article 6

Question 1

Magna Carta

Answer 1

introduced trial by duty and due process

Question 2

scope

Answer 2

applies to both ciivl and crim cases
civil - disputes over rights/obligations
crim - when accused of crime

Question 3

meaning of fair trial

Answer 3

art 6/1
applies to both civ and crim cases

Question 4

factors of a fair trial

Answer 4

access to court - must be able to bring own case w/o unfair barriers e.g money

equality of arms -
- both sides get fair chance , including eviendece disclosure
- steel and morris - self represent v rich lawyer = unfair

right to attend -
esp for kids and vul ppl

rules of evidence
unfairly obtained evidence = can be banned (mushtaq)

trial within reasonable time -
no crazy delay
but depends on complexity

impartial and independent tribunal
judge = unbiased
judge only trial , allowed for security / jury tampering

public hearing
trial open = so justice is seen to be done
exception = children , national security or privacy

final judgement
courts must explain main reasons publicly
when appeals done , case = closed

Question 5

article 6/2

Answer 5

presumption of innocence
innocent till proven guilty
right to silence

Question 6

rights under art 6/3

Answer 6

a- right to know charges in lang u understand b- time and faciltiies to prepare defence
c- right to defend urself/ or w lawyer
d- right to question witnesses against u

interpreter - free help if dont speak courts language