Article 6 A01

Question 1

Limited right

Answer 1

the state cannot interfere with the right unless it is allowed under the right itself (Art 6(1)) or the state derogates

Question 2

Woolmington v DPP

Answer 2

presumption of innocence acts as the ‘golden thread’ in criminal law

Question 3

Burden of proof

Answer 3

Prosecution

Question 4

What are the 5 minimum rights under Article 6(1)

Answer 4

Civil Rights
Criminal Charge
Public Hearing
Reasonable time
Independent and impartial

Question 5

What is the right to a public hearing

Answer 5

Public - Except when 6(1) allows this right to be limited, e.g.
cases of national security,
mental health tribunals and
youth courts

Question 6

How is ‘reasonable time’ measured (case)

Answer 6

It’s based on the complexity of the case. In Beggs v UK - 10 years to get an appeal was not reasonable

Question 7

What does independent and impartial mean? (2 cases)

Answer 7

Evidence of jury tampering can be heard by a judge alone → as seen in R v Twomey and Others.

Also, a HL judge was not impartial in the extradition case of the Chilean dictator Pinochet as he supported Amnesty International

Question 8

What are the aspects that factor into achieving a fair trial (7 factors)

Answer 8

Access to court
Equality of arms
Children
Rules of evidence
Presumption of innocence
Legal representation
A reasoned and final decision

Question 9

Access to court (case)

Answer 9

a full and accessible court structure of trial and appeal courts. Golder v UK → was not allowed to see a solicitor whilst he was in prison, so his access to court was restricted and violation of Article 6(1)

Question 10

Equality of arms (case)

Answer 10

Steel and Morris v UK were sued by McDonalds for defamation but couldn’t get legal aid

Question 11

Children (case)

Answer 11

Attendance in court and the right to participate - children may not understand and can’t participate → T and V v UK

Question 12

Legal representation (case)

Answer 12

lack of legal aid can be a violation of Article 6 - Bentham v UK

Question 13

Article 6 (2)

Answer 13

Presumption of innocence

Question 14

Article 6(3) sets out

Answer 14

5 minimum rights to any person charged with a criminal offence

Question 15

What are the 5 minimum rights for those charged with a criminal charge under Article 6(3)

Answer 15

Informed promptly
Adequate facilities
Legal Assistance
Examine witnesses
Free interpreter

Question 16

Article 6(3)(a)

Answer 16

Informed promptly of the allegations in a language he understands

Question 17

Article 6(3)(b)

Answer 17

Have adequate facilities to prepare a defence

Question 18

Article 6(3)(c)

Answer 18

Legal assistance

Question 19

Article 6(3)(d)

Answer 19

Chance to examine witnesses

Question 20

Article 6(3)(e)

Answer 20

Free interpreter