

*What is stated in S.76 PACE? What does S.78 PACE ensure?

• What do hearsay rules protect? What can D appeal?

Answer 11

• Evidence through oppression, torture is inadmissible and can’t be used in court, ensures only reliable and trustworthy evidence can be used for a safe conviction.
• Protects D’s right, as evidence is unreliable so it makes sense to now allow it, D can appeal conviction and evidence if this evidence is allowed.

Question 12

Evaluate

• Article 6 right to legal advice, protects citizens rights.
• What must someone be allowed? this ensures?
• What does a lack of an availability weaken? What is there a limited choice of when it comes to legal aid representation? When is aid removed? What happens to D?

Answer 12

• Solicitor or legal representation, ensures all have access to advice and can defend themselves.
• The right, limited choice of highly skilled barristers, lower offences have no legal aid, D isn’t an expert so could get a record.

Question 13

Evaluate

Protection of Vulnerable People.

• Vulnerable D gets human rights protected under A6 so fair trial.
• What do child defendants entitled to get in court? Such as in T and V v UK? How is this fair for young people?
• What does witness protection measures do? What does it reduce making court? Ensures?

Answer 13

• Special measures such as a private hearing, informal language, fair as young so getting treated like adults would be intimidating.
• Protect individual right, reduce trauma making court less intimidating, D won’t know their identity so they are protected which ensures justice and protection.