HR Article 6 Flashcards
(23 cards)
What right does Article 6 provide?
The right to the minimum standard of fairness in procedures in regards to trials
What is the right that sates D can be present at trial and argue there case?
D has the right to attend their trial
What right is seen in Woolmington?
Innocent until proven guilty
What does innocent until proven guilty mean?
You should be considered an innocent person until you are proven guilty. To stop an unfair or biased trial
What does D have the right to if they speak another language?
The right for the trial to be in a language they understand.
What right does D have to representation?
He has a right to legal representation. So having a solicitor or barrister who can give legal advice throughout the process.
What does D have a right to (defence)?
D has the right to prepare a defence.
What case gave the right to have time to prepare a defence?
Steel & Morris
What does D have a right to? (witnesses)
The right to call and question witnesses
What right did Condron state?
The right to remain silent.
What does the right to remian silent mean?
D has no obligation to respond to any questions. Although now the court can be told you remained silent, that in itself is not evidence, it is just saying that D was silent
What right links with the right to remain silent?
The right to incriminate themselves
What does the right to not incriminate yourself mean?
D does not have to say anything which will incriminate themselves, although D can if they wish or advised to.
What was covered in Rowe?
The equality of Arms
What is the equality of arms?
Where there must be a balance of powers in the court. So all parties (defence and prosecution) must know all of the information the other one does which will be present.
Why do we have the equality of arms?
to prevent an abuse of power and to ensure everyone is on the same page. Consider one side may have better witnesses or better resources
What would be a breach of article 6? (linking to the equality of arms)
If D had limited access to files, so D could not hear everything that the prosecution has.
Is article 6 a qualified right?
yes
What does it mean to be a qualified right?
It can be interfered with in certian situations
When is it lawful to interfere with article 6 (a right to a fair trial)
National security or to prevent a crime. But if there are competing interests.
Give an example of when it is alright to interfere with article ?
If the case involves a juvenile, national security or to protect a witness. The case will be heard in private.
What does this mean if a trial is heard in private?
It could bring a restriction on media coverage and the release of information.
