article 6

• right to a fair trial
• magna carta 1215 - to no one shall we refuse or delay right or justice
• act of settlement 1701 - judicial independence protects judiciary from political pressure - s3 constitutional reform act 2005
• limited right - state cannot interfere unless limitation allowed under the right or state derogates
• 6(1) civil rights and criminal charges, everyones entitled to fair and public hearing with reasonable time by an independent and impartial tribunal limited in the interest of morals and national security as well as juveniles and protection of private life
• reasonable time - (beggs v uk) reasonable is subjective
• judges must be impartial (pinochet)
• evidence of jury tampering judge has right under s44 criminal justice act 2003 to try case without jury (r v twomey)
• real rap
• 1. access to court 


  cannot be denied access to court (golder v uk)
• access to court


  limitation periods preventing cases being brought after certain time (3 years tort personal injury, 6 years contract tort property)
• 2. equality of arms


  fair balance between parties (steel and morris v uk)
• equality of arms

  child defendant should understand proceedings and take part but not be intimidated or distressed (T and V v UK)
• 3. attendance at court and right to participate


  children may be unable to participate due to immaturity and lack of understanding (T and V v UK)
• 4. rules of evidence 


  evidence gained through ill treatment unfair (gafgen v germany)
• rules of evidence

  cannot gain evidence by torture (othman v uk)
• rules of evidence

  hearsay cannot be used in criminal case but accepted in civil cases
• 5. presumption of innocence


  innocent until proven guilty (woolmington v dpp)
• presumption of innocence

  right to silence not an absolute right
• presumption of innocence

  judge could draw adverse inferences from silence (murray v uk)
• presumption of innocence

  right to not self incriminate not absolute (brown v scott)
• 6. legal representation


  legal aid and representation necessary where liberty at stake (bentham v uk)
• 7. reasoned and final judgement 


  clear decision at end, judge doesn't have to explain everything but include main issues (boldea v romania)
• 6(2) everyone charged with criminal offence presumed innocent until proven guilty (woolmington v dpp)
• 6(3) everyone charged with criminal offence has minimum rights a-e
• a - informed promptly in a language he understands in detail of nature and cause of accusation against him
• b - adequate time and facilities for preparations of defence
• c - defend himself in prison through legal assistance of choice, if he has not sufficient means to pay for legal assistance given it free when interests of justice require
• d - examine or examined witnesses against him to obtain attendance and examination of witnesses on behalf under same conditions
• e - free assistance of interpreter if cannot understand/speak same language